Can Trump go to jail after stepping down from his presidency?

 09 Nov 2020 ( News Bureau )
POSTER

The results of the US presidential election have arrived. Donald Trump has lost the election and the American public has elected Joe Biden as their president.

Donald Trump could not return for his second term of office. But he may have further difficulties after his election defeat.

According to experts, investigations into alleged scandals during his tenure reveal that he may face a difficult financial situation in addition to criminal proceedings after his withdrawal from the presidency.

While on the post of President, a case cannot be prosecuted for official work against him.

"There is a possibility that Donald Trump will be tried for criminal cases," said Bennett Gershman, professor of constitutional law at Pace University, to the BBC Mundo Service.

Professor Bennett Gershman has served as a charger in New York for a decade.

He says, "President Trump may be charged in cases such as bank fraud, tax fraud, money laundering, electoral fraud." Whatever information is coming in the media related to his work is financial.

However, the case is not limited to just that. According to US media reports, Donald Trump may also face huge financial losses. These include large scale private loans and difficulties in their business.

According to the New York Times, Trump has to pay more than $ 300 million over the next four years. At a time when their private investments are not in a very good position.

It may be that the creditors show very little leniency regarding the payment of debt if Trump is not President.

Critics of Donald Trump say that his presidency has become his shield in his legal and financial problems. If all this does not happen then their difficult days may come.

President Trump has been claiming that he has fallen prey to the intrigues of his enemies. He has been falsely accused that he has committed crimes before becoming President and even while in office.

Trump has categorically denied the allegations against him.

He also states that he was successfully acquitted by the Justice Department's investigation into allegations of scams on his administration and impeachment conducted on him earlier this year.

However, all these investigations and procedures took place during the protection the president received from the indictment. The Department of Justice has been repeatedly saying that criminal prosecution cannot be held against the President while in office.

Experts told BBC Mundo that these investigations could be made the basis of legal action against Donald Trump.

"We already know that he may be accused of voter fraud because Trump is described by the US Attorney for Manhattan as an accomplice with Michael Cohen," says Bennett Gershman.

The expert also reminds of the investigation against Donald Trump's former lawyer Michael Cohen.

In 2018, Michael Cohen was convicted of electoral malpractices. She was accused of paying money in the 2016 elections to porn actress Storma Daniels, who claimed to have an affair with Donald Trump.

During Michael Cohen's investigation, it was officially reported that a presidential candidate (for which the term "Individual 1" was used) was allegedly associated with criminal activity.

The US media had associated this candidate with Donald Trump. This news was widespread in the American media.

Muller report

Bennett Gershman says he could also face charges of obstructing justice in view of the results of the alleged Müller report.

In 2019, Special Counsel Robert Müller submitted an inquiry report regarding Russia's interference in the 2016 presidential elections.

In that report, Trump was given a clean chit and it was told that there was no strong evidence of any collusion between Trump's propaganda team and Russia.

However, the report did say that Donald Trump made efforts to obstruct the investigation. Trump had also made efforts to remove Muller from his post.

Müller had said at the time that the US Parliament should decide whether to impeach Donald Trump for obstructing justice because the president could not be prosecuted by normal means of justice.

However, then Parliament did not impeach Trump, but months later a impeachment case was conducted against him in a separate case.

Trump was accused of pressurizing Ukraine's President, Volodymyr Zalenski, to launch an investigation on his political rival, Joe Biden. However, Trump has consistently denied this.

He was prosecuted in the House of Representatives with a majority of Democrats in December 2019, but in February 2020, the Republicans majority Senate freed him from crime.

Donald Trump is the third US president to face impeachment.

Local and federal charges

As President, Donald Trump can pardon himself for violating federal law. However, such a situation has never happened in the history of America.

However, it has been seen that there is a possibility of criminal cases going on after the President is removed but the next President forgives him.

This happened in 1974 when former US President Richard Nixon resigned after the Watergate scandal.

Gerald Ford, then Vice President in his government, became President and gave him a full pardon.

"There is little chance of federal accusations of Donald Trump because he may have pardoned himself," says Norman Ornstein, an expert at the American Enterprise Institute, a conservative political research center.

But, in the event of losing the election, he will not be able to forgive himself.

In such a situation, experts say that it is possible that Donald Trump may resign before the completion of his term on January 20, 2021 and make the current Vice President Mike Pence as President. Mike Pence can then pardon him for federal crimes.

Bennett Gershman points out that there is speculation in the US media that Donald Trump may have to face criminal charges in addition to federal charges.

He is accused of fudging real estate business before becoming president. Local-level cases cannot be pardoned like federal cases.

Experts also say that the administration does not necessarily take any action against Donald Trump even if there is evidence. This can be a political decision.

In the case of the Watergate scandal, the government also decided that prosecuting Richard Nixon would lead to the Watergate scandal. This is not the case, so he was forgiven.

In this regard, Joe Biden said in an interview on August 6, 2020, that if he becomes president, he will neither oppose nor promote criminal proceedings against Donald Trump. He will leave this decision entirely to the Department of Justice.

Bennett Gershman explains that it can take months to years for the trial to begin due to previous litigation.

Experts say that if Donald Trump is found guilty on the charges against him, he could be sentenced to years in prison.

Norman Ornstein feels New York prosecutor will continue his investigation against Donald Trump. At this time, Trump's position is weak and he knows this.

 

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