This article originally ran in New York magazine on October 29, 2024
Donald Trump is facing an extreme sliding-doors scenario on Election Day. If he wins, he would have the power to single-handedly scuttle the federal criminal cases against him, be immune from prosecution while in office, and, thanks to the Supreme Court, have broad immunity from prosecution once — if — he leaves. If he loses, though, he will face criminal penalties that could leave him in command of a 70-square-foot prison cell for most of the rest of his life.
“He will be facing serious legal jeopardy if he loses. He knows that,” says Bennett Gershman, a professor of constitutional law at Pace Law School who served for a decade as a New York prosecutor. “It’s probably on his mind every day. He faces four very, very serious cases, in one of which he has already been convicted as a felon. The others are easily convictable.”
The minute it becomes clear that Trump has lost the election, his legal team will be preparing for the fight of a lifetime to keep him out of prison. “This defendant will use every means at his disposal to delay the outcome and complicate the adjudication,” says Martin Horn, a professor of corrections at John Jay College and the executive director of the New York State Sentencing Commission. “Who knows what legal maneuvers are available to him?”
Here is a look at where the four cases against Trump stand and how they might play out.
Continue reading How Trump Goes to Prison