There are four criminal cases now pending in the lawfare against Trump, an extraordinary, unprecedented, and coordinated drive to either stop him from running for president, stop him from being elected president, or stop him from serving as president if elected.
Two of the cases are in the federal court system, and even if Trump were to be convicted, if he becomes president he apparently could pardon himself. But two are in state systems where conviction would be immune to presidential pardon.
Of course, if convicted in any of these cases, a state appeals court could overturn a conviction in the state cases, and/or SCOTUS could do so if it decided to hear either case. SCOTUS also could overturn either of the federal cases, of course. But I don’t think that Democrats are so very upset by the prospect of any conviction being overturned if it happens after an election; the first order of business is to harass and distract Trump while he’s running as well as taint him with voters, and -they hope – keep him from being elected in the first place.
But if Trump doesn’t win an appeal, convictions in either New York or Georgia (the states involved in the state cases) would be subject to pardons only according to the rules of the state itself. New York has a Democrat governor unlikely to ever pardon Trump. Georgia has a Republican governor, but one who is not Trump-friendly – although that latter point is irrelevant because in Georgia the governor cannot issue pardons.
Georgia has a somewhat unusual system that goes like this:
Georgia’s RICO charge carries a mandatory minimum sentence of five years in prison if convicted.
In Georgia, a pardon is an “order of official forgiveness” only granted to those who have completed their sentence, according to the State Board of Pardons and Paroles’ website. …
In Georgia, pardon power does not rest with the governor (aka Gov. Brian Kemp, a Republican) but with the State Board of Pardons and Paroles, a board within the state’s executive branch.
The State Board of Pardons and Paroles is made up of five members who are appointed by the governor and then confirmed by the state Senate for a seven-year term.
“Once confirmed, members would be insulated from political pressures by the fact that no one official could remove them from office until they completed their terms,” the State Board of Pardons and Paroles’ website states.
To qualify for a pardon in Georgia, according to the State Board of Pardons and Paroles’ website, you must have completed your sentence at least five years before applying. You must not have committed any crimes in those five years or have any pending charges, among other qualifications.
The power given to courts to mount political prosecutions is enormous. All that is needed is an unscrupulous politically-motivated prosecutor – there are plenty of those – and a venue in which most of the judges are biased in a certain direction and/or the same is true of the jury pool.
Both the Georgia case and the New York hush money case are considered novel interpretations of existing law. These convoluted prosecutions are being used against a political opponent. The Georgia case is considered at least somewhat stronger than the New York case, although both are weak in the legal sense. But that doesn’t matter if the court is biased enough. In the Georgia case, there’s another element too. From last October:
Texas attorney Sidney Powell pleaded guilty to election interference charges in Fulton County Superior Court on Thursday, one day before jury selection was scheduled to begin for her trial.
As part of the plea deal, Powell was sentenced to six years of probation for conspiring to interfere with the performance of election duties for orchestrating a Coffee County elections system breach following the 2020 presidential election. …
According to the plea agreement, Powell agreed to testify in other election interference trials about the hacking of voting machines and software that occurred in rural south Georgia shortly after the incumbent Republican president lost the state of Georgia by less than 12,000 votes to Democratic President Joe Biden. …
Powell admitted Thursday that she hired forensic computer experts to compromise voting software and other confidential voter information from the Coffee County elections office in early 2021. She also agreed that prosecutors would have proven during trial that Powell, along with several co-conspirators, plotted with Coffee County elections director Misty Hampton to illegally access election machines by tampering with electronic ballot markers, voting software and other equipment.
So Powell is poised to testify in at least some of these cases, although it appears from that article that her testimony may be limited to the hacking of voting machines; I’m unaware of any allegations that Trump was connected to any of that at all. So it’s possible that Powell’s testimony won’t hurt him. But the fact that she was at least briefly connected with his challenge of the 2020 election, and that she pleaded guilty, certainly doesn’t help him. Here’s an article discussing some of the possibilities.