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Democrat Lawfare Means the White House or the Big House for Trump

October 31, 2024 By The Editors

President Donald J. Trump and First Lady Melania Trump disembark Marine One upon their arrival Thursday, Dec. 31, 2020, on the South Lawn of the White House. (Official White House Photo by Joyce N. Boghosian)

Radical politicized prosecutions by Democrat Party allies in the justice system mean that Donald Trump could face imprisonment if he doesn’t win the presidential election on November 5. A.R. Hoffman explains in The New York Sun:

For President Trump, next week’s election could be a moment where two roads diverge — one leads to the White House, and the other, possibly, to the big house.

As the 45th president’s contest with Vice President Harris appears set to conclude in a photographic finish, the criminal cases against Trump are chugging along toward trial. The months of November and December are marbled with litigation deadlines. The most important one of all, though, is January 20.

That’s when Trump could either raise his hand for the oath of office and assume the protections of the presidency — the Department of Justice forbids prosecuting sitting presidents — or stew at Mar-a-Lago while contemplating a protracted trial calendar that might not terminate in acquittals. If he loses, he also forfeits the ability to fire Special Counsel Jack Smith and dismiss the January 6 and Mar-a-Lago cases.

Regardless of whether Trump wins on Tuesday, Judge Juan Merchan at New York on November 26 is set to hand down Trump’s sentence in the hush money case involving the attorney Michael Cohen and the adult film star Stephanie Clifford, known as Stormy Daniels.

On November 12, Judge Merchan is set to decide whether the Supreme Court’s landmark immunity ruling in Trump v. United States can protect Trump from the 34 state convictions secured against the former president by District Attorney Alvin Bragg. Mr. Bragg contends that the Nine’s decision “has nothing to say” about the “guilty” verdicts he secured. Judge Merchan’s prior rulings have overwhelmingly favored the state.

State crimes lie beyond the reach of the Department of Justice and the presidential pardon power, which covers only “Offenses against the United States.” That means that if Trump is sentenced to prison, that ruling will hold even if Trump wins the White House. He would likely appeal such a sentence to the Appellate Division, First Department, New York’s initial appellate tribunal. He would not report to prison until the appellate process is exhausted. Governor Hochul has suggested that a pardon is off the table.

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