Former President Donald Trump He has a huge personal stake in the upcoming election, which could send him back to the White House, or to court for what could be years of legal proceedings under the imminent threat of incarceration.

No other presidential candidate in history has faced the possibility of such drastically different outcomes, in which Trump’s legacy, personal fortune and individual freedom could be decided by a few thousand swing-state voters.

If he returns to the White House, Trump has promised to fire Jack Smith, the special counsel who has brought two federal cases against him, “in two seconds”; has said he would punish the prosecutors and judges who oversee his cases; and will likely avoid serious consequences for any of the criminal charges he continues to face.

“If he wins, let’s say goodbye to all criminal cases,” said Karen Friedman Agnifilo, who previously was head of the Manhattan district attorney’s trial division.

“The criminal cases are over, either legally or practically,” added Friedman Agnifilo, who said a Trump victory would be a “get out of jail free card” for the former president.

If he loses the election, Trump faces years of court proceedings, hundreds of millions in civil penalties and the possibility of prison, beginning with sentencing in his criminal case in New York on Nov. 26.

Here’s what could happen in each of Trump’s criminal cases.

New York hush money case

Trump’s most pressing legal problem after the election is his Nov. 26 sentencing on 34 felony counts for falsifying business records to cover up a 2016 hush payment to adult film actress Stormy Daniels.

Defense attorneys managed to delay the sentencing twice: first by asking that the case be dismissed based on presidential immunity and the second time by highlighting the political risks of a pre-election ruling. Describing Trump’s case as “a unique case, in a unique place in the history of this nation,” New York Judge Juan Merchán opted to delay sentencing until November to ensure that the jury’s verdict “is respected and addressed.” in a way that doesn’t get diluted.” due to the enormity of the upcoming presidential elections.

While first-time offenders convicted of falsifying business records typically avoid incarceration, legal experts told ABC News that unique factors in Trump’s case, including the fact that he has been held for criminal contempt ten times and the finding that he falsified business records to influence an election, – could push Judge Merchan to impose a prison sentence. When ABC News polled 14 legal experts about Trump’s sentencing in June, five believed a prison sentence was likely, two described the decision as a fluke and seven believed a prison sentence was unlikely.

Sentencing could still proceed in November if Trump wins the election, although new circumstances could influence Judge Merchan’s decision, according to Boston College law professor Jeffrey Cohen. Merchan could choose to impose a lighter sentence, such as one day of probation, or choose to delay sentencing until Trump leaves office.

“A sitting president would not be forced to be imprisoned while serving his presidency, so in theory he could serve it once he leaves office,” Cohen said, noting that a delayed sentence could incentivize Trump to remain in office. the charge. as long as possible.

“If he wins, I think realistically there won’t be a significant sentence for it,” Friedman Agnifilo said.

Trump’s lawyers could also try to delay sentencing in light of the election result, and the former president still has multiple legal efforts pending to delay the case. On November 12, Judge Merchan plans to rule on Trump’s motion to dismiss the case due to the recent Supreme Court ruling granting him immunity from criminal prosecution for official acts performed as president, and if Merchan denies that motion, Trump could try to appeal immediately to try to delay the sentence even further.

Trump has also asked the U.S. Court of Appeals for the Second Circuit to move the state case to federal court, which his lawyers could use to cause a delay in sentencing. Unlike his federal cases, for which Trump could theoretically pardon himself, the state case will likely remain outside the reach of a presidential pardon even if Trump manages to take the case to federal court, according to Cohen.

Federal election interference case

In the shadow of the presidential race, U.S. District Judge Tanya Chutkan has been considering how Trump’s federal election subversion case should proceed in light of the Supreme Court’s immunity ruling, which delayed the case for nearly a year. anus. Fifteen months after Trump pleaded not guilty to charges of pursuing a “criminal scheme” to overturn the results of the 2020 election, Judge Chutkan has set a timetable for the case that extends beyond the election, with dates deadline for key presentations set for end of December. 19.

