What happens to Donald Trump's court cases after his election win?

Special counsel Jack Smith asks for time to 'assess this unprecedented circumstance' in first convicted felon elected to the presidency

Donald Trump appears in a police booking mugshot released by the Fulton County Sheriff's Office in Atlanta, Georgia. Reuters

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Now that Donald Trump is president-elect, there are questions over what will happen with the criminal cases against him.

Mr Trump has been charged in four separate cases. He was convicted in New York for his involvement in a hush-money payment scheme, and he is facing charges of election interference in Washington and Georgia. He was also charged in Florida with mishandling classified documents. The case was dismissed but that is under appeal.

He is the first convicted felon to be elected to the highest office in the land, and it is unclear what will happen in the months before he officially enters the White House.

At the federal level, special counsel Jack Smith on Friday filed a request with a court to grant time to consider how it will move forward with the two federal cases against president-elect Donald Trump. The next steps remain unknown.

New York: Hush-money scheme conviction

A New York jury found Mr Trump guilty on all 34 counts of falsifying business records to cover up payments made to an adult film star during the 2016 presidential election.

His sentencing date was set for November 26, with Judge Juan Merchan saying he wanted to avoid any appearance of election interference.

The maximum sentence for such crimes is four years in prison, but as Mr Trump is a first-time offender, it is unlikely that he will be sentenced to jail. A fine, probation, home confinement or community service are far more likely options.

Legal analysts told CNN and Politico that the sentencing is likely to be called off as Mr Trump's team could argue the president-elect cannot complete a sentence with the transition of power taking place, and that completing the sentence would not happen until after his presidency ends.

Donald Trump found guilty on 34 counts of falsifying business records

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As president, Mr Trump could have the power to pardon himself at the federal level, but he does not have the ability to erase the conviction altogether as this is a state court conviction.

Presidential pardons only apply to federal cases, and not state cases.

Washington: Election interference

Mr Trump faces charges in a criminal case in Washington in which he is accused of attempting to interfere in the 2020 presidential election.

The case was derailed when the Supreme Court – three of whose justices were appointed by Mr Trump – decided that presidents were immune to prosecution if the charges arise from actions taken while carrying out their official duties.

Now that Mr Trump is poised to return to the White House, the case is unlikely to proceed. The president-elect has said on several occasions that he plans to fire Special Counsel Mr Smith and end the federal cases against him.

Mr Smith was appointed by Attorney General Merrick Garland in 2022 to independently oversee the politically-sensitive federal cases involving Mr Trump.

On November 8, he filed a court request that stated: "The government respectfully requests that the court ... afford the government time to assess this unprecedented circumstance and determine the appropriate course going forward."

He asked the court to vacate upcoming deadlines and briefings in the case, adding that Mr Trump's legal team did not object to the request.

Mr Smith said that his team is determining how to proceed "consistent with Department of Justice policy", in a possible reference to a 2000 department memo that advises against indicting or prosecuting sitting presidents.

US Special Counsel Jack Smith in Washington. Bloomberg

Georgia: Election interference

A grand jury indicted Mr Trump on charges that he attempted to overturn his 2020 electoral loss to Joe Biden in the state of Georgia.

The former president has denied any wrongdoing and maintains he held a “perfect phone call” with Georgia's senior election official in 2021. An audio recording of the call revealed, however, that he asked the official to “find” him enough votes that would overturn Mr Biden's victory in the state.

He and 18 associates were hit with 11 charges, including forgery and racketeering, through a law that is used to target members of organised crime groups.

Mr Trump had his mugshot taken when he surrendered at an Atlanta courthouse in August last year.

A combination picture shows police booking mugshots of former US president Donald Trump and the 18 people indicted with him. Reuters

Like the case in Washington, it is unclear, but unlikely, that the case will go to trial after Mr Trump takes office. The legal proceedings are currently on appeal and in conflict-of-interest challenges, with a hearing in December.

As this is also a state-level case, Mr Trump cannot pardon himself in Georgia.

Florida: Classified documents

Mr Trump was accused of storing hundreds of classified documents in his Florida home and Mar-a-Lago resort after his presidency ended in January 2021. Many of the files were marked “confidential”, “secret” and “top secret”, meaning the materials required the highest level of security clearance to view and handle.

The case, filed in June 2023, became the first time a former US president has been indicted by a federal grand jury.

But in July, Judge Aileen Cannon dismissed the case, stating that it was unconstitutional for the special counsel in the case – also Mr Smith – to oversee legal cases against Mr Trump, and that it also encroached on legislative powers.

Mr Smith appealed the ruling, but, as with the other cases, it is unlikely to move forward.