Donald Trump will never face federal criminal charges for trying to corrupt the 2020 presidential election, the fundamental democratic procedure. Nor will he ever face consequences for brazenly removing highly sensitive documents from the White House, refusing to hand them back, and attempting to hide them from the government.

Special Counsel Jack Smith, representing the Justice Department, today filed to dismiss charges in the two federal cases he was overseeing against Trump. Smith effectively had no choice. Trump had promised to fire him and end the cases as soon as he took office on January 20. (The president-elect reportedly plans to fire not only Smith but also career attorneys who were assigned to his team.)

In both cases, these were crimes that only a president could commit: No one else could have attempted to remain in office by the same means, and few people could have made off with boxes full of these documents. And only a president-elect with nearly unlimited resources could have gotten away with them.

[Read: The Trump-Trumpist divide]

Trump pulled off this legal trick with a simple and effective strategy of running down the clock until being reelected president. Traditionally, defendants have had two ways to beat a rap. They could convince a judge or jury that they didn’t do the crime, or at least that there isn’t enough evidence to prove they did. Or they could look for a way to get sprung on a technicality. Faced with a choice between A and B, Trump chose option C: weaponize the procedural protections of the American justice system against itself.

The problem is not that these protections exist. They are a crucial part of ensuring fairness for all defendants. But just as he has done in other circumstances, Trump sniffed how the things that make the American system great can also be cynically exploited. If you have sufficiently deep pockets and very little shame, you can snow a case under procedural motions, appeals, and long shots, enough to slow the case to a crawl. And in Trump’s case, delay was a victory—not because he could put it off indefinitely, but because he will soon be president again, with the Department of Justice under his authority.

The strategy was not without risks. His claims of presidential immunity drew scoffs from many legal scholars, as well as judges on the first two levels of the federal court system. But the Supreme Court took as long as possible before issuing a ruling substantially agreeing with Trump—the majority included three Trump-appointed justices plus a fourth whose wife was deeply involved in the election-subversion effort.

Even then, the strategy relied on Trump winning the presidential election, which was not a sure bet. Had he lost, the cases would likely have continued, and he might well have lost those. The documents case, though not as grave as Trump’s attack on the basic fabric of the Constitution, was clear-cut in its facts. And in the only criminal case against Trump that did go to a jury—widely viewed as the most tenuous case against him—he was quickly convicted. (Sentencing in that case is now indefinitely paused, also because of Trump’s election.)

But in Attorney General Merrick Garland, Trump drew the ideal foil. The man overseeing the two cases against Trump is obsessive about proceduralism. His view was that the best way to restore the justice system, and the Justice Department, after the first Trump presidency was to do everything precisely by the book, no matter how long it took. It took quite a while—Smith was not appointed until November 2022, two months after the paperwork coup began and three months after the FBI seized documents at Mar-a-Lago. By the time Smith brought charges, in summer 2023, the timeline was tight, either for verdicts soon enough to inform voters or to avoid dismissal if a Republican won the presidential election.

This was the problem with Garland’s calculation: It may have temporarily restored the proper function of the Justice Department, but it didn’t win back public approval, nor did it really benefit the Justice Department in court. Garland appointed Smith as special counsel after Trump entered the presidential race, so as to create an appearance of insulation from politics. Little good that did: The Trump-appointed judge Aileen Cannon delivered a blatantly political ruling throwing the case out because she deemed the appointment unconstitutional.

[David Frum: A good country’s bad choice]

Most important, Garland’s attention to detail meant the system failed to do the basic work of holding accountable someone who had committed serious crimes in plain sight. And partly because of that, Trump will soon return to the White House with the power and intention to destroy all the independence and careful procedures that Garland took such pains to protect.

Not only that, but the Justice Department will be led by the lawyers who developed Trump’s strategy. His new nominee for attorney general, Pam Bondi, spoke outside his trial in New York and defended him in his impeachments. His appointees for deputy attorney general and principal associate deputy attorney general, Todd Blanche and Emil Bove, represented him as defense lawyers. D. John Sauer, who argued the immunity case at the Supreme Court, will be solicitor general, the fourth-ranking post at DOJ.

The lack of accountability for January 6 is an affront to the Constitution. But the lesson that Trump will take from charges being dropped, along with the immunity ruling, is that the system is not capable of holding him accountable for most rules that he violates. The affronts will continue.

The first former president to be convicted of a felony is now also the first convicted felon to be elected as president.

Donald Trump won reelection on November 5, paving the way for his return to the White House—as well as the end or postponement of the criminal cases against him. The extent to which those cases also paved the way for his return to the White House will be a topic for years of debate. One plausible argument is that the sense that Trump was being persecuted strengthened his support; another is that the failure to bring cases sooner and finish them deprived voters of complete information. Both may be true.

