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Evening Standard
Evening Standard
Nuray Bulbul

What will happen to Trump's trials now that he has won the election?

Donald Trump could still in theory receive a prison sentence in relation to the charges against him - (Niall Carson/PA Archive)

There’s a first for everything – Donald Trump will be the first president to take office with many criminal proceedings against him still under way.

According to CBS, talks have begun between Mr Trump's team and the office in charge of federal proceedings about how to conclude them.

While presidents can pardon federal cases, he would not be able to pardon himself in the New York hush-money case, as this is a state case.

Here are some potential outcomes for each of the four legal issues he is facing.

Georgia 2020 election case

Georgia has charged Mr Trump with a felony for his alleged attempts to rig the state's 2020 election.

Mr Trump and his supporters allegedly distributed false information alleging voter fraud after Joe Biden narrowly won the state and the president was allegedly relying on Georgia politicians and officials to overturn the outcome.

Based on state racketeering laws intended to combat mobsters, Fulton County District Attorney Fani Willis charged Mr Trump and 18 co-defendants last year with starting a "criminal enterprise" to keep the former president in office. Attempts have been made to disqualify Ms Willis due to her relationship with a lawyer she recruited to work on the case.

Ms Willis's eligibility to remain on the case is being considered by an appeals court. However, now that Mr Trump will be the next president, the case may be dismissed or subject to further delays.

Legal experts predict that it will be put on hold while Mr Trump is in office.

When the judge inquired whether Mr Trump could still stand trial if elected, his attorney, Steve Sadow, responded in this way to the BBC.

He said: “The answer to that is I believe that under the supremacy clause and his duties as president of the United States, this trial would not take place at all until after he left his term in office.”

Classified documents and January 6 case

Special counsel for the Justice Department Jack Smith is spearheading a case against Mr Trump for allegedly mishandling confidential papers following his departure from the White House – a allegation Trump rejects.

He was charged with keeping private documents in his Mar-a-Lago residence and impeding the Justice Department's attempts to obtain them.

In July, Aileen Cannon, a federal judge in Florida and a Trump appointee and the judge assigned to the case, dismissed the charges, claiming Mr Smith was wrongfully nominated by the Justice Department to handle the case.

Mr Smith challenged the decision but now that Mr Trump is expected to take office, negotiations are taking place to resolve the matter while an appeal by Mr Smith against the judgment is pending.

Last year, in a separate case Mr Smith accused Mr Trump of conspiracy to overthrow the results of the 2020 election, which President Biden won.

Mr Trump entered a not guilty plea and the Supreme Court decided last summer that Mr Trump was largely exempt from criminal prosecution for official activities while in office.

Mr Trump was due to stand trial in March in the election interference case but the case has now been halted. Mr Smith filed evidence in October to District Judge Tanya Chutkan that Mr Trump's alleged efforts to rig the election were taken in a private capacity as a candidate and the trial can therefore go ahead.

Stormy Daniels hush-money case

In May, New York found Mr Trump guilty on 34 felony counts of manipulating company documents.

He was convicted on all charges by a New York jury in relation to a hush-money payment to an adult film star called Stormy Daniels.

Following the election, Judge Juan Merchan postponed Mr Trump's sentencing from September to November 26.

Despite Mr Trump's victory, he could still carry out the sentencing as scheduled, according to Julie Rendelman, a former Brooklyn prosecutor.

However, as an older, first-time offender, legal experts say it is doubtful that Mr Trump would receive a prison sentence.

Claire Finkelstein, a law professor at the University of Pennsylvania, told the news agency AFP that a postponed sentence would be an option "if it involved any jail term" in the unlikely event that the sentencing hearing proceeds.

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