But the polls show that Democratic rival John Biden is ahead in the race, and his stakes are much higher if Trump loses the election. The raft of legal issues, including criminal investigations by New York lawyers, will come to mind in the weeks following Election Day.
Harry Sandick, a former federal attorney for the U.S. Attorney’s Office in Manhattan, said, “In every case, his release makes it easier for plaintiffs and prosecutors in civil cases to prosecute him. “For example, it is claiming more protection than the subpoena in criminal cases and in cases of congressional subpoena,” he said. [and that] Much of it is based on the fact that he is president. ”
Some have suggested a formal formal device for investigation after Trump’s resignation. Democrat of California, Rip. Eric Swallow has begun forming the “Presidential Crime Commission”, which is made up of independent prosecutors who can investigate “those who enable a corrupt president,” as he put it in an August tweet. “Example 1: Subbotting mail to win an election.”
During that probe, Trump challenged his accounting firm for eight years of tax returns and financial records. Five courts have ruled that the subpo ruled is valid and Trump suffered a recent setback last week when the Federal Court of Appeals ruled in his appeal that the grand jury was not issued in excess of the subpoena or in bad faith. On Tuesday, Trump’s lawyers asked the Supreme Court to suspend subpoena execution to give it time to appeal to the court. Trump had already lost an appeal to the Supreme Court in July, when he ruled that the president was not free from the state’s grand jury subpoena.
New York prosecutors say tax records, work papers and documents surrounding business transactions are crucial to their investigation, which has been going on for more than a year.
There are legal questions as to whether a state attorney can file an indictment against a sitting president.
“He’s powerful right now. He knows he can’t blame him right now so he’s encouraged to make a case and get ready. I think what happens if he loses and leaves office or things move too fast.” Is “. Jennifer Rogers, CNN legal analyst and former federal lawyer.
Playing fast and loose with the value of the company’s assets
New York’s attorney general is also moving forward with a separate civil investigation into the Trump organization and whether in an effort to secure loans and gain economic and tax benefits, he has in some cases inflated the value of certain assets and reduced them in others.
Investigators are investigating tax cuts at the Trump Seven Springs property in Bedford, New York, and the Trump National Golf Club in Los Angeles. They are also investigating the valuation of the Trump office fee tower on Street Street and the waiver of more than $ 100 million in loans to the Trump International Hotel and Tower in Chicago.
Lawyers for the Trump organization said in court documents that they believe New York Attorney General Letia James is politically motivated, and they initially tried to force Eric Trump’s testimony until after election day, but a judge denied the request. State attorneys, who have said they are not coordinating with any criminal law enforcement agency, said their investigation is of a civil nature. But they can make a criminal referral if they believe there is enough evidence.
“With big-time executives, when they make these multiple or multi-million dollar deals, they are always consulted by lawyers and accountants,” said Dan Alonso, a former prosecutor with the Manhattan District Attorney’s Office. “There are so many levels between the mess from tax treatment and criminal liability from the president, it’s a big leap.”
Open the floodgates in lawsuits
If Trump is not re-elected, he will lose the respect the courts have for sitting presidents, opening the floodgates for many lawsuits.
Attorneys from Washington, D.C., and the state of Maryland sued the president in 2017, alleging that he had corrupted the position of American citizens by putting his own economic interests above theirs.
State investigators produced more than 30 subpenes, including those related to the Trump organization and others related to Trump businesses. Trump claimed to have obstructed the lawsuit, alleging that he had violated the Constitution’s devotion clause by spending hundreds of thousands of dollars on his assets by foreign governments and others. Trump has appealed the ruling to the Supreme Court, which has not decided to hear the case. There are also pending claims of other emulsions brought by hotel and restaurant operators in New York.
In August, a state court judge rejected Trump’s attempt to delay a defamation lawsuit, after which the president deployed the Justice Department to try to file a lawsuit for nearly a year. The Justice Department has asked a federal judge to replace Trump in a defamation lawsuit filed by Carol, a one-time advisory columnist for Elle Magazine, who accused the president of raping her in a department store dressing room in the mid-1990s. Trump has denied the allegations.
If allowed, this could effectively kill the legal proceedings, which have been prosecuted by the courts since last November, as the Department of Justice cannot be sued for defamation. A judge has scheduled a hearing in the case on Wednesday. Carroll has indicated she wants to oust the president under oath and compare a sample of male genetic material she says she alleged she wore on the day of the alleged rape.
Other lawsuits have been filed against Trump for being president.
After a New York State Court judge rejected Trump’s attempt to dismiss Zarvos’ claim, the president appealed the ruling, arguing that the Constitution’s supremacy clause would bar state courts from hearing proceedings against the presiding president. The Xerovos case is now awaiting a ruling by the State Court of Appeals in New York on the question of whether state courts have jurisdiction over the White House.
In these civil cases, where in some cases Trump has tried to avoid giving DNA evidence or confirmation, Sandick said Trump would lose the ability to argue if he would give hateful defense if he walked out of the Oval Office fee. “If he’s not president, he’s all gone.”
Less influence over potential witnesses
Proponents of her case have been working to make the actual transcript of this statement available online. Proponents of her case have been working to make the actual transcript of this statement available online.
“They would be afraid to talk about someone who is no longer president.” He added that cases involving false statements on banks or allegations of tax evasion would be heavily documented, which could help in the investigation once a subpo is filed for tax return.
Of course, if Trump is re-elected, it is likely he will be able to enforce the law of limitations, which is five to six years for some offenses in New York State law; Proceed with this lawsuit for another four years; Or just continue to enjoy the office fees of the Department of Justice for legal advisory opinion that says the sitting president cannot be convicted.
Legal Adviser Memo’s Office Fees has already insulated Trump to make possible charges in two cases: a special counsel investigation led by Robert Mueller, which found evidence that Trump obstructed justice, but he did not make the allegations, and a U.S. attorney’s investigation Office fees for the Southern District, which called its former lawyer Michael Cohen “personal 1” for campaign financial crimes to facilitate hush-money payments to the two women accused in the case with Trump. Trump has denied the allegations. Cohen pleaded guilty and said under oath that Trump had instructed him to break the law. Cohen was well-paid in 2017 for those payments from the Trump organization, which could extend the limitation law on that crime until 2022. Some lawyers have speculated that it is likely that Trump will try to pardon federal crimes before leaving office.
The decision on whether to revive that investigation will rest with law enforcement officials led by the Biden administration and the Justice Department and the U.S. Attorney’s Office in Manhattan.
In a testimony before Congress, Mueller was charged with Republican rep. Asked by Ken Buck, “Can you file a crime after the president leaves office?”
“Yes,” Mueller replied.
“Do you think he’s committed – you can charge the President of the United States with obstruction of justice after he leaves office?” Buck asked.
Mueller replied: “Yes.”