Former President Donald Trump has racked up a number of legal wins in recent months, but he still faces potentially severe legal consequences even if he wins the 2024 election.
Trump’s wins continued this week when Georgia Judge Scott McAfee on Thursday dismissed two additional counts against Trump.
The initial indictment accused Trump and his allies of a scheme to overturn the results of the 2020 election in Georgia. However, the case has been paused for months while an effort to disqualify the top prosecutor is on appeal.
“President Trump and his legal team in Georgia have prevailed once again,” Trump’s lawyer Steven Sadow said in a statement.
Trump logged more significant victories this summer after starting the year facing more than 90 felony charges with a criminal and civil caseload some predicted would sink his campaign for the White House.
The U.S. Supreme Court, which includes three members appointed by Trump, handed the former president his biggest win in July when it ruled that presidents and former presidents of the United States have “absolute immunity” when acting on core constitutional duties and “presumptive immunity” on other matters. The repercussions of that high court ruling continue to play out in Trump’s Washington D.C. election interference case.
A Florida judge, also appointed to the bench by Trump, gave the former president a win when she dismissed the case saying the appointment of Special Counsel Jack Smith violated the Constitution.
Many legal experts considered the classified documents case to be Trump’s most difficult legal hurdle.
Trump, of course, has taken some damage along the way. On May 30, a jury convicted Trump on all counts in his New York City hush-money case. Trump was convicted of 34 counts of falsifying business records for disguising hush money payments to an adult film actress as legal costs ahead of the 2016 election. Under New York state law, falsifying business records in the first degree is a Class E felony punishable by a maximum of four years in prison.
But Trump won’t face sentencing in that case until after the election. Earlier this month, Judge Juan Merchan moved the sentencing to after the presidential election to avoid any potential issues before Americans pick their next leader Nov. 5.
Even so, the New York trial proved, at the least, uncomfortable for Trump, who spent weeks sitting in a courtroom listening to people – who he claims lied – testify about his sex life, among other matters.
In the New York case, prosecutors alleged Trump falsified internal records kept by his company, hiding the true nature of payments that involve adult actress Stormy Daniels ($130,000), former Playboy model Karen McDougal ($150,000), and Trump’s former personal lawyer Michael Cohen ($420,000). Prosecutors allege the money was logged as legal expenses, not reimbursements.
Both Daniels and Cohen testified during the trial.
Daniels detailed the alleged 2006 sexual encounter with Trump and testified she “blacked out.” She also said Trump didn’t wear a condom. Defense attorneys asked for a mistrial after that testimony, which they argued was prejudicial. Merchan denied that request for a mistrial.
Trump isn’t out the woods yet. He still faces several civil challenges with large monetary verdicts against him. And winning the election won’t necessarily free him up, although sitting in the White House would undoubtedly help. And the federal case against Trump in Washington D.C. continues to inch forward, although Trump’s legal team says he’s shielded by the Supreme Court decision. Special counsel Smith also has appealed Cannon’s decision to toss the classified documents case.
Trump could win the Nov. 5 election and be in a better legal position.
“The Constitution does not bar felons from serving as President,” said Richard Hasen, professor of law and political science at the University of California, Los Angeles.
Hasen said it “is uncertain whether Trump could pardon himself” from any federal conviction.
“If he did, that would be challenged,” Hasen said.
Trump could not pardon himself from any state charges, Hasen said.
