By all indications, former President Donald Trump is preparing to announce his candidacy for the 2024 presidential election, likely at his club Mar-a-Lago in Palm Beach, Fla., on Nov. 15. We are planning to hold an event in Could his status as a presidential candidate limit his exposure in several ongoing legal battles?
A legal expert told Politifact that Trump would not officially benefit from officially announcing his candidacy, especially two years before the next election. The benefits are modest at best.
“Being a candidate does not give Trump legal protection from criminal prosecution for crimes he committed during or after his presidency,” said Mark Osler, a law professor at the University of St. Thomas. rice field. “If he were to run for office it might be different, but now his status is ‘Florida resident’ rather than ‘president’.”
What legal issues does Trump currently face?
Trump’s most important legal concerns concern four issues:
• Handling Presidential Records: The Justice Department is investigating government documents moved from the White House to Mar-a-Lago. Federal authorities searched his property in August and removed thousands of documents, including classified documents. This could lead to criminal charges, which have not yet been filed.
• Trump’s business practices: The office of Attorney General Letitia James in New York is spearheading a civil investigation into Trump’s business for alleged fraud in property valuations. , an ongoing investigation into possible criminal activity by Trump’s business, the status of this investigation is unknown.
• Involvement in the January 6, 2021 riot: A parallel investigation is underway into the January 6, 2021 attacks on the US Capitol and the events leading up to it. Selected House committees have been investigating this for over a year and may eventually produce criminal referrals to the Justice Department. I’m here. After Jan. 6, Trump could face criminal risks, but that is currently unknown.
• Attempts to Change State Election Results: Fulton County, Georgia District Attorney Fani Willis has filed criminal charges related to Trump’s efforts to get state officials to interfere in Georgia’s 2020 election results, which Joe Biden narrowly won. are investigating the possibility of
Will announcing his presidential run protect him from these investigations?
Officially, Trump won’t get protection by officially being the nominee, experts said.
Kenneth Gross, senior political legal counsel at Aiken Gump Law Firm, said: “Candidate Donald Trump remains a private individual, and a candidacy will not affect the lawsuits against him or protect him legally. It is not.
A long-standing Justice Department policy prevents a sitting president from being indicted by the federal government, but that restriction no longer applies when a president leaves office. The Constitution clearly states in Article 1(3)(7) that former presidents may be prosecuted for their actions while in office.
Rick Simmons, a law professor at Ohio State University, says the same is true for presidential candidates who haven’t yet served as president. “There is no policy rule or guideline that prohibits prosecutors from prosecuting presidential candidates,” Simmons said.
There is one rule that could benefit Trump, but it won’t work for the better part of two years.
This was recently repeated in a memo signed by Attorney General Merrick Garland on May 25, 2022. he wrote:
“The Department of Justice has a strong interest in prosecuting election-related crimes, including federal and state campaign finance laws, federal sponsorship laws, and corruption in the electoral process. Sensitive to safeguarding the department’s reputation for impartiality, impartiality, and nonpartisanship.
“Simply put, partisan politics should not be involved in the decisions of federal agents and prosecutors regarding investigations and criminal prosecutions. , investigative procedure, criminal prosecution, or other action in any matter or case for the purpose of influencing an election or favoring or disfavoring a candidate or political party.”
Neither this memo nor previous memos set a specific length for the “silent period” before and after the election, but 60 days is often used as a rough estimate.
Barbara McQuade, former federal attorney for the Eastern District of Michigan, told Politifact in 2018:
Some or all of the existing investigations could continue until the fall of 2024, experts say. If anything, the recent conclusions of the 2022 midterm elections mean the period of silence is over and investigative activity may surge.
“When someone declares himself president, it takes a lot of notice and approval,” said James Lovenart, an attorney at Thompson-Hine and an expert on Watergate and other political investigations. With the approval of the Attorney General, charges can be filed.”
How can Trump benefit from announcing his bid?
The unofficial gains from announcing his bid at this point would be modest, experts agreed.
Elise Bean, a former congressional investigator for the Senate at the time, said, “Being a candidate doesn’t give him legal protection, but it does allow him to argue that any investigation is politically motivated. Dr. Carl Levin, Michigan, currently teaching at Wayne State University.
The question in Trump’s case is whether it brings additional benefits. Since losing in 2020, Trump has hinted that he wants to run for president again, so the rhetorical impact is likely to be minimal.
“This emergence of political motives may discourage prosecutors from filing charges, and may factor in jury decisions about whether to convict,” Simmons said. “However, given the fact that almost everyone knows Trump will announce his candidacy, it’s unclear how important this factor is.”
In any event, prosecutors will be careful to dot all ‘i’s and cross out all ‘t’s,’ Gross said.
“I don’t think a formal announcement will deter prosecutors from taking action, but it will certainly close the six cases by Sunday,” he said.
