By triumphing at the ballot box, Donald Trump can dispense with federal charges against him while postponing or derailing other pending cases that have dogged him.
For all that former President Donald J. Trump’s election to a second term was a remarkable political comeback, it was also the culmination of an audacious and stunningly successful legal strategy that could allow him to evade accountability for the array of charges against him.
The string of accusations lodged during the two years of Mr. Trump’s candidacy, seemingly enough to end the career of almost any politician, became in his hands a fund-raising bonanza and a rallying cry, a deep pool of fuel for his rage and a call to demand retribution. The intensity of his campaign fed off the recognition that his personal freedom could be on the line.
He was indicted not just once but twice for plotting to overturn the last election. He was accused of mishandling national security secrets and obstruction. He was found liable for sexual abuse and defamation, and for inflating his net worth. And he was found guilty of criminal charges stemming from a hush money payment to a porn star.
Throughout it all, however, starting with his first indictment in the hush money case, legal proceedings that were meant to hold him to account only seemed to strengthen his support. His political standing strengthened, he was relentless in fighting off some charges, delaying a trial on others and banking on the election itself to settle what he could not win in the courtroom.
The Justice Department has taken the position under administrations of both parties that prosecutors cannot pursue criminal charges against a sitting president to avoid interfering with his performance of his constitutional duties. That is a legal principle that the Trump administration Justice Department and his defense lawyers will surely press state courts and local prosecutors to adhere to as well.
The result is that the decision by voters this week to return Mr. Trump to the White House could lead all or many of the proceedings against him to be postponed or derailed altogether.
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Source: Elections - nytimes.com