NEW YORK - If former president Donald Trump won the presidency even as criminal charges against him still loomed, a series of extraordinary complications would ensue.indictment on federal charges stemming from his attempts to remain in power after his 2020 election loss
If a federal case were pending on Inauguration Day, Trump could simply use his power as president to force the Justice Department to drop the matter, as he has suggested he might do. The most Trump could probably do is try to delay a trial over any state charges that may be pending. In the past, the Justice Department has taken the position that criminal legal proceedings against a president while he is in office would be unconstitutional because it would interfere with his ability to perform his duties.
If Trump were convicted in one or more cases, he would almost certainly pursue appeals, delaying any sentencing and all but ensuring he is not incarcerated by Inauguration Day. The question would then arise of what would happen if he took office for a second term. But the opinion did not explain what transformed that principle into an unwritten limit on the power the Constitution bestows on presidents. Legal experts have disagreed on that question, but no president has ever claimed he was pardoning himself, so it has never been tested in court.In such a scenario, Trump is almost certain to use his control of the Justice Department to ensure that it sides with him on whether a self-pardon is legitimate.
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