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AROUND two-thirds of Americans believe Donald Trump's hush money conviction will be overturned or he will avoid jail, according to The U.S. Sun's exclusive survey.

Trump has already successfully delayed his sentencing past election day twice.

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If re-elected, Trump is likely to have his convictions quashed
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If re-elected, Trump is likely to have his convictions quashedCredit: Getty

Americans were asked, "How surprised were you that Donald Trump's sentencing, previously scheduled for July 11, 2024, was postponed."

Exclusive polling conducted by Talker Research shows that of respondents, 29% of respondents were "Not very surprised," while 37% were "Not surprised at all"

In contrast, 16% were "Very surprised" and a similar figure (18%) were "Somewhat surprised" at the postponement of Trump's sentencing.

We also asked Americans how likely or unlikely they thought it was that the former president's felony conviction in New York would be overturned.

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Almost four in ten (39%) said it was "Very likely" the conviction would be overturned, while just under a quarter (24%) said it was "Somewhat unlikely."

In contrast, 6% said it was "Somewhat unlikely" while 8% believed it "Very unlikely" the case would be quashed.

STORMY DANIELS

Trump was previously found guilty in May of 34 felony counts of falsifying business records to influence the 2016 election by hiding an alleged hush money payment to adult star Stormy Daniels.

That seven-week trial focused on a scheme Trump signed off on while president to cover up the payment preventing Daniels from airing a claim she and Trump had sex years earlier.

The $130,000 payment was made days before 2016's election, and Trump was initially due to be sentenced on July 11.

It was postponed until September before being pushed back again until November 26, three weeks after he learns if he has been voted into the White House again.

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Trump faces four separate counts stemming from his conduct following the 2020 election.

ELECTION CASE

The Republican was indicted in August last year in a case brought by special counsel Jack Smith over his attempts to overturn results showing Trump had lost to Joe Biden.

Trump responded by claiming presidential immunity to the Supreme Court, and in July, it was ruled that former presidents are shielded from prosecution for official acts taken while in office.

In August, a federal grand jury returned a superseding indictment narrowing the allegations against him to comply with the high court's new presidential immunity framework.

SENSITIVE DOCUMENTS

Jack Smith is also overseeing a separate prosecution for Trump in a Florida federal court.

He is accused of mishandling sensitive government records after he left the White House in January 2021.

That case was dismissed in July by US District Judge Aileen Cannon, who concluded Smith had been appointed unlawfully.

Smith's office has appealed that decision.

Trump's team has used Judge Cannon's ruling to argue that Smith's election case should also be dismissed.

In an interview last month, Trump said that if elected president, he would fire Smith "within two seconds."

FULTON COUNTY

Trump was one of 19 people charged in a state case in Fulton County, Georgia, in August last year.

The group is accused of trying to illegally thwart Trump's election in the crucial swing state.

Five of the 13 counts against Trump have already been dismissed and the case has been on hold since June.

Fulton County District Attorney Fani Willis has appealed the dismissal of three of the counts and is likely to appeal the others.

But this summer, Georgia's Court of Appeals agreed to consider whether Willis should be removed from the case due to her romantic relationship with former special prosecutor Nathan Wade.

If Trump is reelected on Tuesday but loses his argument to dismiss his legal cases, it could trigger years of court drama.

His attorneys are likely to argue that Trump shouldn't be sentenced until the completion of his second term in January 2029, by which time he would be 83 years old.

If found guilty, his lawyers would be expected to argue that he shouldn't be jailed, due to his age and having no previous convictions.

Under New York law, he would ordinarily be taken into custody immediately upon sentencing, most likely at the city's infamous Rikers Island jail.

That would then raise different issues about the US Secret Service protection Trump would be entitled to as former president.

TOO CLOSE TO CALL

There are now just two days to go until the US election with voters and onlookers eager to see who will come out on top.

Currently, most polls show Trump and Kamala Harris are neck and neck heading into November 5.

There is a difference of just 1 per cent between the two candidates in many polls such as the one currently being reported by .

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Harris has a national polling average of 49 per cent while Trump is close behind at 48 per cent.

With polls as close as this, Americans will likely face a nail-biting wait to see who will be their next leader.

Can Donald Trump still be president if he is convicted before the election?

The U.S. Sun spoke to former prosecutor Neama Rahmani on the question of whether Donald Trump can still serve as president if he is in prison. Here's what she said:

"If Donald Trump is found guilty, even if he's sentenced to prison, which is unlikely in the New York case, he can still be president.

"There's nothing prohibiting a convicted felon from being president of the United States.

"Theoretically, Trump could be in prison and still be president of the United States, earning the Constitution.

"The only requirements are that he be 35 and be born in the United States and not have engaged in an insurrection."

Trump faces separate charges in Fulton County, Georgia, scene of his infamous mugshot
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Trump faces separate charges in Fulton County, Georgia, scene of his infamous mugshotCredit: via REUTERS
Two-thirds of Americans believe Trump's hush money conviction will be overturned
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Two-thirds of Americans believe Trump's hush money conviction will be overturnedCredit: AFP
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