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How Trump’s win will affect his court cases
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How Trump’s win will affect his court cases

Former President Donald Trump will retake the White House after defeating Vice President Kamala Harris.

With his win, Trump will be able to free himself from federal court cases that could have landed him behind bars. However, court cases in Georgia and New York could remain on the ballot.

“It will order the dismissal of the two federal cases,” George Washington University law professor Alan Morrison told FOX television. “He’ll probably get them fired.”

Where do the Trump court cases stand?

Federal election interference case: still pending

Trump was accused in August 2023 by special counsel Jack Smith of conspiring to overturn the results of his election loss to President Joe Biden in the run-up to the January 6, 2021 riot at the US Capitol.

RELATED: Why Supreme Court ruling on mixed immunity is still a ‘big win’ for Trump, expert explains

Prosecutors say Trump and his allies knowingly pushed for voter fraud to pressure state officials to overturn Biden’s win, worked to enlist fake voter lists in battleground states and pressured his vice president, Mike Pence, to disrupt the ceremonial counting of electoral votes.

Prosecutors say Trump and his allies also tried to exploit the pro-Trump mob’s attack on the Capitol by trying to persuade members of Congress to further delay the certification of Biden’s victory.

Prosecutors are detailing the evidence against Trump in court filings, accusing the former president of resorting to “criminal acts to try to stay in office” after losing the 2020 election. The filing offers the most comprehensive picture yet of what prosecutors intend to show if the case goes to trial.

Trump said he would fire Smith if elected president “within two seconds” of taking office.

Classified documents

Trump was also indicted in June 2023 by Smith for illegally retaining classified documents taken with him from the White House to Mar-a-Lago after he left office in January 2021, and then obstructing government requests to to return them.

RELATED: New brief details Trump election meddling allegations: ‘Resort to murder’

He was hit with additional charges the following month, accusing him of conspiring to have an employee delete surveillance videos from the property and keeping a document — described by prosecutors as a Pentagon “attack plan” — which he allegedly introduced to visitors at his golf club in New Jersey.

U.S. District Judge Aileen Cannon dismissed the entire case in July, issuing a stunning opinion that said Smith was illegally appointed as special counsel and that his office was improperly funded.

Smith’s team appealed that ruling to the 11th U.S. Circuit Court of Appeals in Atlanta, where it is now pending.

Morrison said that if the case had continued and gone to trial, it was the biggest blow to Trump because he would have had a good chance of going behind bars.

“The government routinely charges people for far less serious security breaches than Trump,” he said.

Georgia election interference case

Even as president, Trump does not have the authority to halt proceedings in the Georgia election meddling case, given that it is a state case.

Trump and 18 others were charged in August by Fulton County District Attorney Fani Willis with participating in an illegal scheme to try to overturn his narrow loss to Democrat Joe Biden in Georgia’s 2020 presidential election.

The alleged scheme includes a long list of alleged acts, including Trump’s infamous January 2021 phone call to Georgia’s secretary of state, an effort to replace Democratic presidential electors in Georgia with those who would vote for Trump, harassment of a poll worker in Fulton County and unauthorized copying of election equipment data and software.

Fulton County Superior Court Judge Scott McAfee has not yet set a court date for Trump. The case against Trump is currently on hold as the former president pursues a preliminary appeal.

New York civil fraud case

As with Georgia, Trump’s role as president would not affect the civil proceedings in the case against him in New York.

He was ordered to pay a $454 million penalty, ruling in a civil fraud lawsuit that he lied about his wealth for years while building the real estate empire that brought him stardom and at the White House.

Trump is appealing Judge Arthur Engoron’s Feb. 16 decision. The judge found that Trump, the company and its executives, including his sons Eric and Donald Trump Jr., intended to inflate their net worth by billions of dollars on financial statements given to banks, insurers and others to make deals and secure loans .

Trump denies wrongdoing. He condemned the verdict as “arming against a political opponent” and complained that he was being punished because he had “built a perfect company, great money, great buildings, great everything”.