Donald Trump’s remarkable political comeback, culminating in his election to a second term as President, is poised to reshape the trajectory of his numerous legal challenges, many of which have dogged him for years. With the power of the White House, Trump stands to effectively shield himself from the legal accountability he has long sought to avoid—at least for the duration of his presidency.
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He now becomes the first convicted felon to ascend to the presidency, and his sentencing in that New York case is set for later this month, setting up another unprecedented challenge for the judge. Trump has long framed the criminal and civil cases against him as politically motivated attacks orchestrated by his adversaries, particularly Democrats, and has used the legal scrutiny as a rallying cry to bolster his base. But with his electoral victory, he now possesses enormous leverage to sideline or completely derail those cases.
Here’s what Trump’s election win means for his legal cases.
Federal cases
At the heart of Trump’s most pressing legal troubles are two major federal cases: one involving the alleged efforts to overturn the 2020 election, and the other surrounding his alleged mishandling of classified documents. These cases, brought by special counsel Jack Smith, have been some of the most consequential against a former President in U.S. history.
However, Trump’s path to avoiding these charges now seems clearer than ever. The Justice Department is part of the Executive Branch under the President, though it traditionally operates with a degree of independence from the Oval Office. Trump has already signaled that he’ll fire Smith from his post right away if he hasn’t already vacated it. The new attorney general appointed by Trump would have the power to end both investigations and dismiss the charges against him. It’s a move that would deliver a fatal blow to the case accusing Trump of attempting to subvert the 2020 election, which includes a complex web of charges stemming from the Jan. 6, 2021 Capitol riot.
In the federal case brought against Trump in Washington, D.C., for his role in attempting to overturn the 2020 election, Trump’s legal team has already succeeded in pushing the trial’s timeline past the election. U.S. District Judge Tanya Chutkan had initially set a fast-moving schedule for the case, but Trump’s attorneys have sought repeated delays. After the U.S. Supreme Court ruled this summer that presidents have broad criminal immunity for certain official acts while in office, the case is in a precarious position. It remains unclear whether Chutkan, who has made it clear she is determined to move forward with the case, will have the legal means to proceed with a trial once Trump takes office again. If the case is postponed or derailed, it would be a major victory for Trump, allowing him to avoid any legal reckoning during his second term.
As for the classified documents case, a previous ruling by Trump-appointed judge Aileen Cannon—who dismissed part of the case on the grounds of legal overreach by the Justice Department—suggests that further legal maneuvers by Trump’s team could once again stall or dismiss the charges.
It’s an unresolved legal question whether a President could pardon himself.
State cases
Beyond federal charges, Trump faces an array of state-level legal battles, including charges in Georgia for attempting to overturn the 2020 election and a felony conviction in New York for his role in a hush-money payment to former adult film star Stormy Daniels.
In Georgia, District Attorney Fani Willis’s case has already been delayed for months due to an unexpected legal twist: the revelation that she had a romantic relationship with a key prosecutor on the case. Though courts initially allowed the case to proceed, Trump’s legal team has seized on the argument that a sitting President cannot be prosecuted for state-level crimes. Legal experts believe Trump will use the weight of his office to argue that, under the doctrine of presidential immunity, he cannot be held accountable by a state prosecutor while in office.
The ongoing legal battles in New York, where Trump was convicted earlier this year of 34 counts of falsifying business records to cover up hush-money payments, are similarly on hold. Trump’s lawyers have already delayed his sentencing multiple times, and they are likely to seek a further postponement or challenge the verdict, citing his status as President-elect. The sentencing, currently scheduled for Nov. 26, presents a critical juncture for Trump’s legal future. Should New York Supreme Court judge Juan Merchan, who presided over Trump’s Manhattan trial, proceed with sentencing, he will face the daunting task of determining how to handle the legal consequences of a criminal conviction for a sitting or soon-to-be sitting President.
Trump’s defense is likely to argue that any court action, including a prison sentence, should be delayed until after his presidency, citing constitutional duties and the complexities of executive responsibilities. Even if Merchan opts for non-prison penalties, such as home confinement or community service, Trump’s legal team is expected to argue that such sanctions would be impractical or unconstitutional while he is serving in office. Ultimately, Merchan’s decision could set a significant precedent—both for Trump’s legal accountability and the broader question of how the legal system deals with a president entangled in criminal charges.
Civil cases
While the criminal cases may be delayed or dismissed outright, Trump still faces significant civil litigation, particularly in relation to the defamation and sexual abuse cases brought by E. Jean Carroll and other plaintiffs. In New York, Trump was ordered to pay $83 million in damages for defamation, and he has also been found liable for inflating the value of his business assets, resulting in a $450 million penalty.
Trump is also facing lawsuits from U.S. Capitol Police officers and members of Congress for his role in stoking the attacks on the Capitol on Jan. 6, 2021. Several police officers were injured by the mob and are suing Trump for damages.
While Trump may have a degree of immunity from criminal prosecution, that same protection does not exist for civil lawsuits. Civil plaintiffs have successfully pursued damages from sitting Presidents in the past. In fact, during his first term, Trump was forced to pay a $2 million penalty as part of a settlement over the misuse of funds from the Trump Foundation—a rare case where a President faced private financial penalties while in office.
The question now is whether these civil cases, too, will be delayed by his return to the White House.
The legal questions will continue
What Trump has managed to do is craft a multifaceted legal strategy that exploits the intersections of law and politics. He has used his criminal and civil cases to fuel his political narrative, portraying himself as a victim of a partisan justice system. At every stage, he has delayed, appealed, and deflected in ways that no ordinary defendant could, turning his legal battles into campaign fodder.
Trump has benefited from a confluence of favorable decisions, from sympathetic judges to an increasingly conservative Supreme Court majority, including three Justices that he appointed. The high court’s recent ruling that Presidents enjoy broad immunity from criminal prosecution has given Trump an additional layer of protection against the legal system.
But even with Trump’s huge legal shield, some questions remain. Will state prosecutions, particularly in Georgia, find a way to push forward after he leaves office? Will civil plaintiffs be able to force him to pay damages after his term ends? While Trump has managed to delay accountability in the short term, his legal future beyond his presidency remains uncertain.
For now, Trump’s election victory provides him with an escape from the most pressing legal threats. The political system has once again proven to be both his greatest asset and his greatest protection, suggesting that, at least for the next four years, Trump will operate with relative impunity—shielded by the office he once held and now returns to with an even greater mandate.