Trump becomes his own judge and jury. What will happen to his criminal cases now?

With Donald Trump’s victory in the 2024 presidential election, a shift looms over the high-profile criminal cases against him. Going back to the Oval Office gives Trump presidential privilege, and he was probably immune from prosecution whilst in office and exposed to the most severe legal consequences ever faced by any former president.

Over the past year, Trump has faced four major cases across both federal and state courts, but his newly won position could render many of these charges inactive or delayed until he leaves office.

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In May, a New York jury convicted Trump of 34 felony counts for falsifying business records to conceal a $130,000 payment to pornstar Stormy Daniels before the 2016 election. The payment was allegedly part of a scheme to influence the election by keeping tabloid stories under wraps.

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The sentencing has been pushed until after the election, and Trump is now an elected POTUS. This standard, established in July, grants former presidents immunity from criminal charges related to official conduct while in office. The judge is expected to rule on Trump's immunity argument by 12 November.

Boston College law professor Jeffrey Cohen cited, “A sitting president wouldn’t be forced to be incarcerated while they’re serving their presidency,” which could push any sentencing to a future term.

Trump’s presidential power over the Justice Department

Trump’s federal cases, including allegations of mishandling classified documents and his involvement in efforts to overturn the 2020 election, stand the greatest chance of being dismissed or indefinitely delayed. As president, Trump has the authority to halt federal prosecutions, a power that could potentially allow him to withdraw the cases brought by Special Counsel Jack Smith, including those regarding the retention of classified information at Mar-a-Lago and accusations related to obstructing government efforts to retrieve these documents.

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Trump's ‘get out of jail free card’

The Supreme Court has yet to rule on presidential immunity in such cases, but the DOJ’s own longstanding policy states that indicting a sitting president would “undermine the capacity of the executive branch to perform its constitutionally assigned functions.” This means the case is likely to face severe delays.

In Georgia, Trump has been accused of trying to pressure the state to arrive at a different result in the 2020 presidential elections. The presiding over the case is the Fulton County Superior Court Judge Scott McAfee, who has thrown out two charges occasioning lack of jurisdiction. This case has also suffered some setbacks anytime the District Attorney Fani Willis has sought to recuse herself from the case due to existing professional relationships with an attorney from outside the state.

The federal election interference charges—might also be perpetually at risk of indefinite delay. The Justice Department is actually under the policy that one cannot prosecute a sitting president, meaning that any direct action will stop as soon as Trump is out of office.

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It remains questions, however, whether Trump will be able to self-pardon himself for federal offenses—something no American president has tried before. Still, it is legally unproven, and can raise political and judicial concerns; during his first term, Trump entertained the idea, according to the sources. However, if his newly reinstated DOJ decides to outright dismiss federal cases, the concept of self-pardon may no longer be needed.

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