Georgia’s Charges: A State-Level Hurdle
Moving beyond federal jurisdiction, Trump’s legal troubles don’t end at the federal level. In Georgia, District Attorney Fani Willis launched her own case charging Trump with attempting to subvert the 2020 election. But recent developments have complicated matters for Willis. For months, her office has been on hold due to Trump’s legal team’s appeal regarding her conflict of interest—a claim arising from her romantic relationship with a key prosecutor on the case, and her efforts to cover it up. Even if Willis can resume the case, Trump’s position as president would prevent any immediate prosecution.
As legal scholars point out, the courts have historically favored national over state interests in presidential matters. That means even if the Georgia charges stick, the prosecution may face delays until 2029. And by then, the case itself may be as stale as the charges it stems from.
The Merchan Dilemma: Sentencing Delayed
In New York, Trump has already been convicted on 34 counts of falsifying business records related to alleged hush money payments during his 2016 campaign. Yet, even here, Trump’s re-election provides his defense team with a lifeline. Scheduled for sentencing in late November, Justice Juan Merchan faces an unprecedented scenario: sentencing a soon-to-be-sitting president.
If Trump’s legal team prevails in delaying this sentencing, they’re likely to leverage the “constitutional duties” argument. In other words, the defense may argue that the logistics of presidential duties and the rights of voters prevent a sentencing of this magnitude until after his term.
