Following his recent election victory, Donald Trump's return to the White House has prompted the closure of Special Counsel criminal cases against him due to DOJ policy. While other federal and state legal battles persist, including a New York conviction, the DOJ's stance on prosecuting sitting presidents presents a significant hurdle.

In light of Donald Trump’s return to the White House following his victory over Kamala Harris, the US Department of Justice’s Special Counsel is wrapping up its criminal cases against the former president. This decision, driven by practical and political factors, underscores the challenges facing ongoing investigations as Trump reassumes the presidency.

Also read: Donald Trump, the imperial president

Why the Special Counsel is wrapping up Trump’s cases

The special counsel’s office, under prosecutor Jack Smith, had been investigating two significant cases against Trump: his retention of classified documents at Mar-a-Lago after leaving office in 2021, and his alleged attempts to overturn the 2020 election results. These cases had been progressing, but Trump’s election win introduced a legal and procedural hurdle. Justice Department policy prohibits criminal prosecutions against a sitting president, effectively suspending cases until the end of the president’s term. In Trump’s case, this means the special counsel must conclude or dismiss these investigations to avoid any appearance of conflict or bias.

The Justice Department also recognises that Trump’s incoming administration would likely take steps to halt the investigations if they were left open. Trump has been vocal about his intent to dismiss Smith should he return to the presidency, a position his advisors and allies have echoed. For Trump, who has consistently framed the investigations as politically motivated, ending the cases marks a symbolic victory.

Other legal cases Trump faces

Although the special counsel’s cases against Trump will be closed, other legal battles remain. His legal portfolio includes both federal and state cases. The most notable case is his New York criminal conviction related to a hush-money scheme tied to the 2016 presidential election. This case, prosecuted by Manhattan District Attorney Alvin Bragg, involved Trump allegedly directing hush payments to suppress information that could have negatively impacted his campaign. Trump was convicted on 34 felony counts, but the conviction has had minimal effect on his political standing among his supporters.

Also read: What happens to Donald Trump's criminal cases after he becomes President?

Additionally, Trump faces several civil lawsuits, including one stemming from claims of fraud at the Trump Organization. This civil case, brought by New York Attorney General Letitia James, seeks substantial financial penalties and could lead to restrictions on Trump’s business operations within New York. These civil cases do not fall under the same DOJ restrictions as criminal prosecutions against a sitting president and will likely continue despite his return to office.

Other cases involve Trump’s tax records, potential defamation claims, and investigations into his business dealings. While these cases may be less publicly visible than federal charges, they still pose significant financial and reputational risks for Trump.

Can Trump be charged as President?

Under current DOJ policy, a sitting president is immune from criminal prosecution while in office. This policy, based on guidance from the DOJ’s Office of Legal Counsel, argues that criminal proceedings against a sitting president would impede their ability to execute the duties of the presidency. It’s a long-standing tradition, though not a constitutional requirement, and is designed to maintain the independence and stability of the executive branch. This policy means that any new or ongoing criminal cases must be delayed until Trump’s term concludes.

However, this immunity does not extend beyond the presidency. If any criminal investigations remain open or are reopened after his term, Trump could theoretically face charges upon leaving office. Additionally, immunity is limited to federal prosecutions; state-level cases, like those in New York, may have room to manoeuvre around DOJ policy, though it would likely be met with legal challenges if they tried to prosecute a sitting president.

Can Trump pardon himself if charged?

The possibility of self-pardon has been a subject of legal debate, but it remains unresolved since no president has ever attempted it. The Constitution grants the president broad pardon powers for federal crimes, with the exception of impeachment. This provision allows the president to grant reprieves and pardons “for offences against the United States,” which some interpret as including self-pardon.

Trump’s victory raises the theoretical possibility that he could attempt to pardon himself for any federal charges. However, there are limits. The pardon power only applies to federal offences, meaning it would not cover state-level convictions or investigations, such as the New York cases involving his business dealings and hush-money payments. Additionally, a self-pardon would almost certainly prompt legal challenges, possibly reaching the Supreme Court for a final decision on whether self-pardon aligns with the framers' intentions.

The Trump team’s approach to these potential legal challenges suggests a strategy focused on leveraging presidential power to neutralise legal threats. His campaign and presidency have capitalised on portraying these investigations as politically motivated, a stance that has resonated with his voter base.

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