In any event, the discussion is moving from the legal to the political because the legal side seems to have reached a dead end. Special Counsel Jack Smith and the Justice Department are expected to end the cases against him related to attempting to subvert the 2020 election and hoarding classified documents at Mar-a-Lago, neither of which has made it to trial. The documents case, long considered the most straightforward, was bottled up by a Trump-appointed judge on dubious procedural grounds. The election-subversion case took a detour to the Supreme Court, where a conservative majority ran down the clock before ruling that a president has very broad immunity for most acts done as president; the lower court hearing the case only recently got back on track, but on November 8, Smith asked the judge to pause the case, citing Trump’s victory.

But now, given that DOJ guidance says a sitting president can’t be tried, and that Trump has promised to fire Smith and immediately dismiss the cases anyway, the two federal cases are likely to wind down. An election-subversion case in Fulton County, Georgia, is effectively frozen already amid challenges to the prosecutor’s handling of the case. Trump has been convicted but not sentenced in New York State related to hush money paid to the adult film actor Stormy Daniels, and sentencing in that case may never happen, either.

If the failure to swiftly prosecute Trump enabled his election, then, his election seems to guarantee that he will never face accountability for the acts he committed, including those for which he has already been convicted of 34 felonies.

What follows is a summary of the major legal cases against Trump, assessments of the gravity of the charges, and the prognosis. This guide will be updated as necessary.

New York State: Fraud

In the fall of 2022, New York Attorney General Letitia James filed a civil suit against Trump, his adult sons, and his former aide Allen Weisselberg, alleging a years-long scheme in which Trump fraudulently reported the value of properties in order to either lower his tax bill or improve the terms of his loans, all with an eye toward inflating his net worth.

When?
Justice Arthur Engoron ruled on February 16 that Trump must pay $355 million plus interest, the calculated size of his ill-gotten gains from fraud. The judge had previously ruled against Trump and his co-defendants in late September 2023, concluding that many of the defendants’ claims were “clearly” fraudulent—so clearly that he didn’t need a trial to hear them.

How grave was the allegation?
Fraud is fraud, and in this case, the sum of the fraud stretched into the hundreds of millions—but compared with some of the other legal matters in which Trump is embroiled, this is a little pedestrian. The case was also civil rather than criminal. But although the stakes are lower for the nation, they remain high for Trump: The size of the penalty appears to be larger than Trump can easily pay, and he also faces a three-year ban on operating his company.

What happens now?
On March 25, the day he was supposed to post bond, an appeals court reduced the amount he must post from more than $464 million to $175 million. Trump has appealed the case. In a September hearing, New York appeals-court judges seemed skeptical of the case against Trump and sympathetic to his arguments. They have not yet ruled.

Manhattan: Defamation and Sexual Assault

Although these other cases are all brought by government entities, Trump also faced a pair of defamation suits from the writer E. Jean Carroll, who said that Trump sexually assaulted her in a department-store dressing room in the 1990s. When he denied it, she sued him for defamation and later added a battery claim.

When?
In May 2023, a jury concluded that Trump had sexually assaulted and defamed Carroll, and awarded her $5 million. A second defamation case produced an $83.3 million judgment in January 2024.

How grave was the allegation?
Although these cases didn’t directly connect to the same fundamental issues of rule of law and democratic governance that some of the criminal cases do, they were a serious matter, and a federal judge’s blunt statement that Trump raped Carroll has gone underappreciated.

What happens now?
Trump has appealed both cases, and he posted bond for the $83.3 million in March.

Manhattan: Hush Money

In March 2023, Manhattan District Attorney Alvin Bragg became the first prosecutor to bring felony charges against Trump, alleging that the former president falsified business records as part of a scheme to pay hush money to women who said they’d had sexual relationships with Trump.

When?
The trial began on April 15 and ended with a May 30 conviction. A judge is scheduled to rule September 16 on whether the U.S. Supreme Court’s decision on presidential immunity invalidates the case. On September 6, he announced that he was postponing sentencing to avoid interfering with the election.

How grave was the allegation?
Many people have analogized this case to Al Capone’s conviction on tax evasion: It’s not that he didn’t deserve it, but it wasn’t really why he was an infamous villain. Trump did deserve it, and he’s now a convicted felon. Moreover, although the charges were about falsifying records, those records were falsified to keep information from the public as it voted in the 2016 election. It was among the first of Trump’s many attacks on fair elections. (His two impeachments were also for efforts to undermine the electoral process.) If at times this case felt more minor compared with the election-subversion or classified-documents cases, it’s because those other cases have set a grossly high standard for what constitutes gravity.

