Note from Elie 11/08: Trump's Gamble Pays Off As Cases Fade Away
Nov 8, 2024
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A former federal prosecutor dissects the evolving political landscape following recent elections. He navigates Donald Trump's complex legal challenges as he eyes a presidential return. Discussions reveal how pending criminal cases intertwine with constitutional protections, complicating state prosecutions. The analysis sheds light on the balance between legal proceedings and political ambitions, painting a vivid picture of Trump’s potential path amid ongoing controversies. It's a fascinating look at law, politics, and the unpredictable nature of American democracy.
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Quick takeaways
Trump's potential return to office amid fading legal challenges raises concerns about accountability and the rule of law.
The difficulty of prosecuting a sitting president complicates efforts for justice, highlighting the struggle between legal and political realities.
Deep dives
Post-Election Landscape
The podcast discusses the immediate political and legal landscape following the election, highlighting the surprising outcome despite predictions of a close race. The focus shifts to the implications of Donald Trump potentially returning to office, suggesting he may operate beyond established legal norms and ethics. Concerns are raised regarding the lack of accountability from official sources, especially with a likely Republican-controlled Congress and a conservative Supreme Court. This scenario positions career civil servants and the media as critical watchdogs to maintain some form of oversight during Trump's potential presidency.
The Status of Trump's Criminal Cases
All criminal cases against Donald Trump appear to be effectively concluded, with no further trials anticipated which raises significant concerns about accountability. The discussion highlights the legal challenges facing Special Counsel Jack Smith as he prepares to wind down his investigations now that Trump could regain presidential power. A key point noted is the longstanding Justice Department policy against indicting a sitting president, complicating any potential prosecutions. The conclusion drawn is that, despite the chance for historical documentation of findings, the prospects for actual prosecution have diminished significantly.
Implications of State-Level Prosecutions
The conversation explores the viability of state-level prosecutions against Trump, particularly in New York and Georgia, suggesting these efforts may struggle to proceed effectively. With ongoing legal troubles and the potential dismissal of charges, the likelihood that Trump would face serious consequences during his presidency appears slim. The podcast explains that practical constraints, such as the Supremacy Clause, would likely obstruct any attempts to imprison a sitting president on state charges, leading to further delays. The overarching theme reflects on how political realities often overshadow aspirations for justice, indicating a worrying precedent for the future.
Elie Honig is a former Assistant U.S. Attorney and co-chief of the organized crime unit at the Southern District of New York, where he prosecuted more than 100 mobsters, including members of La Cosa Nostra, and the Gambino and Genovese crime families. He went on to serve as Director of the Department of Law and Public Safety at New Jersey Division of Criminal Justice. He is currently Special Counsel at Lowenstein Sandler and a CNN legal analyst.
For a transcript of Elie’s note and the full archive of contributor notes, head to CAFE.com.