What happens now that he has won?

Topline

Former President Donald Trump's expected victory will clear him of criminal charges, at least at the federal level, as his ascension to the White House makes it all but certain that the two pending federal criminal cases against him will be dropped – but he will likely only be able to to delay his two cases in state court.

Former President Donald Trump speaks during a campaign rally on September 25 in Mint Hill, North Carolina

Important facts

Trump has four criminal cases pending against him, including federal charges for attempting to overturn the 2020 election and allegedly withholding White House documents, a conviction in New York state court for falsifying business records, and state charges in Georgia for attempting to do so to overturn the 2020 election.

Case of the federal election: Trump's federal charges of trying to overturn the 2020 election, which have not yet gone to trial, will almost certainly be dropped once he takes office in January, as Trump has promised to hire special counsel Jack Smith – who is leading the investigation – “within two seconds” and can appoint Justice Department officials to drop the charges against him.

Case Federal Documents: While Smith is currently trying to appeal Trump's document allegations after Trump-appointed U.S. District Judge Aileen Cannon rejected them, Trump's election ensures that the government will drop that appeal when he takes office and the charges will disappear.

New York belief: Trump cannot pardon himself or have the proceedings dismissed for the 34 felonies he has already been convicted of in New York – since as president he will have no control over the state's prosecution – but his election will most likely change his now-scheduled sentencing delay for November 26th or at least ensure that he does not have to serve any sentence until he leaves office.

Georgia election case: Trump's Georgia case is already on hold while an appeals court decides whether to bar Fulton County District Attorney Fani Willis from the case. But even if Willis remains in office, Trump's lawyers will almost certainly try to delay the trial until after Trump leaves office, meaning Willis would not be able to prosecute him until 2029.

What you should pay attention to

Judge Juan Merchan, who is presiding over Trump's case in New York, is scheduled to decide on November 12 whether the charges against Trump will stand, as the ex-president has asked him to dismiss the charges based on the Supreme Court's ruling that former president has some immunity from criminal charges. This ruling will provide a first indication of how Trump's criminal conviction in New York could play out from here after Trump's election.

What about Trump's civil lawsuits and legal fees?

In addition to the four criminal cases against him, Trump has a number of civil cases pending against him, including appeals of writer E. Jean Carroll's two libel cases against him and the civil fraud case against Trump and his company. These cases resulted in multimillion-dollar court judgments against Trump, who was ordered to pay more than $90 million, including interest, in the two Carroll cases and more than $478 million, including interest, in the fraud case . These cases and fees are not affected by his election because, although presidents cannot be held liable for actions they take while in office, the Supreme Court ruled in Clinton v. Jones that presidents can be sued in civil court for actions that they have taken in the past. You were president. The appeals courts heard oral arguments in the fraud case and one of the Carroll cases in September. Verdicts are expected in the next few months.

Can Trump fire Jack Smith?

Although Trump has vowed to fire Smith immediately when he takes office, that is technically not his responsibility, as only the attorney general can hire and fire special prosecutors — who, in turn, are intended to be third parties who can ensure a more independent investigation. That being said, Trump is certain to appoint an attorney general who would be willing to do his bidding on the matter and fire Smith. It's also unclear what consequences Trump might have if he forgoes legal action and tries to get rid of Smith himself, since the Supreme Court has given him wide latitude to pursue criminal and civil challenges based on his actions in office avoid.

Important background

Trump is the first sitting or former president to be charged with crimes. The ex-president's likely ability to avoid most of his criminal charges is because Trump and his lawyers have successfully delayed proceedings against him for months and indefinitely postponed trials in his federal cases, originally scheduled for last spring . Trump's federal election trial was postponed while the former president appealed his claims of presidential immunity all the way to the Supreme Court. He also filed a flurry of motions in his federal records case that allowed Cannon to delay proceedings before she ultimately dismissed the charges. While Trump's case went to trial in New York, his lawyers successfully delayed the announcement of his verdict, which was originally scheduled to take place in July. In September, Merchan agreed to delay sentencing until after the election, saying he wanted to avoid any impression that his sentence would be influenced by political bias.

tangent

Judge Cannon, who has been criticized by legal experts saying she was too deferential to Trump, could become part of the next Trump administration, ABC News reported before the election. The Trump-appointed judge was on his short list for attorney general.