Federal criminal charges against Trump resurface in final phase of election campaign | Elections 2024

Donald Trump is not only campaigning to return to the White House and power on November 5. He may also be trying to avoid a prison sentence that a special investigator from the Justice Department has brought against him in two different cases. Both cases appear to be on hold: the case in which Trump is accused of improperly handling secret documents that he took to his Mar-a-Lago residence was unexpectedly put on hold by the judge; another case involving election interference in Washington was put on hold due to the Supreme Court's ruling on presidential immunity. Both cases have resurfaced this week, just over two months before the presidential election.

A few decades ago, criminal charges like those brought against Trump would have ended any politician's career. No president or former president had been indicted by a grand jury before Trump. He was indicted on dozens of counts in four separate cases. A jury found him guilty on 34 counts: falsifying invoices, checks and accounting records to conceal payments to porn star Stormy Daniels so she would keep quiet and not harm his chances in the 2016 presidential election. In addition, other juries in civil cases found him guilty of fraud, sexual abuse and defamation. Despite this history, Trump masterfully uses his communication skills, lies and propaganda networks to portray himself as a martyr and victim of political persecution.

That's the script that was followed this week. Two cases that had been on hold are back in the spotlight, although neither of them will go to trial before November 5. Trump-appointed federal judge Aileen Cannon had ruled in July to dismiss the Mar-a-Lago Papers case on the grounds that the appointment of special counsel Jack Smith was illegal because he was neither appointed by the president (this was instead the attorney general) nor confirmed by the Senate. Trump welcomed the judge's decision, which broke all precedent in this regard. However, Smith appealed Monday to the U.S. Court of Appeals for the 11th Circuit, which had already dealt the judge several legal blows for her rulings in Trump's favor. So the case is still alive.

The other case concerns Trump's alleged attempts to manipulate the outcome of the 2020 election, which he lost to Joe Biden. The trial was scheduled for early March, but the former president's lawyers repeatedly appealed, citing presidential immunity. The Supreme Court, with a conservative majority, granted him broad immunity for acts he committed during his presidency, invalidating part of the original charges, but allowing lower courts to pursue the case and draw the line at which allegations could be brought to trial.

Prosecutors have obtained a new indictment, which was accepted by another grand jury, which believes the new charges fit the new doctrine. The revised indictment omits acts that appear to be protected by the Supreme Court ruling, most notably Trump's contacts with the Justice Department. Trump and his lawyers believe the new indictment still violates his immunity. Judge Tanya Chutkan, who was appointed by Barack Obama, will have to decide.

Waiting for the verdict

The same Supreme Court ruling on immunity prompted Judge Juan Merchan to delay sentencing in the hush money case, originally scheduled for July 10. The judge postponed it until Sept. 18 to give the parties time to argue whether or not the Supreme Court ruling affects their case and to issue a decision, which is scheduled for Sept. 16. Trump's lawyers asked the judge last week to delay sentencing until after the election. In theory, Merchan's decision could put Trump behind bars for years, although the most common outcome would be probation or conditional release.

Trump's penchant for delaying sentencing is a sign that he believes it could hurt him electorally, although the impact on voters is not entirely clear. The former president lost some popularity in the polls after being found guilty in late May, but has frequently used his legal troubles to mobilize his supporters and raise funds for his campaign. Following the special counsel's rulings, Trump has baselessly insisted that it was a “witch hunt.” He has said that Washington's accusation was “ridiculous” and must be immediately rejected and that it was all an attempt to interfere in the election.

Oddly, the Democratic campaign, which is usually very aggressive against Trump, has remained silent on Smith's recent decisions. During the party's convention in Chicago last week, several party leaders drew a contrast between prosecutor Kamala Harris and convicted felon Donald Trump. It's a comparison many in the party expect to see in the Sept. 10 debate. Democrats, however, have not scratched at the wound this week, perhaps for fear of lending credence to the Trumpian theory of political persecution.

This week's rallies will serve as a gauge of how the candidates approach the issue. Harris is traveling by bus with her vice presidential candidate, Tim Walz, through Georgia, a key swing state, and will hold a rally in Savannah on Thursday. Trump has a rally planned for Thursday in La Crosse, Wisconsin, and another in Johnstown, Pennsylvania, on Friday, two other key swing states.

Harris has also finally agreed to her first interview since President Joe Biden dropped out of the race over a month ago. It will air on CNN at 9 p.m. Eastern Time on Thursday. Her running mate Walz will accompany her, a fact that Republican vice presidential candidate JD Vance has already mocked, saying it was like a teenager bringing their mom or dad to their first job interview.

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