A legal debate looms as Donald Trump prepares to enter the White House with multiple criminal cases pending against him, sparking questions about whether a sitting U.S. president can face prosecution.
Despite dozens of charges spanning four major cases, Trump’s new role could shield him from legal action while he holds office, say experts. If he assumes the presidency in January, longstanding legal principles and procedural delays may prevent active prosecution, potentially allowing him to serve without facing trial.
Among the cases is a New York conviction on 34 counts of falsifying business records related to a hush-money payment made to an adult film star.
Sentencing, initially set for September, was delayed to November 26, post-election. While Judge Juan Merchan could proceed with sentencing, former Brooklyn prosecutor Julie Rendelman explained that Trump’s team would likely appeal any jail sentence, arguing that it would disrupt his presidential duties. “The appellate process in that scenario could go on for years,” Rendelman noted.
Trump is also battling charges from Special Counsel Jack Smith over his alleged efforts to overturn the 2020 election. Although the Supreme Court granted Trump partial immunity for actions taken while in office, Smith refiled the case, asserting that Trump’s post-election conduct fell outside his official duties.
Now, according to former federal prosecutor Neama Rahmani, this case would likely be dismissed if Trump becomes president, as prosecuting a sitting president remains legally contentious. “It’s well established that a sitting president can’t be prosecuted,” Rahmani said. Trump himself indicated plans to remove Smith if elected, saying in October, “I would fire him within two seconds.”
Smith is additionally pursuing charges against Trump over alleged mishandling of classified documents. These charges were dismissed by Judge Aileen Cannon, who cited issues with Smith’s appointment. While Smith appealed, Rahmani suggested that this case too would be dropped once Trump is in office, stating, “The DOJ will abandon its Eleventh Circuit appeal of the dismissal of the classified documents case.”
In Georgia, Trump faces charges over efforts to influence the 2020 election results in the state. Legal challenges are ongoing, including efforts to disqualify District Attorney Fani Willis. Trump’s attorney, Steve Sadow, argues that a trial would need to be delayed until after Trump’s term, citing “duties as president of the United States.”
As Trump readies to assume the presidency, experts suggest these legal cases are likely to stall or be dismissed, posing the question of whether the U.S. can prosecute a sitting president.
