What happens to Donald Trump’s criminal case if he wins the election – or loses?
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What happens to Donald Trump’s criminal case if he wins the election – or loses?

Former President Donald Trump has a huge personal stake in the upcoming election, which could either send him back to the White House — or to a courtroom for what could be years of legal proceedings under the looming threat of jail time.

No other presidential candidate in history has faced the possibility of such a drastically different outcome, where Trump’s legacy, personal fortune and individual liberty could be decided by a few thousand swing state voters.

If he returns to the White House, Trump has vowed to fire Jack Smith, the special counsel who has brought two federal cases against him, “within two seconds”; he has said he would punish the prosecutors and judges overseeing his case; and he is likely to avoid serious consequences for any of the criminal charges he continues to face.

“If he wins, say goodbye to all criminal cases,” said Karen Friedman Agnifilo, who previously served as head of the Manhattan district attorney’s trial division.

“The criminal cases are over, whether legally or practically,” added Friedman Agnifilo, who said a Trump victory would be a “get out of jail free card” for the former president.

If he loses the election, Trump faces years of court proceedings, hundreds of millions in civil penalties and the possibility of prison time, beginning with the Nov. 26 sentencing of his criminal case in New York.

Here’s what could happen in each of Trump’s criminal cases.

New York hush money case

Trump’s most pressing legal issue since the election is his Nov. 26 conviction on 34 felony counts of falsifying business records to conceal a 2016 cash payment to adult film actress Stormy Daniels.

Defense lawyers were able to successfully delay the verdict twice — first by asking to have the case dismissed based on presidential immunity and the second time by highlighting the political stakes of a pre-election verdict. New York Judge Juan Merchan described Trump’s case as one that “stands alone, in a unique place in the history of this nation” and chose to postpone sentencing until November to ensure that the jury’s verdict would be “respected and treated in a manner that is not diluted out of the enormity of the upcoming presidential election.”

While first-time offenders convicted of falsifying business records typically avoid prison, legal experts told ABC News that the unique factors in Trump’s case — including being held in criminal contempt 10 times and the discovery that he falsified business records to influence an election — could force Judge Merchan to impose prison terms. When ABC News surveyed 14 legal experts about Trump’s sentencing in June, five thought a prison sentence was likely, two described the decision as a toss-up, and seven thought a prison sentence was unlikely.

The ruling could still go ahead in November if Trump wins the election, although the new circumstances could affect Judge Merchan’s decision, according to Boston College law professor Jeffrey Cohen. Merchan can choose to impose a lighter sentence — such as one day of probation — or choose to delay the sentence until Trump leaves office.

“A sitting president would not be forced to incarcerate while serving their presidency, and so he could theoretically serve it once he’s out of office,” said Cohen, who noted that a delayed sentence could motivate Trump to stay in office. as long as possible.

“If he wins, I think realistically, there will be no meaningful verdict because of it,” Friedman Agnifilo said.

Trump’s lawyers may also seek to delay the ruling in light of the election results, and the former president still has several outstanding legal efforts to delay the case. On Nov. 12, Judge Merchan plans to issue a ruling on Trump’s motion to throw out the case because of the Supreme Court’s recent ruling granting him immunity from prosecution for official acts performed as president — and if Merchan denies that motion, Trump could try to immediately appeal it to try to further delay the ruling.

Trump has also asked the US Court of Appeals for the Second Circuit to move the state case to federal court, which his lawyers can use to get a delay in the ruling. Unlike his federal cases — for which Trump could theoretically pardon himself — the state case will likely remain outside the reach of a presidential pardon, even if Trump successfully removes the case to federal court, according to Cohen.

Cases of meddling in federal elections

In the shadow of the presidential race, U.S. District Judge Tanya Chutkan has been considering how Trump’s federal election tampering case should proceed in light of the Supreme Court’s immunity ruling, which delayed the case for nearly a year. Fifteen months after Trump pleaded not guilty to charges of carrying out a “criminal scheme” to overturn the results of the 2020 election, Judge Chutkan has set a timetable for the case that extends beyond the election, with key filing deadlines until the end of December 19.

