What happens on Election Day after Jack Smith files

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Special Counsel Jack Smith's damning report detailing former President Donald Trump's efforts to overturn the 2020 election was released Wednesday, leading to a major decision on whether to pursue federal criminal charges against Trump's post-election efforts which can move forward, even if we do not know exactly to what extent. will be decided on Election Day, the ex-president's lawyers will have a busy month, regardless of Trump's civil and criminal cases.

Former President Donald Trump arrives for a news conference at Trump Tower September 6 in New York.

Copyright 2024. Associated Press. All rights reserved. Chronology

October 10 Additional new evidence in Trump's federal election filing could be released on or shortly after October 10, as Trump has until that day to respond to Smith's proposed deletions from the appendix of the new prosecutor's filing that reportedly contains more complete transcripts and other evidence against Trump. This is just an excerpt from the main document, and U.S. District Judge Tanya Chutkan could make the appendix public at any time afterward.

On October 17, Trump will respond to Smith's explosive allegations in the new filing and make a renewed push to dismiss his federal election case, as Chutkan ordered the ex-president to file a new motion to dismiss the charges against him and respond to Smith's brief by that date. the ex-president requested a five-week extension until November 21.

On October 25, Trump's lawyers will explain why the criminal case over Trump's alleged mishandling of White House documents should not be revived, as they face a deadline to file a response to the appeal of Smith asking the 11th Circuit Court of Appeals to overturn a decision by the Trump-appointed U.S. District. Judge Aileen Cannon dismisses the charges.

October 29 If she doesn't grant Trump an extension, time will be running out for Chutkan to rule on whether Trump is immune from federal election charges against him, as the government's response to Trump's motion to dismiss is expected on October 29 and a decision on whether further proceedings are necessary will follow soon after, although the judge is likely unlikely to issue a ruling before Election Day .

Oct. 31 A judge will consider how civil cases seeking to hold Trump accountable for the Jan. 6 attack will move forward, as U.S. District Judge Amit Mehta holds a hearing in cases brought against the ex-president by lawmakers Democrats and Capitol Police. proceed to trial.

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Chutkan released an extensive Smith filing Wednesday laying out prosecutors' case against Trump, after ruling on what should be redacted from the public record. The document uses new evidence to explain why the government's charges against Trump are consistent with the Supreme Court's decision granting the ex-president immunity from charges based on his official actions during his term in office, with prosecutors alleging that all of the conduct at issue was Trump acting as a politician. candidate and simple citizen, rather than president. Chutkan will now have to decide, based on the record, which charges, if any, are consistent with the Supreme Court's ruling and can move forward. The filing includes a number of new allegations regarding the ex-president's post-election efforts, detailing how Trump pushed the fraud claims despite being repeatedly told and apparently knowing they were falsely saying that he had to fight, no matter if. [he] won or lost the elections and that those around him also did not believe his allegations of fraud, but encouraged them anyway. The filing also details Trump's efforts to pressure then-Vice President Mike Pence into refusing to certify the election and his anger at Pence when the vice president refused, prosecutors allege. that when an aide told Trump that Pence needed to be moved to a safe location. During the January 6 attack, Trump's response was: So what?

What happens after election day?

Trump's legal timeline won't slow down after Election Day until the end of the year. In addition to Chutkan's ruling on how the federal election charges are consistent with the immunity ruling and the ongoing appeal in the documents case, Trump will also be sentenced after being found guilty in Manhattan of 34 charges. It is expected to take place on November 26, after New York Judge Juan Merchan pushed the date back until after the election to avoid any appearance of bias. Trump is also awaiting a ruling from a New York appeals court on whether the ruling finding Trump and his associates liable for fraudulently misrepresenting asset values ​​will stand, after appeals judges ruled expressed skepticism about the decision and the fine of more than $450 million imposed on Trump. ordered to pay. It's unclear when exactly that ruling will be made, but it will likely be a few months after the court heard arguments last week.

What we don't know

How will the election affect Trump's cases, since if Trump wins in November, these next few months will likely mark the end of at least some of his criminal proceedings. A future President Trump would likely see federal charges against him dismissed in the election case and the separate criminal case for alleged withholding of White House documents, if the appeals court revives it, which he could do by appointing DOJ officials willing to drop the charges. He would have no power over state charges against him, although they could be stayed until Trump leaves office.

Tangent

Trump's criminal case in Georgia for trying to overturn the 2020 election is expected to have no activity until November as the case remains on hold while an appeals court considers whether the Fulton's Fani Willis should be disqualified due to her romantic relationship with the former. prosecutor Nathan Wade. The appeals court won't hear arguments on the matter until December, meaning the case will remain on hold until at least early next year.

Key context

Trump has faced numerous legal problems in recent years following his presidency, including four criminal cases and numerous civil suits. The ex-president has largely opposed the prosecution of him, pleading not guilty in his criminal cases and generally denouncing the allegations as a witch hunt aimed at harming his political campaign. While the criminal charges against Trump were all brought last year, only the ex-president's Manhattan hush money case has gone to trial so far, with Trump and his lawyers successfully delaying the criminal proceedings in other cases. Trump's federal election case began moving forward again in August after the Supreme Court ruled in July that Trump and ex-presidents could not be criminally charged for official acts while in office, disagreeing with the district and appeals court judges who ruled he was not entitled to immunity. The decision further upended the prosecution of Trump and led to the delay of his conviction in the hush money case, in addition to its impact on the electoral record.

Further readingForbesJudge doesn't care about election as she decides how Trump's Jan. 6 case should move forwardBy Alison DurkeeForbesJack Smith and the DOJ spent more than $35 million suing TrumpBy Alison DurkeeForbesNew claims from Jack Smith: Trump has Hired Giuliani Because He Would Lie About Election Fraud Claims By Alison Durkee Forbes The Biggest New Claims Against Trump In Explosive Jack Smith Dossier By Alison Durkee

Sources 1/ https://Google.com/ 2/ https://www.forbes.com/sites/alisondurkee/2024/10/03/trumps-legal-cases-whats-happening-through-election-day-after-bombshell-jack-smith-report/ The mention sources can contact us to remove/changing this article

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