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Evening Standard
Evening Standard
Nicholas Cecil

'Get out of jail card' before even passing go for Donald Trump as he hails US election victory

Donald Trump was still fighting four legal battles as he declared victory in the US presidential election.

The criminal cases are quite different and carry varying penalties for the defendant if found guilty.

Trump denies all the charges.

For all their complexities, the four cases were ultimately leading to the same outcome if Trump succeeded in beating Kamala Harris on November 5.

As president, and president-elect, he effectively gets a “get out of going to jail card”, even before re-entering the White House in January, as the court cases seem likely to be stopped, either by him back in power in his second term, or by state judiciary systems themselves.

If he hadn’t won, then it could have been a very different world for the property tycoon.

The four cases are:

Stormy Daniels “hush money” trial

In a historic ruling, Trump was found guilty by a New York state court of 34 counts of fraud under election campaign finance laws.

A six-week trial heard from 22 witnesses, including former porn star Stormy Daniels, whose alleged sexual encounter with the former president was at the centre of the case.

Each of the charges carries a maximum of four years in jail.

Trump has sought to get the case dismissed after a Supreme Court ruling on presidential immunity, and if he fails is still expected to pursue his legal fight.

His lawyers will also be able to argue that a lone state should not use its power to derail the functioning of the United States so as president, Trump looks safe, for at least four years.

If he hadn’t won, many but not all legal experts believe the ex-president is more likely to be fined rather than imprisoned given he is a first time offender.

He is due to be sentenced on November 26, but that could be pushed back further, and most experts agree it would be practically impossible to impose a custodial term on him as incoming president.

Capitol Jan 6 riots and conspiring to overturn 2020 election result

Trump has been charged with four criminal counts including conspiracy to defraud the US and conspiracy against the rights of citizens.

The Supreme Court has ruled that as president he had limited immunity so prosecutors have amended the charges to be against someone acting as a political candidate/private citizen.

But Trump, back in the White House, could order the charges against him be dismissed in this federal case, or even pardon himself.

If Ms Harris had won, conspiring to defraud the US can lead to jail of up to five years or a fine, obstructing an official proceeding up to 20 years behind bars or a fine, conspiring against rights of citizens up to ten years in prison or a fine.

So, if he is eventually found guilty, more than four years from now, a jail term cannot be ruled out but it would still be a mega-octane move by a judge to imprison a former president.

Georgia 2020 election

Trump and 18 other defendants were accused of criminally conspiring to overturn his defeat in the key swing state of Georgia where he lost by a narrow margin.

He faced 13 criminal charges, which was reduced to ten, including alleged violation of Georgia’s Racketeering Influenced and Corrupt Organizations Act.

People can be jailed for up to 20 years if found guilty of racketeering, and for between five years and one year for making false statements, or a fine.

After a second election victory, Trump looks safe from jail as his lawyers could again argue that a lone state should not use its power to derail the functioning of the United States. In addition, federal guidelines say that a president should not stand trial while in office.

But if he hadn’t won, America would then have been in unprecedented and dangerous territory.

Classified documents case

In the second federal case, Trump has been accused of wilful retention of national defence information at his Mar-a-Lago Florida estate, under the Espionage Act, with eight counts including conspiracy to obstruct justice, withholding a document or record and making false statements.

Alleged offences carry possible prison sentences of up to ten or 20 years.

But the case was dismissed by a Florida judge, a Trump appointee.

The special prosecutor bringing the case has appealed but it is doubtful whether it will proceed after the Supreme Court immunity ruling, so any prospect of jail is looking a long way off, if at all in this case, even after a second Trump term.

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