Trump has vowed to fire Smith if re-elected, but that may not be necessary because a longstanding DOJ policy bars prosecution of a sitting president — meaning the federal cases against Trump could be stopped immediately if Trump takes office.

Although Smith could try to pursue his prosecution in the two months between the election and the inauguration, there is little he could do to revive the case, according to Pace University law professor Bennett Gershman.

“They can continue to do what they’re doing, but it won’t matter if Trump can ultimately appoint an attorney general who will then make a motion to dismiss the charges,” Gershman said.

While his federal case will inevitably disappear if Trump wins, the exact way that will happen is uncertain. Smith could seek to issue a final report on his findings, Trump could face a fight with Congress or the acting attorney general over firing Smith, or Judge Chutkan could push back against the Justice Department’s possible move to dismiss the charges.

If Trump loses the election, Judge Chutkan is expected to continue to rule on whether any of the charges in the case are protected by presidential immunity. Her final decision is likely to be appealed and could return to the Supreme Court, likely delaying a trial for at least another year, according to experts.

Federal classified documents case

After U.S. District Judge Aileen Cannon dismissed Trump’s criminal case for withholding classified documents and obstructing government efforts to retrieve them, Smith asked an appeals court to reinstate the case, arguing that Cannon’s decision to appoint and fund special counsel could “jeopardize the long-standing the operation of the Justice Department and is questioning hundreds of appointments throughout the executive branch.”

If Trump wins the election, prosecutors will likely have no choice but to withdraw their appeal, according to Friedman Agnifilo, cementing Judge Cannon’s dismissal of the case.

If Trump loses the election, the case faces a long road before reaching a trial. Prosecutors must successfully convince the Atlanta-based 11th US Circuit Court of Appeals to overturn Cannon’s firing, and Trump’s team has already raised a defense based on presidential immunity, which could be the basis for a future appeal.

Facing a string of negative rulings, Smith would also face a crucial decision on whether to ask Judge Cannon to recuse himself from the case, according to Cohen.

“I’m not sure what their reasons are now, other than ‘We don’t really like what she’s decided,'” said Cohen, who was skeptical of the government’s reasons for rejection based on the trial record alone.

In a separate case overseen by Judge Cannon, defense attorneys for Ryan Routh — the man accused of trying to kill Trump on his Florida golf course in September — have sought to recuse Cannon, citing in part ABC News reporting that a staff list circulated through Trump’s transition operation included Cannon’s name among potential candidates for attorney general should Trump be re-elected. Cannon on Tuesday rejected that motion, describing the argument for a potential appointment as “”rumors” and “recordings.”

“We had a brave, brilliant judge in Florida. She’s a brilliant judge, by the way. I don’t know her. I never talked to her. Never talked to her. But we had a brave and very brilliant judge,” Trump said of Cannon last week.

The case of election interference in Fulton County

Trump’s criminal case in Fulton County, Georgia, related to his attempt to overturn the 2020 election results in that state, has been stalled since June while an appeals court considers the former president’s challenge to Judge Scott McAfee’s decision not to disqualify District Attorney Fani Willis for what McAfee called a “significant appearance of impropriety” stemming from a romantic relationship between Willis and a prosecutor on her staff. A Georgia appeals court scheduled oral arguments on whether Willis can continue his case on Dec. 6.

Asked about the future of the case if Trump wins the election, Trump’s defense attorney Steve Sadow told Judge McAfee last December that a trial would likely have to wait until after Trump finishes his term.

Since August 2023, when Trump was indicted in Fulton County on 13 felony counts, Judge McAfee has struck out the indictment by tossing out five of the charges Trump was originally indicted on.

If he loses the election, Trump could try to stop the case by continuing to push to have Willis disqualified or by establishing a defense of presidential immunity.

“The indictment in this case charges President Trump with acts that lie at the heart of his official responsibilities as president,” Trump’s lawyers wrote in a January motion.

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