What happens to Trump's criminal cases if he wins the election? Experts weigh in.

After nan 2024 election adjacent week connected Nov. 5, erstwhile President Donald Trump will beryllium met pinch 1 of 2 fates: a return to nan Oval Office, aliases years of criminal tribunal proceedings, and possibly incarceration, experts say.

Perhaps nary campaigner successful U.S. history has faced specified stark individual stakes connected Election Day.

Trump's 3rd run for president has played retired alongside nan four criminal cases against him — 2 successful halting fits and spurts, 1 toward dismissal and 1 moving comparatively swiftly toward a imaginable conviction. 

Where they spell from present could very good dangle connected whether Trump is elected.

New York "hush money" case

A unanimous assemblage recovered Trump guilty successful May of 34 felony counts of falsifying business records. The seven-week proceedings focused connected a strategy Trump signed disconnected on, while successful agency arsenic president, successful which he and others covered up a costs to an big movie prima to forestall her from airing a declare that she and Trump had a intersexual brushwood years before.

The $130,000 costs was made days earlier nan 2016 statesmanlike election. The consequences are scheduled to beryllium revealed days aft nan 2024 election.

Trump's sentencing, initially scheduled for July 11 and past postponed again successful September, is group for Nov. 26.

Former New York charismatic Bennett Gershman said moreover if Trump wins nan election, "I don't spot immoderate logic successful rule for why nan sentencing would beryllium delayed."

Whether he's president-elect, aliases erstwhile again a defeated candidate, 1 point is comparatively certain, said Gershman, who's a professor astatine Pace University's rule school. Even if Trump loses nan predetermination and is sentenced to clip successful jailhouse aliases prison, it could beryllium years earlier he's incarcerated.

"It's going to return clip for nan entreaty to lavation out," said Gershman. And if Trump wins, entreaty proceedings  aliases nan condemnation itself, would apt beryllium delayed until aft his presidency.

"He'd beryllium a president pinch 34 felony convictions, and possibly he's a felon who's sentenced to 2 aliases 3 years successful jail, and he's moving nan nation," Gershman said. "This is each caller stuff, but it's not retired of imagination onshore anymore."

The typical counsel cases

2020 election

Trump was indicted successful August 2023 successful a lawsuit brought by typical counsel Jack Smith. He was charged pinch 4 counts stemming from his behaviour aft nan 2020 election, arsenic he and others sought to move complete nan results, which showed Trump had mislaid to Joe Biden.

The lawsuit crushed to a halt arsenic Trump brought a declare of statesmanlike immunity to nan Supreme Court, which successful July ruled erstwhile presidents are shielded from prosecution for charismatic acts taken while successful nan White House.

In August, a national expansive assemblage returned a superseding indictment that narrowed nan allegations against him to comply pinch nan precocious court's caller model for statesmanlike immunity.

Handling of delicate documents

Smith is besides overseeing a prosecution successful a Florida national tribunal successful which Trump is accused of mishandling delicate authorities records aft leaving nan White House successful January 2021. That lawsuit was dismissed successful July by U.S. District Judge Aileen Cannon, who said successful a 93-page bid that she concluded Smith had been appointed unlawfully.

Smith's agency appealed that decision, arguing Cannon ruled incorrectly. Trump's squad has seized connected her determination and based on it provides grounds to likewise disregard nan predetermination lawsuit Smith brought.

The arguments from some sides whitethorn beryllium for naught if Trump wins nan election, according to CBS News ineligible expert Rikki Klieman, who said his administration's Justice Department would apt driblet nan cases.

"If Donald Trump becomes President of nan United States, it would logically travel that his lawyer wide and nan caller Department of Justice would disregard nan cases that typical counsel Jack Smith brought," Klieman said.

Trump himself has said if he's elected, Smith will beryllium retired of a job.

"It's truthful easy — I would occurrence him wrong 2 seconds," Trump said during an Oct. 24 power interview.

Fulton County, Georgia, lawsuit connected 2020 election

Trump was among 19 group charged successful a authorities lawsuit successful Georgia successful August 2023, accusing nan group of a racketeering endeavor that sought to illegally thwart Trump's predetermination conclusion successful nan state.

Five of nan 13 counts against Trump person been dismissed, though Fulton County D.A. Fani Willis has appealed nan dismissal of 3 and is apt to entreaty nan others.

The lawsuit has been connected clasp since June, erstwhile nan state's Court of Appeals agreed to see whether Willis should beryllium removed from nan lawsuit for having had a romanticist narration pinch erstwhile typical charismatic Nathan Wade.

If Trump wins, nan Fulton County criminal lawsuit will spell from connected clasp to "a grinding halt," said Emory University rule professor John Acevedo.

"There is that correct that each defendants person to face witnesses, but you can't really person nan president of nan United States sitting successful an Atlanta courtroom," Acevedo said. 

One personification who shares that position is Trump's lead lawyer successful nan Georgia case, Steve Sadow. He said during a December 2023 proceeding successful nan lawsuit that if Trump won, immoderate proceedings would request to beryllium delayed until astatine slightest 2029.

Sadow cited nan Constitution's Supremacy Clause, and based on nan state's prosecution would fundamentally beryllium outranked by nan national government's needs while Trump is successful nan White House.

"I judge that nan supremacy clause and his duties arsenic president of nan United States [mean] this proceedings would not return spot astatine each until aft his word successful office," Sadow said.

In:
• Georgia
• Donald Trump
• Jack Smith