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Cases of the case: Trump’s Legal Cases—Including His Sentencing: What’s Happening Through Election Day As Fraud Case Gets Appeal

Alison Durkee Forbes Staff
Alison is a senior news reporter covering US politics and legal news.

Aug 22, 2024,09:28am EDT

Topline A New York appeals court scheduled former President Donald Trump’s appeal in the civil fraud case against him and his company for late September, as the ex-president faces a busy court schedule in the coming months in his criminal and civil cases—and while he awaits sentencing in one case, several others aren't expected to go to trial until after the election.


Former President Donald Trump appears in the courtroom for the third day of his civil fraud trial at ... [+]Getty Images

Timeline

* August 27

After Trump’s federal criminal case for allegedly withholding White House documents was dismissed, Special Counsel Jack Smith will ask an appeals court to revive it, submitting a brief on why the appeals court should overturn U.S. District Judge Aileen Cannon’s dismissal.

* August 30

Smith and Trump’s lawyers will suggest to federal Judge Tanya Chutkan how they think Trump’s federal case for trying to overturn the 2020 election should play out from here, a deadline that Chutkan extended—with a Supreme Court decision giving Trump some immunity for "official" acts dangling over the fate of the trial.

* September 5

Chutkan will make the final determination on how the federal election case should move forward, holding a status conference with prosecutors and Trump’s lawyers.

* September 6

Trump’s lawyers will try to overturn a civil court verdict finding Trump liable for defaming and sexually abusing writer E. Jean Carroll, as an appeals court hears arguments on Trump’s appeal of the verdict in Carroll’s first trial, in which the ex-president was ordered to pay $5 million.

* September 16

Merchan will decide whether to grant Trump’s request to throw out the verdict against him in the hush money case, because the ex-president argues the Supreme Court’s ruling granting Trump criminal immunity for “official acts” he took in office invalidates some of the evidence prosecutors used at trial.

* September 17

Lawyers for Trump will face off against several Capital Police officers seeking to hold him liable for the January 6 riot in a federal court hearing, as the case moves toward a trial after Judge Amit Mehta ruled Trump doesn't have any civil immunity.

* September 18

Trump is scheduled to be sentenced for the 34 felony counts he was found guilty of at the New York criminal hush money trial—assuming Merchan doesn’t throw out the verdict against the ex-president a few days before—though the ex-president is now trying to have this date pushed back until after the election.

* September 26

Trump’s appeal of the $450 million civil fraud judgment against him and his business associates will be heard in state court, though it’s unlikely a decision would be reached on the appeal before the election.

What To Watch For

If Trump wins in November, these next few months will likely be the end for at least some of his criminal proceedings. Trump is likely to have the federal charges against him dismissed in the election case and the documents case, if the appeals court revives it, which he could do by appointing DOJ officials willing to drop the charges. He would not have any power over state prosecutions against him, though they could be paused until Trump leaves office.

What We Don’t Know

What else will come up between now and November—or get postponed. Merchan still has to rule on Trump’s request to delay his sentencing, which could bump Trump’s sentencing back until after the election. It won’t be clear how Trump’s federal election case play out until the Sept. 5 hearing, but Chutkan is likely to add more filing deadlines and hearings to keep the case moving forward after it had been paused for months—but it is expected to start a lengthy process ensuring the trial won’t start before Election Day.

Tangent

Trump’s criminal case in Georgia for trying to overturn the 2020 election isn’t expected to have any activity between now and November, as the case remains on hold while an appeals court considers whether Fulton County District Attorney Fani Willis should be disqualified over her romantic relationship with former prosecutor Nathan Wade.

How Does The Election Fit Into Trump’s Legal Calendar?

While Election Day isn’t until November 5, Trump’s busy September court calendar will come just before the start of voting season. Ten states mail out ballots more than 45 days before Election Day, according to the National Conference of State Legislatures, which this year will be September 21, and early voting will also get underway in some states in September. That means some voters could see how Trump’s sentencing plays out on September 18—and then vote right after.

Key Background

Much more -- https://www.forbes.com/sites/alisondurkee/2024/08/22/trumps-legal-cases-including-his-sentencing-whats-happening-through-election-day-as-fraud-case-gets-appeal/