He Supreme Court could intervene to save the former president donald trump of prison if he wins a second term in the White House on Tuesday, according to a prominent jurist.

Professor David Driesen, professor of constitutional law at Syracuse University and author of The specter of dictatorship: judicial empowerment of presidential powersaid news week that a Trump victory would mean “the end of the two federal (criminal) cases” the former president has been facing.

In May, Trump was convicted in New York for 34 serious crimes of business falsification records, which prosecutors claim he orchestrated to conceal the payment of hush money to the former adult film actress Stormy Daniel. Sentencing is currently scheduled for November 26, and Trump continues to deny any wrongdoing and call the case “corrupt.”

Trump has also been charged in Georgia with 13 counts related to claims that he broke the law by trying to overturn the result of the 2020 presidential election in the state, including violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. state. He has denied any wrongdoing.

At the federal levelTrump was charged with four counts of allegedly working to illegally interfere with the results of the 2020 election in the lead-up to the January 6, 2021, riot at the US Capitol. special advisor Jack Smith reissued the indictment in September. after a Supreme Court ruling in July that granted the president broad immunity from prosecution for “official acts” performed in office.

Trump was also charged with 40 criminal counts over allegations that he illegally withheld classified documents after leaving the White House in 2021 and obstructed efforts to return them to the relevant authorities. District Court Judge Aileen Canon He later dismissed the case on the grounds that Smith’s appointment as special prosecutor was unconstitutional, although this is being appealed.

Trump denied wrongdoing in both the federal election interference case and the classified documents case, claiming the charges against him were politically motivated.

Driesen spoke with news week about what could happen in Trump’s case in New York to maintain his silence if he wins a second term in the White House. He said: “Current law does not prohibit sentencing Donald Trump for his private conduct or even imprisoning him.

“But the Supreme Court can invent a new law to keep Trump out of jail if the New York judge Juan Merchan “He sentences him to prison while he is in office,” he said. “The high 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 in 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 well intervene to keep Trump out of jail during his presidential term. “, said.

news week reached out to Trump’s legal team and his presidential campaign for comment via email Tuesday.

Trump 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 the bbc as “conservative.”

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

“Donald Trump has said that if elected, he will fire Jack Smithand there is no reason to doubt that he would do so,” he said news week. “The American political system has lost many of the checks and balances that existed before Trump was elected in 2016.

“Given that Trump was not removed for his participation in the January 6 insurrection and the decision of almost all congressmen republicans to support him, it is highly unlikely that the abuse of power in firing Smith will trigger a move to impeach Trump, as occurred when former President Richard Nixon committed a similar transgression.

“Existing law protects Smith from dismissal. I would expect the Supreme Court to overturn Morrison v. Olson“advocating for cause removal protection for independent prosecutors to protect Trump and enable arbitrary removal of independent counsel.”

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

“Even if Smith remained in office in a Trump administration, in a hypothetical world where checks and balances operated, he would still face the Justice Department’s policy prohibiting the prosecution of a sitting president,” he said. “Thus, Trump’s election would be over for both federal cases against him, pretty much any way you look at it.”

SeparatelyTrump was ordered to pay $454 million in damages in a civil case after a New York judge Arturo Engoron concluded that he had deceived banks, insurers and others for years by inflating his wealth with documents used to guarantee deals and loans.

Trump denied these allegations and is appealing the ruling. The amount must since then increased to 489 million dollars due to interests.

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

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

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

“But the judicial system is quite resistant to that kind of pressure, so unless he wins the appeal, Trump will have to pay for that huge judgment against him.”