Prosecution vs. the presidency: Trump cases present looming legal crisis for nation
When he announced the federal indictment of former President Trump for allegedly mishandling classified documents, Justice Department special counsel Jack Smith said there is "one set of laws in this country, and they apply to everyone."
But that isn't necessarily true.
According to many legal and political scholars and the Justice Department itself, there are different rules for sitting U.S. presidents, including that they cannot be criminally prosecuted while in office.
That rule — which is both long-standing and open to debate — is at the center of a staggering legal crisis looming before the nation as the twice-indicted former president seeks a second term.
Trump's precarious legal position as a leading presidential contender has put the federal government's executive and judicial branches on a high-speed collision course, scholars say, and could lead to political and constitutional crises if not averted by voters.
A Trump victory in the November 2024 general election would not be precluded by the pending charges, potential convictions or even Trump's imprisonment. And it would test the nation's separation of powers and the presumed privileges of the presidency like never before.
Trump's reelection could spur court battles over his ability to pardon himself or to direct the Justice Department to dismiss charges against him in any ongoing federal cases, and over his continued vulnerability in ongoing state prosecutions. Those include cases in New York, where he has been indicted, and Georgia, where he is under investigation.
If any of the cases are decided before
