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Trump Could Face Another Conviction Before Inauguration Day: Attorney

Newsweek 2 days ago

Despite the Supreme Court's recent ruling that former presidents have absolute immunity for official acts, legal experts say former president Donald Trump could face another conviction before the upcoming presidential inauguration.

While appearing on MSNBC on Thursday, defense attorney Misty Marris commented on reports that the Department of Justice (DOJ) plans to prosecute Trump before Inauguration Day if he wins the 2024 election.

"We're in uncharted territory, but this is certainly a valid argument that the government is raising, and the prosecutors are raising because the president-elect is not the commander in chief until the inauguration," Marris said. "That's January 20th. And so based on the DOJ rules that apply to a sitting president, there is that technicality that in between election day and Inauguration Day, these cases can maintain and go full speed ahead, even though Inauguration Day is coming up."

Former President Donald Trump gives speech
Former President Donald Trump gives the keynote address at Turning Point Action's "The People's Convention" on June 15, 2024 in Detroit, Michigan. Legal experts said Trump could be convicted again despite the Supreme Court ruling...

Trump is facing four felony charges related to his role in attempting to overturn the 2020 election results. The charges stem from a DOJ investigation by Special Counsel Jack Smith.

Marris explained that the DOJ's strategy could receive some pushback from Trump's legal team.

"You would see the defense side challenging that and making the argument that even though the president-elect is not technically the president of the United States until inaugurated, he does take on some aspects of the presidency during that time frame like security clearances, participates in briefings," Marris said. "And so that's enough to preclude him from being prosecuted during that time frame. Those will be the two arguments that will be set forth."

Legal analyst Terri Austin also mentioned that Trump is facing a sentence in the New York hush money case, where he was convicted on 34 counts.

"Don't forget, we have the New York case, and we could have a sentence before the inauguration date in that case, and I think we will have a sentence before Inauguration Day," Austin said.

Austin said she does not think the Supreme Court's ruling will dismiss the convictions Trump has received so far.

"I think many of those counts, all of the counts will stand, and at some point there will be a sentence that's given, and there's just an adjournment to that to determine which of the evidence will be out. That's going to stand," Austin said.

She also explained how the judge in the classified documents case could seek an expedited trial.

"I think, as far as the D.C. case is concerned, we already know Judge [Tanya] Chutkan, she has really sped this case along," Austin said. "She does not like delay, and I think she's going to have an expedited hearing, which is a mini-trial. You're going to see the prosecution there; Jack Smith, they are going to put in as much evidence as possible. All the cards are on the table here."

Austin also believes Trump could be on trial again before the inauguration.

"I think that that's going to be done quickly, and I think we will be able to get a trial even before inauguration. It will be fast-tracked, but I think that's possible," Austin said.

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