What happens now?
Sentencing was scheduled for November 26, but with Trump now in the middle of a presidential transition, some observers expect that Justice Juan Merchan will either postpone sentencing or even forgo a sentence altogether.

Department of Justice: Mar-a-Lago Documents

Special Counsel Jack Smith charged Trump with 37 felonies in connection with his removal of documents from the White House when he left office, but Judge Aileen Cannon has dismissed the case, finding that Smith’s appointment was not constitutional. Smith has appealed. The charges included willful retention of national-security information, obstruction of justice, withholding of documents, and false statements. Trump took boxes of documents to properties, where they were stored haphazardly, but the indictment centered on his refusal to give them back to the government despite repeated requests.

[David A. Graham: This indictment is different]

When?
Smith filed charges in June 2023. On July 15, 2024, Cannon dismissed the charges. Smith appealed that dismissal on August 26.

How grave is the allegation?
These are, I have written, the stupidest crimes imaginable, but they are nevertheless very serious. Protecting the nation’s secrets is one of the greatest responsibilities of any public official with classified clearance, and not only did Trump put these documents at risk, but he also (allegedly) refused to comply with a subpoena, tried to hide the documents, and lied to the government through his attorneys.

How plausible is a guilty verdict?
Vanishingly unlikely. Smith and the Justice Department are reportedly working on winding down the case now, both because Trump would quash it on his first day in office and also because long-standing guidance says a sitting president cannot be prosecuted. This once looked to be the most open-and-shut case: The facts and legal theory here are pretty straightforward. But Smith drew a short straw when he was randomly assigned Cannon, a Trump appointee who repeatedly ruled favorably for Trump and bogged the case down in endless pretrial arguments. Even before her dismissal of the case, some legal commentators accused her of “sabotaging” it.

Fulton County: Election Subversion

In Fulton County, Georgia, which includes most of Atlanta, District Attorney Fani Willis brought a huge racketeering case against Trump and 18 others, alleging a conspiracy that spread across weeks and states with the aim of stealing the 2020 election.

When?
Willis obtained the indictment in August 2023. The number of people charged makes the case unwieldy and difficult to track. Several of them, including Kenneth Chesebro, Sidney Powell, and Jenna Ellis, struck plea deals in the fall. Because a challenge to Willis’s presence on the case isn’t going to be heard until December, the case will not begin before the election.

How grave is the allegation?
More than any other case, this one attempts to reckon with the full breadth of the assault on democracy following the 2020 election.

How plausible is a guilty verdict?
Trump’s election casts even more uncertainty over an already murky future. This is a huge case for a local prosecutor, even in a county as large as Fulton, to bring. The racketeering law allows Willis to sweep in a great deal of material, and she has some strong evidence—such as a call in which Trump asked Georgia Secretary of State Brad Raffensperger to “find” some 11,000 votes. Three major plea deals from co-defendants may also ease Willis’s path, but getting a jury to convict Trump will still be a challenge. A judge on September 12 tossed three counts as outside state jurisdiction, and dismissed several other but said the state can refile them with more detail. The case has also been hurt by the revelation of a romantic relationship between Willis and an attorney she hired as a special prosecutor. On March 15, Judge Scott McAfee declined to throw out the indictment, but he sharply castigated Willis. Trump’s victory may result in the case being frozen indefinitely.

Department of Justice: Election Subversion

Special Counsel Smith has also charged Trump with four federal felonies in connection with his attempt to remain in power after losing the 2020 election. This case is in court in Washington, D.C.

When?
A grand jury indicted Trump on August 1, 2023. The trial was originally scheduled for March but was frozen while the Supreme Court mulled whether the former president should be immune to prosecution. On July 1, 2024, the justices ruled that a president is immune from prosecution for official but not unofficial acts, finding that some of Trump’s postelection actions were official and sending the case back to the trial court to determine others. Smith obtained a new indictment on August 27, which retains the same four felony charges but omits references to corrupting the Justice Department. On November 8, Smith asked the trial-court judge to pause the case because of the “unprecedented circumstance” of Trump’s reelection.

[David A. Graham: Trump attempted a brazen, dead-serious attack on American democracy]

How grave is the allegation?
This case rivals the Fulton County one in importance. It is narrower, focusing just on Trump and a few key elements of the paperwork coup, but the symbolic weight of the U.S. Justice Department prosecuting an attempt to subvert the American election system is heavy.

How plausible is a guilty verdict?
It’s not happening, folks.

