Donald Trump’s victory over Vice President Kamala Harris in Tuesday’s election could significantly impact the federal and state criminal cases he faces, potentially putting the federal prosecutions on hold and ending them entirely. Special counsel Jack Smith is reportedly assessing how to proceed with the cases, given the Justice Department’s established policy against prosecuting a sitting president.

Trump’s status as president-elect brings a range of legal challenges. His win complicates a pending Manhattan state case in which he was convicted of falsifying business records related to hush-money payments. Under the current schedule, State Supreme Court Justice Juan Merchan is set to rule on a potential immunity-based dismissal next week, with sentencing tentatively scheduled for late November. The conviction carries no mandatory prison time, but Trump’s election to the presidency further dims any realistic prospect of incarceration.

“If it was unlikely he was going to jail prior to this, he’s never going to jail now,” said former Manhattan prosecutor John Spagna. “By the time he’s not president, he’s too old to be sentenced to jail for this type of offense.” Trump’s legal team may push for another delay, hoping to prevent him from appearing in court during his presidential transition.

The federal prosecutions are now also in limbo. Trump faces charges in Washington, D.C., related to his efforts to overturn the 2020 election, and in Florida over alleged mishandling of classified documents. In the D.C. case, Smith’s team has argued that Trump’s actions largely fell outside the scope of his presidential duties and thus lack immunity protections. But now, Trump’s attorneys are expected to argue that the president-elect should not be weighed down by criminal proceedings as he prepares to take office.

In the Florida case, Judge Aileen Cannon dismissed charges that Trump unlawfully retained classified documents at his South Florida estate, ruling that Smith’s appointment was unlawful. Smith’s team is appealing, but the appeal is unlikely to advance before Trump’s inauguration.

Trump’s Georgia case, involving alleged election interference, may also lose momentum due to his new political status. This case had already been slowed by state appeals over possible conflicts involving Fulton County District Attorney Fani Willis. Observers now believe that even if this case is revived, Trump’s role as president could stall any further action.

Trump’s win revives a question that surfaced during his previous term: whether he could attempt a self-pardon on federal charges. Legal scholars note that while he theoretically has this power, a self-pardon would spark intense legal and political scrutiny.

Throughout his campaign, Trump criticized special counsel Smith and vowed to remove him from office immediately upon returning to the White House. His election now gives him that authority, and a Trump-led Justice Department could dismiss Smith and end both federal cases.

In July, the Supreme Court strengthened Trump’s legal position by granting him immunity over official acts, prompting Smith to narrow his original charges. Trump’s team may argue that further proceedings should be postponed during the transition, and if unresolved by Inauguration Day, his assumption of office could halt the federal cases until his presidency concludes.