Photo courtesy of NBC News. Pictured above, President-Elect Donald Trump during a trial for one of his charges.
After a tense 24 hours, the election results arrived. In all of the chaos surrounding former president Trump being elected for a second term, a looming question arises. What will happen with President-Elect Trump’s legal charges?
SAU political science professor and International Studies Director Dr. Duk Kim weighs in on the implications of having a felon take office. He believes President-Elect Trump will be able to delay any penalties until after his term because of the legal protections for sitting presidents.
“If Trump is sentenced in New York before or during his presidency, he would likely seek to delay the sentence, potentially through appeals.”
Kim also says that incarceration is unlikely, especially because Trump is a first-time offender and committed nonviolent offenses.
Another unprecedented question has resulted from these election results. Once Trump is in office, will he be able to pardon himself of charges? According to Dr. Kim, the answer is a bit complicated.
Trump would be unable to pardon himself from the state charges in New York and Georgia. However, for the two federal charges he is facing, there is no clear answer right now. There is a chance he may try a self-pardon or a sentence commutation.
According to the Legal Information Institute, a sentence commutation is the ability to substitute the sentence given for a lesser sentence. For more information about sentence commutations, visit the Legal Information Institute here.
Dr. Kim believes a constitutional debate will occur if Trump attempts to pardon himself for the federal charges, potentially even reaching the US Supreme Court.
“This raises big questions about presidential accountability and the boundaries of the pardon power, which could set lasting legal precedents on how much immunity a president has.”
The US has never elected a felon president, so it is currently unclear how all of these issues will play out.
“The legal challenges surrounding Trump’s sentencing could set a key precedent for future presidents, particularly around the limits of presidential immunity,” Dr. Kim says. “The case highlights the complexities of holding a sitting or president-elect accountable for criminal actions, raising important questions about the scope of presidential powers and the balance of legal authority.”
Additionally, if Trump can delay the sentencing for his state offenses, it may cause tension between federal and state jurisdictions.
“These situations could also raise concerns about presidential immunity and the balance between state and federal legal systems, with lasting implications for future presidents navigating similar legal challenges.”
There is also concern that pending criminal cases could distract Trump from his duties as President. Juggling a presidency and pending charges at the same time is something that no other president has had to do so far.
“Democrats may use these issues to challenge his legitimacy and focus, while foreign countries could question his ability to lead effectively, especially if legal challenges impede his decision-making,” Kim says.
It is still uncertain what Trump’s sentences will be for both his federal charges and state charges. Dr. Kim explains that the sentences will depend on a variety of factors, including the specifics of his charges, the arguments from Trump’s legal team, and the judge’s discretion.
