If Donald Trump wins the 2024 U.S. presidential election, it could have significant consequences for the criminal charges he faces in multiple cases. His victory may lead to the dismissal or delay of serious charges, including federal cases, due to existing legal precedents and DOJ policies regarding sitting presidents.

Key Cases and Potential Outcomes

1. New York Hush Money Trial
Trump was convicted on 34 counts of falsifying business records related to payments to adult film actress Stormy Daniels during the 2016 campaign. While the charges carry potential prison time, experts believe a prison sentence is unlikely, especially if he wins the presidency. In September, Judge Juan M. Merchan postponed sentencing until after the election, partially due to concerns over election interference.

2. Federal Cases by Special Counsel Jack Smith
Trump faces two federal cases led by DOJ Special Counsel Jack Smith: one on election interference in 2020 and another on mishandling classified documents. A July Supreme Court ruling granted some immunity for actions within presidential authority, complicating the federal charges. Recently, U.S. District Judge Aileen Cannon dismissed the classified documents case on the grounds that Jack Smith’s appointment was “unconstitutional.” Although Smith has appealed, if Trump wins, the DOJ may withdraw the appeal, halting the case.

3. 2020 Election Interference Case
Trump faces four charges related to attempting to overturn the 2020 election, including conspiracy and obstruction. Special Counsel Smith brought the charges, which are currently delayed as Judge Tanya Chutkan reviews them in light of the Supreme Court’s immunity ruling. Trump has stated he would fire Smith if elected, which would likely end these federal cases.

4. Georgia Election Interference Case
Trump is also charged in Georgia with attempting to overturn the 2020 election. This state case falls outside DOJ jurisdiction, and any delay would require Georgia court decisions. Due to complications involving District Attorney Fani Willis, the case has been on hold, with further hearings set for December. If Trump wins, his defense argues that the trial might be postponed until after his term ends.

DOJ Policy and Presidential Immunity

The DOJ has a longstanding policy against prosecuting a sitting president, meaning that all federal cases could be paused if Trump returns to office. This policy aims to protect the executive branch’s functions, effectively shielding a sitting president from criminal charges during their term.

Self-Pardon Speculation

There has been speculation over whether Trump could pardon himself if elected. While no U.S. president has done so, Trump had reportedly considered it in his first term. However, if the DOJ dismisses or pauses the federal cases, a self-pardon may be unnecessary.

2024 U.S. Election

The outcome of the November 5 election between Democrat Kamala Harris and Republican Donald Trump will determine the future path of these legal challenges. If Trump wins, his presidency will begin on January 20, 2025, potentially reshaping the trajectory of these cases.