What Happens to the Trump Cases in Light of the Election?

History was made on Tuesday when former President Donald Trump was reelected to the Oval Office as a convicted felon that is still waiting for a sentencing. How will all of this play out now that Trump is headed back to the White House?

Here is a look at the ins and outs of this delicate situation.

Trump's Election Puts His Legal Cases in Flux

Never in the history of the nation has a criminal defendant been chosen to serve in the highest office in the land. Nor has a former president ever been criminally charged until it happened to Trump last year.

The president-elect has said several times that he intends to fire special counsel Jack Smith. The move would effectively end the federal cases that Trump has been under investigation for, including attempts to overturn the 2020 presidential election and his mishandling of classified government documents.

Officials in the Department of Justice (DOJ) have signaled that Smith is in discussion with leaders about how to bring these federal cases levied against Trump to a close.

Hush Money Payment Sentencing Still Looming

Meanwhile, Trump is scheduled to appear in a New York courtroom later in November for his sentencing in the hush money payment made to adult-film star Stormy Daniels during the 2016 election cycle. Judge Juan Merchan had previously postponed the sentencing in an effort to not interfere with the presidential election.

Trump denies both the affair with Daniels and the hush money payment. It is now expected that Trump's attorneys will also ask for another delay or outright cancelation of the sentencing.

Trump's legal team is likely to enter a filing arguing that he is entitled to the same constitutional legal protections afforded a sitting president as the president-elect. This would protect him from charges from state prosecutors.

Merchan has his own self-imposed deadline of November 12 to decide if he will release Trump's conviction and dismiss the charges. Should Merchan go this route, Trump will avoid sentencing altogether.

If Merchan determines that he can legally keep the conviction as is, Trump's lawyers will likely ask the judge to delay the sentencing that is currently scheduled for November 26.

However, Trump's legal team would likely appeal the decision to state appellate courts should Merchan decide to push forward with the sentencing. The appeal process could wind up all the way at the Supreme Court, dragging the process out for months. The case could be tied up in the court system for years.

While not likely, Trump could be sentenced to up to four years in prison. Judge Merchan could also decide to impose a lesser sentence, including home confinement or probation. Because this is a state case brought by New York, the president does not have the ability to pardon himself.

Additional Federal Cases in Florida and Washington, D.C.

Trump's victory on Election Day will also significantly change the trajectory of the two federal criminal cases currently being investigated by Smith in Florida and in Washington, D.C.

Although both of these cases were initially brought forth in 2023, Trump's lawyers have been able to continue to push the trials past the election. This was done in order to give Trump the power to fire Smith, a step that Trump has confirmed that he will do.

As such, the DOJ is currently determining the best way to end these two criminal cases. It is being reported that Smith does not want to simply step down and he wants to force Trump to intentionally force him out. Federal law requires that the special counsel submit a confidential report on the work within the DOJ to the attorney general before he steps down.

The Washington, D.C. case involves Trump's efforts to overturn the results of the 2020 presidential election, a race that he lost to President Joe Biden. This particular case was stalled in the court system for months as Trump's team advocated for presidential immunity. This request was held up partially by the U.S. Supreme Court in July after it granted him some immunity from criminal charges.

Smith has also charged Trump in a case in Florida, accusing the president-elect of illegally removing classified documents from the White House and keeping them at his personal residence at a Mar-a-Lago. The charges also allege that Trump resisted the attempts of federal officials to retrieve the materials.

This case was thrown out by Judge Aileen Cannon in July, arguing that U.S. Attorney General Merrick Garland was in violation of the Constitution when he appointed Smith. However, prosecutors have since appealed this ruling, leaving the case in flux.

RICO Case in Georgia

Trump is also facing legal troubles in Georgia in the form of a Racketeer Influenced and Corrupt Organizations Act (RICO) charge. These criminal charges were brought when Trump allegedly tried to overturn the 2020 presidential election results in the state by putting pressure on local officials to turn the tide in his direction.

Prosecutors ran into hiccups when it was discovered that Fulton County District Attorney Fani Willis, a Democrat, was having a romantic relationship with another prosecutor on the case.

The decision on whether Willis can continue on the case or if the affair disqualifies her is not expected until later in 2025. Legal experts believe that it is unlikely that another prosecutor will want to proceed with the case if it is decided that Willis cannot prosecute Trump.

Trump's lawyers would likely ask the case to be dismissed should Willis remain in the role. In this situation, a state-level justice would be hesitant to proceed with the case with the defendant holding the office of the presidency.

Status of Other Civil Suits

In addition to the criminal cases, Trump is also the defendant in several civil lawsuits that will be put in question moving forward. One of the most significant suits is the question of Trump's role in the January 6 insurrection.

Trump also previously lost two defamation cases to E. Jean Carrol after a federal court jury found him guilty for sexually abusing the journalist and then defaming her character. The two juries awarded Carroll separate amounts of $5 million and $83 million in her victory against Trump.

Trump appealed these verdicts in September in New York. The court has not yet made a decision on these appeals.

A New York State appeals court also heard appeals in September regarding a $454 million civil fraud judgement against Trump. In this case, a judge found that Trump and his two adult sons and their company inflated the value of the president-elect's assets in an attempt to secure better loan rates.

There is still no decision in this outstanding appeal. This ruling can only be appealed as high as the highest appellate court in New York.

While it is still unclear about how all of these cases will play out in the coming months, Tuesday's victory puts Trump in a stronger position to fight them and have them dismissed. However, it is also still possible that some of the legal proceedings will continue to drag out well after Trump is sworn into office on January 20, 2025.

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