Shafaq News/ As Donald Trump returns to the White House with a “historic” victory in the US presidential election, questions abound about the criminal charges he faces and the potential legal ramifications of his second term.
As sitting president, Trump may attempt to have the charges dropped or delayed for years, as his victory could provide him with legal protections. According to USA Today, “Trump has the constitutional right to pardon himself, though this remains a matter of legal debate, especially since he has repeatedly insisted that the charges against him are politically motivated.”
Under Article II of the US Constitution, the president can grant pardons and delays for federal crimes, but state-level charges are not subject to this presidential pardon power. A 2000 memo from the Department of Justice also suggests that imprisoning a sitting president would be unconstitutional, as it would impede the president’s ability to perform his executive duties.
Even with Trump’s victory, New York Judge Juan Merchan may proceed with his case involving payments to Stormy Daniels. “However, he could opt for a lighter sentence or delay the ruling until after Trump’s term,” as reported by ABC News. Even if a sentence is issued, it could clash with Trump's presidential responsibilities, and some legal experts, speaking to USA Today, argue that certain penalties, such as jail time, may not be enforceable.
As for the Georgia charges, Trump's legal fate could be postponed until the end of his term under the doctrine of sovereign immunity, as he has now secured a second term in the White House. However, Georgia's Republican Governor Brian Kemp could grant him a pardon.