The supreme court could intervene to save the former president Donald Trump from prison if he wins a second term in the White House on Tuesday, according to a legal expert.

Professor David Driesen, Professor of Constitutional Law at Syracuse University and the author The Specter of Dictatorship: The Judicial Empowerment of Presidential Powerhe said Newsweek that a Trump victory would be “an end to the two federal (criminal) cases” the former president faces.

In May, Trump was sentenced in New York on 34 offenses of misrepresenting business the recordings, which prosecutors say he orchestrated to hide the payment of hush money to the former adult film actress Stormy Daniels. Sentencing is currently scheduled for November 26, with Trump continuing to deny any wrongdoing and labeling the case “corrupt.”

Trump was also indicted in Georgia on 13 counts related to claims he violated the law by trying to overturn the outcome of the state’s 2020 presidential election, including violating the Racketeer Influenced and Corrupt Organizations Act (RICO). . He has denied any wrongdoing.

At the federal levelTrump has been charged with four counts of working to illegally interfere in the 2020 election results in the run-up to the January 6, 2021 riot at the US Capitol. Special Adviser Jack Smith republished the indictment in September after a Supreme Court ruling in July granted the president broad immunity from prosecution for “official acts” taken in office.

Trump has also been indicted on 40 criminal charges over claims he illegally kept classified documents after he left the White House in 2021 and obstructed efforts to return them to the relevant authorities. Judge Court Aileen Cannon later dismissed the case on the grounds that Smith’s appointment as special counsel was unconstitutional, though it is being appealed.

Trump has denied any wrongdoing in both the federal election meddling case and the classified documents, saying the allegations against him were politically motivated.

He spoke with Driesen Newsweek about what might happen to Trump’s New York hush money if he gets a second term in the White House. He said: “Current law does not prohibit Donald Trump from being convicted of his private conduct or even imprisoned.

“But the Supreme Court could invent a new law to keep Trump out of jail if the New York justice Juan Merchan sentence him to prison while he’s in office,” he said. “The Supreme Court has already shown its willingness to protect Trump, especially when it granted him immunity from criminal prosecution for official misconduct in Trump v. United States.” .

Driesen made the same argument for the Georgia case.

“Under current law, President Trump can be tried and imprisoned for election interference in the Georgia case. But as in the New York case, the Supreme Court could step in to keep Trump out of jail during his presidency,” he said.

Newsweek reached out to Trump’s legal team and his presidential campaign for comment by email on Tuesday.

Trump has appointed three Supreme Court justices during his presidency: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Of the nine judges currently on the court, six were described by BBC as “conservative”.

For the federal election interference and classified documents cases, Driesen said if Trump is re-elected president, he could likely torpedo the prosecutions entirely.

“Donald Trump has said that if he is elected, he will impeach Jack Smithand there is no reason to doubt that they would,” he said Newsweek. “The US political system lost many of the checks and balances that existed before Trump was elected in 2016.

“Given the failure to impeach Trump for his role in the January 6 uprising and the decision of nearly all of Congress republicans to support it, the abuse of power since Smith’s firing is highly unlikely to trigger a move to impeach Trump, as it did when former President Richard Nixon committed a similar violation.

“Existing law protects Smith from dismissal. I expect the Supreme Court to come back Morrison v. Olsonwhich upholds removal-for-cause protections for independent prosecutors to protect Trump and allow the arbitrary removal of the independent counsel.”

However, Driesen argued that if Trump’s attempt to oust Smith fails, he will still be protected during his term as president.

“Even if Smith were to remain on the job in a Trump administration, in a hypothetical world where checks and balances operate, he would still face the DOJ’s policy barring prosecution of a sitting president,” said he. “So Trump’s election would be over for the two federal cases against him, pretty much any way you look at it.”

SeparatedTrump ordered to pay $454 million in civil suit after New York judge Arthur Engoron concluded that he defrauded banks, insurers and others for years by inflating his fortune on documents used to secure transactions and loans.

Trump has denied the allegations and is appealing the ruling. Amount due has since then rose to $489 million because of interest.

Driesen suggested that if re-elected, Trump might try to pressure New York Attorney General Letitia James, who brought the case, though he questioned whether that would be successful.

“New York Attorney General Letitia James’ business fraud case against Donald Trump will continue even if he is elected. Trump’s appeal of the $454 million judgment against him is going through the courts. If he loses on appeal, Trump would have no legal basis to use the powers of the federal government to protect his business from litigation,” Driesen said.

“But Trump has shown a willingness to bend the rules and use the bully pulpit against political figures and business leaders who draw his ire. I would expect Trump to apply the same pressure on James and any court or business that gets involved in trying to secure payment of the judgment.

“But the judicial system is pretty resistant to that kind of pressure, so if he doesn’t win on appeal, Trump is going to have to pay that massive judgment against him.”