What happens to Donald Trump's criminal cases if he wins US presidential elections 2024

The results of the 2024 US election would either be a huge sigh of relief or a massive problem for the Republican presidential candidate, Donald Trump. The former US president’s victory might lead to the dismissal of some of the most serious criminal charges against him, which also include federal cases.

The uncertainty that looms over the verdict in each of these charges — the New York hush money case, the classified documents case, and the election interference cases — has also been affected by the US Supreme Court's July ruling on presidential immunity.

Karen Friedman Agnifilo, former chief of the Manhattan District Attorney's trial division, said, "If he wins, say goodbye to all the criminal cases," ABC News reported. Friedman suggested that a victory for the former US president in the elections would serve as a "get out of jail free card" for him.

New York Hush Money Trial

In what was the first criminal case against a former or current US president, Trump was convicted of falsifying business records to cover up the payment of $130,000 made to adult film actress Stormy Daniels. The money was meant to buy Daniels’ silence before the 2016 race to the White House about a sexual encounter she claimed to have had with Trump a decade ago.

However, the former US president denied the encounter and maintained his stance on the matter, vowing to appeal the verdict.

Notably, the charges of falsifying business records carry a sentence of up to four years in prison, though sentences of probation or fines are much more common. The sentencing in the hush money case — where Trump faces 34 felony counts — is scheduled to take place on November 26, weeks after the November 5 presidential election.

Manhattan Judge Juan M. Merchan granted Trump significant relief in September after he postponed the hush money case sentencing until after the presidential election. Trump's lawyers had requested the delay, citing multiple reasons, including the argument that punishing a former president and current GOP nominee during the peak of an election campaign would amount to election interference.

According to an ABC News report, most experts believed that a prison sentence for Trump in this case was unlikely. Citing a legal expert, the report suggested that if Trump wins the election, Judge Merchan could either impose a lighter sentence or delay the entire sentencing until after Trump completes his term in office.

Trump's Federal Cases

The former US president is facing two federal cases brought by Jack Smith, the special counsel of the Department of Justice. The first involves election interference in the 2020 race to the White House, and the second concerns the mishandling of classified documents.

Supreme Court Ruling

In July this year, the US Supreme Court ruled that Trump was entitled to immunity from criminal prosecution for some of the actions he committed during the final leg of his presidential term.

The top court delivered a historic 6-3 ruling, reversing the outcomes of the 2020 election by rejecting a federal appeals court's February 2024 decision, which had ruled that Trump could not claim immunity from prosecution for crimes related to his official acts.

"Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts," the Supreme Court's ruling read.

Classified Documents Case

Days after this ruling, US District Judge Aileen Cannon dismissed the classified documents case against Trump, citing that Attorney General Merrick Garland's appointment of special counsel Jack Smith was 'unconstitutional'.

Notably, Cannon was appointed to the federal bench in South Florida by Trump in 2020.

In this case, Trump was accused of illegally retaining several classified documents after the completion of his term in the White House and conspiring to obstruct the government's efforts to recover those files. The documents were recovered during a search of the former US president's Mar-a-Lago estate in August 2022.

Following the dismissal of the case, Smith asked the appeals court to reinstate it, arguing that Judge Cannon's decision on the special counsel could "jeopardise the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch," an ABC News report said.

If Trump emerges victorious, prosecutors would be left with no choice but to withdraw their appeal to reinstate the case, Agnifilo was cited as saying.

2020 Election Interference Case

The GOP nominee is facing four federal charges for undermining the 2020 election results, including conspiracy to defraud the US, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights.

In this case as well, Trump pleaded not guilty and insisted that the accusations were a political move.

These charges, brought by special counsel Smith, are currently on hold as Judge Tanya Chutkan determines the course of the case's proceedings in light of the Supreme Court's presidential immunity ruling. Chutkan reportedly set a delayed schedule for the case, which will proceed long after the US election.

Notably, Trump recently said that if elected, he would fire Smith within seconds. "It's so easy. I would fire him within two seconds," he said while speaking with conservative podcast host Hugh Hewitt.

The firing of Smith would likely mean the immediate end of the two cases — overturning Trump's 2020 election defeat and mishandling of classified documents.

The former US president also told Hewitt that he did not believe he would be impeached if he fired Jack Smith.

If Trump wins the election, his vow to fire Smith might not be necessary. This is because the Department of Justice has a long-standing policy of barring the prosecution of a sitting president, meaning that all federal cases against Trump could be halted immediately following his victory in the White House race.

"The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions," the policy on the DOJ's website reads.

Georgia Election Interference Case

In another state case, which falls beyond the DOJ's jurisdiction, Trump faces charges for illegally attempting to overturn the results of the 2020 election in Georgia.

However, the case has been on hold since June, as District Attorney Fani Willis — who brought the case — is fighting attempts to disqualify her after the discovery of her relationship with a prosecutor on her team. Arguments about whether Willis can continue with the case are scheduled to take place on December 6.

Meanwhile, Fulton County Superior Court Judge Scott McAfee, who is overseeing the Georgia election interference case, dropped two charges against the former president, stating that they were beyond the jurisdiction of the state.

Earlier in March, the judge had dismissed six counts of the indictment, a ruling which is also being challenged by prosecutors.

Trump's defence attorney, Steve Stadow, told Judge McAfee last December that if Trump wins the US elections, it is likely that a trial would have to wait until he completes his term in office.

"At this point, Trump has essentially won in all four cases," Paul Butler, a Georgetown Law professor, was cited as saying by *The Financial Times*.

Hearsay over Trump Pardoning Himself

There has been speculation about Trump pardoning himself from the cases if he wins the White House race. So far, no US president has ever pardoned himself. *The Financial Times* reported that Trump had raised the idea during his first presidential term. However, if the Justice Department dismisses the cases against Trump, he would not need to pardon himself.

Read more about US Elections 2024:

• Catch all the newsmakers, detailed explainers and deep analysis of the US. Elections here.

• HT in US: Special Coverage of the American elections by Prashant Jha

US Elections 2024

Due on November 5, the presidential election will determine whether the United States' future lies with the Democrats' Kamala Harris or with the Republican candidate, Donald Trump. The winner will take office on January 20, 2025, holding the White House for the next four years.

Disclaimer: The copyright of this article belongs to the original author. Reposting this article is solely for the purpose of information dissemination and does not constitute any investment advice. If there is any infringement, please contact us immediately. We will make corrections or deletions as necessary. Thank you.