In this engaging discussion, Jessica Roth, a law professor and former federal prosecutor, sheds light on Donald Trump's complex legal landscape. She dives into the implications of his felony conviction for falsifying business records and the challenges of presidential immunity in ongoing cases. Roth also examines significant civil liabilities, including Trump's inflated asset claims, and the potential impact of recent pardons by President Biden. Tune in for a deep dive into the intertwining of law and politics surrounding a former president.
Trump's legal challenges shifted from major campaign liabilities to minor issues following his re-election, affecting voter perception significantly.
The Supreme Court's ruling on presidential immunity complicates future legal accountability while Trump's civil liability remains substantial and ongoing.
Deep dives
Shifting Political Landscape
At the start of 2024, Donald Trump's legal issues appeared to complicate his presidential campaign significantly. Polls indicated that a considerable percentage of his supporters might reconsider their allegiance should he be convicted of a felony. However, as the election approached, these legal challenges became less of a focal point for voters. Ultimately, the 2024 election concluded with Trump winning, significantly altering the perception of his legal troubles from a potential liability to a minor footnote in his campaign narrative.
Dismissal of Criminal Cases
Several federal criminal cases against Trump were dismissed following his re-election, primarily based on a Department of Justice policy that prevents the prosecution of a sitting president. The January 6th case and the unlawful retention of national defense information were both dismissed without prejudice, leaving them technically open for future prosecution but unlikely to be revived. Meanwhile, the ongoing case in Georgia remains stagnant due to appeals regarding prosecutorial authority. In contrast, Trump's New York case continues to present challenges after he received a felony conviction related to falsifying business records.
Implications of Presidential Immunity
The discussion around Trump's legal troubles has highlighted the implications of presidential immunity, particularly following the Supreme Court's ruling that offers broad protection for presidents regarding official acts. While this immunity has not been extended to a president-elect, the current legal landscape raises questions about how this could affect future prosecutions. Trump's legal team contends that ongoing state and federal cases should be dismissed due to his status, citing the burdens placed on a president from legal proceedings. The challenges presented by this immunity ruling create a complex backdrop for any future accountability measures against Trump.
Civil Liability and Ongoing Appeals
Beyond criminal liability, Trump faces substantial civil liability, amounting to hundreds of millions of dollars, especially regarding the New York case where he was ordered to pay $355 million for inflating his company's assets. This civil ruling is currently under appeal, and more developments could arise as the appellate court reviews the case. Trump's potential defenses, including presidential immunity, may not apply in civil cases, which could lead to significant financial consequences. Additionally, ongoing civil lawsuits related to the January 6th events further complicate his legal situation, highlighting continued scrutiny even amid his return to power.
Earlier this year, as President-elect Donald Trump mounted his campaign to return to the presidency, it seemed like one of the biggest barriers to his election would be the battery of criminal and civil cases that had been filed against him. Now, as we near Trump’s inauguration day, what will happen to them?
Law professor and former federal prosecutor Jessica Roth joins the podcast to unpack the fate of the legal cases against Trump. She provides clarity on the status of the major cases, discusses the potential impact of the Supreme Court’s immunity ruling on Trump’s presidency, and examines President Joe Biden’s use of the pardon.