Donald Trump’s return to the White House has shielded him from federal prosecution related to his efforts to overturn the 2020 election, but the legal troubles for his allies persist at the state level. Despite his newfound immunity as president, Trump’s Justice Department cannot intervene in state cases, nor can he issue pardons to protect his associates.
State prosecutors in Georgia, Michigan, Arizona, Wisconsin, and Nevada continue to press charges against individuals allegedly involved in efforts to undermine the 2020 election results. The cases center on the "fake electors" scheme, where alternate slates of electors were falsely certified in key battleground states that Trump lost.
Ongoing State Prosecutions
In Georgia, Michigan, Arizona, and Wisconsin, 45 of Trump’s allies are facing charges, with six additional defendants in Nevada expected to be re-indicted soon after a previous case was dismissed on jurisdictional grounds. High-profile figures, such as former White House Chief of Staff Mark Meadows, Trump’s personal attorney Rudy Giuliani, and advisor Boris Epshteyn, are among those charged.
Nevada Attorney General Aaron Ford is steadfast in pursuing charges against the state’s fake electors, stating, “I make decisions based on the rule of law.” While Trump’s federal case was dismissed and Georgia prosecutors seem unlikely to pursue charges against him while he is in office, Trump’s co-defendants remain vulnerable.
Legal Challenges and Delays
The cases against Trump’s allies are fraught with delays and complex legal questions. In Michigan, Attorney General Dana Nessel was the first to bring charges against fake electors, but pretrial hearings have slowed progress. A decision on whether the case will go to trial may not come until 2024 or later.
In Arizona, a trial date is set for 2026, but the case faces uncertainty after the judge overseeing it recused himself, citing concerns about impartiality. In Nevada, Ford is preparing to refile charges in a different jurisdiction to meet procedural requirements after the original case was dismissed.
The Impact of Trump’s Presidency
Trump’s reelection has complicated state-level prosecutions. While federal immunity protects him as president, his co-defendants have no such shield. Legal experts note the unusual nature of a scenario where a sitting president’s actions are tied to charges against others who remain subject to prosecution.
In Georgia, prosecutors may sever Trump’s case from those of his co-defendants to proceed against them. Giuliani and Meadows, key figures in the Georgia case, face heightened scrutiny, with Giuliani potentially becoming a primary target if Trump is removed from the case.
