Despite its case falling apart, the Department of Justice plans to continue its criminal case against former President Donald Trump past the election, even if he wins.
Senior law enforcement officials report that there are potential time constraints on charging the former president. The Justice Department’s policy states that it cannot criminally charge a president while in office, meaning that they would have until Inauguration Day to pursue charges, The Washington Post reports.
According to lawyers in the department, the policy does not prohibit them from going forward against a president-elect. However, if Trump is elected, he will have some of the perks of a president, such as high-level briefings and more security.
“The Justice Department isn’t governed by the election calendar. Its prosecution of Trump is based on the law, the facts and the Justice Manual — the department’s bible that lays out the post-Watergate norms that have prevented it from being weaponized,” said Anthony Coley, a former Justice Department spokesman for Attorney General Merrick Garland.
“Until those norms change, or they’re ordered otherwise, I’d expect this Justice Department to be full speed ahead. And they should be.”
Other lawyers, who wished to remain anonymous, also shared Coley’s thoughts.
If Trump wins the election, the DOJ would have until January 20, 2025, to go forward on the two federal cases filed against him.
Steven Cheung, Trump’s spokesman, called the charges against the former president “hoaxes” and that they “are imploding as their collective efforts to interfere in the election have massively backfired.”
The Supreme Court ruled 6 to 3 on Monday that Trump, as well as other past presidents, have broad immunity from being prosecuted for official acts. The ruling was made on the final day of the court’s term.
Legal experts believe that it is extremely unlikely that a trial for Trump’s alleged obstruction of the 2020 results will take place before the election.
Justice Department officials were also doubtful about a trial taking place before November’s election, according to people who are aware of the discussions.
In addition to the 2020 case, Trump is charged with mishandling classified documents after leaving office and obstructing the government from retrieving them. Trump is looking to have this case dropped against him after the DOJ was caught planting evidence at Mar-a-Lago.
The former president is also facing charges in Georgia, where he is accused of a conspiracy to obstruct the 2020 election results by Fulton County District Attorney Fani T. Willis. That case is weakening as well.
If Trump defeats Biden, his legal team may ask the judges presiding over the cases to dismiss the charges, have them dropped completely, to hold off while he is president.
Trump was however found guilty in New York of falsifying business records relating to a hush money payment to Stormy Daniels. Sentencing has been postponed. Trump has asked that the conviction be tossed out due to Tuesday’s Supreme Court immunity ruling.
