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Guilty of criminal charges

Donald J. Trump, first ever convicted felon, to be sworn in as US 47th president
11:12 PM Nov 30, 2024 IST | Prof. M. R. Dua
guilty of criminal charges
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On January 20, 2025, when Donald J. Trump is sworn in as the USA’s 47th president, he’ll be the first American president in history to have been twice impeached, a convicted felon, with a battery of court cases still pending in trial courts across the country.

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Records show that there are four criminal cases, including the federal trial; ‘he was indicted not once, but twice for plotting to overturn the 2020 election. He was accused of mishandling national security secrets and obstruction. He was found liable for sexual abuse and defamation, and for inflating his net worth – by falsifying his business records. And he was found guilty of criminal charges stemming from a hush money payment to an adult porn star.’ There are 34 charges connected to a 2016 hush money payment against Trump. The sentencing in this case was due for November 26 but has now been postponed indefinitely, thereby ‘putting the case on ice at least until Trump leaves the White House Oval Office in 2029.’

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The Federal classified documents case: This case relates to Trump’s alleged mishandling of classified documents after his presidency, for which 40 felony counts against Trump were brought, to which he pleaded not guilty. This was the first federal indictment of a former president. But following Trump’s election November 5 election, the U S justice department is reportedly considering winding down the case. The Special Counsel who has been processing the case will reportedly complete overseeing it before leaves his position before January 20, 2025. The reason being that the provision in the US constitution that the ‘sitting president cannot be prosecuted.’ Thereby assuring the case’s ultimate dismissal.

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Georgia State Case on the 2020 presidential election: In this case President Trump faces eight state charges for allegedly try undoing the election results by somehow securing over 12,000 Georgia votes for Trump from any source. Trump’s personal request for this was recorded on video and used as a proof. Four of Trump’s co-defendants have pleaded guilty. This case too is on pause. Oral arguments are set for December 5. The further proceedings on the case were cancelled on November 25.

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Meanwhile, the latest legal update about Trump’s all case is one single reason” Donald Trump’s presidential swearing in on January 20, 2025. Twenty-ninth November ‘s big bold news headline announce: “Prosecutor drops federal cases against Donald Trump,” saying that the Special Counsel Jack Smith Monday (November 25) officially requested a federal judge dismiss his office’s longstanding indictment case Donald Trump for allegedly working to subvert the 2020 presidential election.’’

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Thus, Special Counsel Smith’s request is a ‘final acknowledgement’ of his office’s prosecutorial dead end and shows he’s bowing to the reality ‘of a Department of Justice policy against prosecuting sitting presidents’’, said the New York Times.

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But in his letter to presiding judge Tanya Chutkan, Smith stressed that his request was “not based on the merits or strength of the case against the defendant but was the result of a Department of Justice interpretation of the Constitution that the case be “dismissed before the defendant is inaugurated (January 20), The N. Y. Times, added. Another report said that Trump is still working to stave off prosecution in the Georgia election subversion action case. The cases will recede into the background,… we probably won’t hear much about these cases following the inauguration of President-elect, remarked a Trump’s defence attorney online.

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As Trump’s defence attorneys believe his ‘election victory is Enough’ for Trump’s cases to be dismissed. They need to file a motion by December 9 making that argument. However, some attorneys still believe Trump should be sentenced – even if it’s after he leaves office.

Be that as it may, can this be termed as slow, quiet and troubled demise of nation’s laws?

  1. R. Dua, former professor-head, journalism department, Indian Institute of Mass Communication (IIMC), New Delhi, and an ex-faculty Journalism, California State University, US.
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