Under Attorney General Bill Barr, the Justice Department has refused to indict President Donald Trump, citing an antiquated "policy" from decades previously. But if Trump loses the election, he's got a slate of lawsuits and prosecutions waiting for him.
The New York Times reported Monday that "in unguarded moments, Mr. Trump has for weeks told advisers that he expects to face intensifying scrutiny from prosecutors if he loses." Those suits include not only the investigations in New York but new probes by the Justice Department without Barr to protect him.
"If Trump loses the election, there may be calls to investigate and prosecute him for possible crimes involving obstruction of justice, violating the emolument clause of the constitution, and/or tax fraud, among others," Samer S. Shehata wrote for The Guardian. "Citizen Trump would face investigation without the luxury of “executive privilege” or the legal chicanery of the attorney general, William Barr, who has acted more like Trump’s personal lawyer than the nation’s top law enforcement official, to protect him. Accordingly, Trump has even more reason to lie, cheat and sow discord in order to retain office, because losing the White House could land him in court or even behind bars."
First, Trump faces a series of defamation lawsuits from sexual assault or sexual harassment accusers. Both Summer Zervos and E. Jean Carroll are suing Trump for lying about his attacks on them. Both women say that they have proof and Caroll is in court asking Trump for a DNA sample to prove it.
Trump is also in a lawsuit with his late brother's daughter, Mary L. Trump, who authored a tell-all book revealing stories about their family and the legal battle over Fred Trump Sr.'s money after he died. Ms. Trump alleges her relatives tried "to siphon funds away from her interests, conceal their grift, and deceive her about the true value of what she had inherited."
In Washington, D.C. the attorney general said that the Trump Organization jacked up prices for the 2017 inauguration, knowing that they would make greater profits off of it.
There's also still an open lawsuit from Trump's security guard attacking protesters in 2015. Protesters allege that the guard shoved them and destroyed their signs. One claim is that the head of security punched at least one person in the head while trying to choke another, said the Washington Post.
The New York attorney general is suing the Trump Organization because they're refusing to comply with her subpoenas for the investigations. She's looking into whether the Trump Org intentionally tried to increase the value of properties to get bigger loans and tax breaks.
Trump's property in Panama is still struggling under legal trouble as well. While Trump already handed over the property in 2018, the new owners, Ithaca Capital Investments, said that Trump so poorly managed the operations that they're seeking $15 million in damages.
Michael Cohen is also suing the Trump Organization, demanding unpaid legal fees from 2017 to 2018 be paid.
There's a lawsuit from people alleging Trump and his children used a multilevel marketing scam to mislead people into selling American Communications Network products. The class-action lawsuit alleges that Trump made people pay $499 to sell the products.
Under the new Justice Department, Trump could be charged with obstruction of justice, outlined in Robert Mueller's investigation of the Russia scandal. There could also be investigations into Trump's coordination with a foreign power in 2016 with a prosecutor who will subpoena Trump's financial records from the many bank accounts he confessed he has around the world. Mueller's investigation didn't do that. Trump bragged in the presidential debate that he has bank accounts in several places, but recent reports confirmed there was at least one Chinese account
Trump also bragged multiple times that not paying taxes makes him "smart." But with a new White House, and tales of audits for over four years, the tax bills could come due.
"Trump received a $72.9m refund from the IRS in 2010 after claiming more than a billion dollars in earlier losses," recalled Shehata in The Guardian. "The massive refund is the subject of an ongoing IRS audit; an adverse outcome could force Trump to return the money, which, with penalties and interest, might total more than $100m."
In tax documents that were turned over to the New York Times, it was revealed he used sketchy rules to pay his daughter Ivanka over $700,000 in "consulting fees" that wouldn't fall under the gift tax. She's already a salaried employee of the Trump Organization.
There's also the matter of the hush money used for adult film star Stormy Daniels, which could involve a campaign finance violation, if the Federal Election's Commission could have a quorum and be able to hold proceedings.
"When past presidents have lost re-election, they often return to their home states to plan presidential libraries, establish philanthropic foundations and give well-compensated corporate speeches," closed Shehata. "Trump’s post-presidency could look very different. This vote is not simply about an incumbent president standing for re-election: it is about two starkly different futures for Donald Trump."