Trump has promised to fire Smith if he is re-elected, but that may not be necessary since a long-standing Justice Department policy prohibits the prosecution of a sitting president, meaning federal cases against Trump can be stopped immediately if Trump takes office.

While Smith could try to continue his prosecution in the two months between the election and the inauguration, there is little he can do to revive the case, according to Bennett Gershman, a law professor at Pace University.

“They can continue doing what they’re doing, but it won’t really matter if, at the end of the day, Trump can appoint an attorney general who then files a motion to dismiss the charges,” Gershman said. .

While his federal case will inevitably go away if Trump wins, exactly how that will happen is uncertain. Smith could try to issue a final report on his findings, Trump could face a showdown with Congress or the acting attorney general over Smith’s firing, or Judge Chutkan could reject the Justice Department’s eventual decision to dismiss the charges.

If Trump loses the election, Judge Chutkan is expected to continue evaluating whether any of the allegations in the case are protected by presidential immunity. His final decision will likely be appealed and could return to the Supreme Court, which would likely delay the trial for at least another year, according to experts.

Classified Federal Documents Case

After U.S. District Judge Aileen Cannon dismissed Trump’s criminal case for withholding classified documents and obstructing government efforts to recover them, Smith asked an appeals court to reinstate the case, arguing that Cannon’s decision on the appointment and funding special counsel could “jeopardize the long-standing functioning of the Justice Department and call into question hundreds of appointments across the Executive Branch.”

If Trump wins the election, prosecutors will likely have no choice but to withdraw their appeal, according to Friedman Agnifilo, cementing Judge Cannon’s dismissal of the case.

If Trump loses the election, the case faces a long road before reaching trial. Prosecutors must successfully convince the Atlanta-based 11th U.S. Circuit Court of Appeals to overturn Cannon’s firing, and Trump’s team has already raised a defense based on presidential immunity, which could become the basis for a future appeal.

Faced with a series of adverse rulings, Smith would also face a key decision on whether to request that Judge Cannon be recused from the case, according to Cohen.

“I’m not sure what her reasons are now, except ‘we really don’t like what she’s decided,'” said Cohen, who was skeptical of the government’s grounds for recusal based solely on the trial record.

In a separate case overseen by Judge Cannon, defense attorneys for Ryan Routh, the man accused of trying to assassinate Trump at his Florida golf course in September, asked that Cannon be recused, in part citing the ABC News report. That a list of personnel messages that circulated during the Trump transition operation included Cannon’s name among possible candidates for attorney general should Trump be re-elected. Cannon on Tuesday rejected that motion, describing the argument about a possible appointment as “‘rumors’ and ‘innuendo.'”

“We had a brave and brilliant judge in Florida. By the way, she’s a brilliant judge. I don’t know her. I never talked to her. I never talked to her. But we had a very bright and brave judge,” Trump said. he said about Cannon last week.

Fulton County Election Interference Case

Trump’s criminal case in Fulton County, Georgia, related to his effort to overturn the 2020 election results in that state, has been stalled since June while an appeals court considers the former president’s challenge to Judge Scott’s decision. McAfee not to disqualify District Attorney Fani. Willis for what McAfee called a “significant appearance of wrongdoing” stemming from a romantic relationship between Willis and a prosecutor on his staff. A Georgia appeals court scheduled oral arguments on whether Willis can continue his case for Dec. 6.

When asked about the future of the case if Trump wins the election, Trump defense attorney Steve Sadow told Judge McAfee last December that the trial would likely have to wait until Trump completes his term.

Since August 2023, when Trump was indicted in Fulton County on 13 criminal counts, Judge McAfee has undermined the prosecution by dismissing five of the charges Trump was originally charged with.

If he loses the election, Trump could try to stall the case by continuing to push for Willis to be disqualified or mounting a presidential immunity defense.

“The indictment in this case accuses President Trump of acts that are at the heart of his official responsibilities as President,” Trump’s lawyers wrote in a January motion.