Additionally …

Once upon a time, cases were filed in more than 30 states over whether Trump could even appear on the 2024 ballot under a novel legal theory about the Fourteenth Amendment. Proponents, including J. Michael Luttig and Laurence H. Tribe in The Atlantic, argued that the former president was ineligible to serve again under a clause that disqualifies anyone who took an oath defending the Constitution and then subsequently participated in a rebellion or an insurrection. They said that Trump’s attempt to steal the 2020 election and his incitement of the January 6 riot meet the criteria.

The Supreme Court conclusively disagreed. The justices ruled unanimously on March 4 that states could not remove Trump from the ballot, and appear on the ballot he did. Trump is set to be sworn in as the 47th president on January 20, 2025.

Donald Trump’s victory on Tuesday was not just an electoral success but a triumph over the legal system. In the years since reluctantly leaving office in 2021, he has been dogged by four separate criminal prosecutions for his various abuses of power before, during, and after his first term as president. Securing a second term was the simplest way to bring these prosecutions to an end, and now his path to doing so is clear—mostly.

That the country is even facing these questions is evidence of the novel—and frightening—position it now finds itself in. Trump has made history as the first person ever to be elected president with a felony record, having been convicted by a New York jury in May, but not yet sentenced. Additionally, he has been indicted in three other cases in both state and federal court, though these cases have not yet made it to trial, and now may never. An apparent majority of American voters decided that these charges, the bulk of which speak directly to Trump’s willingness to abuse the powers of the presidency and his refusal to acknowledge that the law might apply to him, were not disqualifying when they made their selection for the nation’s highest office. And now, because of their decision, Trump has won the impunity he so craved.

The federal cases are done for. The day after the election, reports began to surface that Special Counsel Jack Smith was already in conversation with the Justice Department about bringing his two prosecutions of Trump—one over his hoarding of classified documents, and one over his efforts to unlawfully hold on to power following the 2020 election—to an end before Trump swears the oath of office for a second time on January 20. If for any reason that doesn’t happen, Trump can simply order those cases dismissed—the Department of Justice answers to the president, after all. The state cases, over which Trump has no such power, are somewhat more of a puzzle. In no instance, however, is the answer satisfying for anyone who cares about seeing Trump brought to justice.

[Conor Friedersdorf: Treat Trump like a normal president]

Both of Smith’s cases had already been seriously weakened—particularly the charges concerning the classified documents. That case should have been the most straightforward. Trump appears to have blatantly ignored the law in taking classified materials with him after leaving office, and then refusing to hand that material back to the federal government when the FBI came knocking. But Smith got extremely unlucky when the case was randomly assigned to  the Trump-appointed Judge Aileen Cannon, who has been hamstringing the prosecution ever since with absurd delay after absurd delay. In July, she capped this off by dismissing the charges altogether, on the legally dubious grounds that Smith had been unconstitutionally appointed. Smith has appealed, leaving the documents case in limbo while the U.S. Court of Appeals for the Eleventh Circuit weighs the arguments.

The other federal case concerns the president-elect’s failed attempt to unlawfully hold on to power after his loss in 2020. In court in Washington, D.C., prosecutors were stopped in their tracks for months while the Supreme Court considered what sort of presidential acts are immune from criminal prosecution. In July, the Court ruled that presidents enjoy extensive immunity for so-called official conduct. Following that, Judge Tanya Chutkan was tasked with figuring out which aspects of the charges might be salvageable, as Trump argued that the entire prosecution should be dismissed because of his newfound immunity. Smith has used the resulting back-and-forth as an opportunity to release material capturing Trump’s culpability: Most damningly, a filing by Smith states that when Trump was alerted on January 6 that a mob of rioters had broken into the Capitol and that then–Vice President Mike Pence’s life was in danger, he responded, “So what?”

Now, with Trump poised to reenter the Oval Office, the January 6 case will never make it to trial, and the Florida prosecution of Trump will never be resurrected. The only question is what precise sequence of events will lead to that outcome. Smith may be aiming to have both cases dismissed before Trump once again resumes the presidency, “to comply with long-standing department policy that a sitting president can’t be prosecuted,” NBC first reported. The reasoning behind Smith’s reported conversations with the Justice Department is not entirely clear: Is the thinking that a trial will never come to pass, so it’s better to simply wind things down now? Or is it that the Justice Department’s prohibition on prosecuting a sitting president somehow also forbids moving forward with a prosecution of a president-elect?

Either way, this approach looks a lot like admitting defeat. The alternative would be for Smith to fight to the end and keep moving forward with the cases until Trump takes office, daring the new president to shut them down.

Such a confrontation could play out in a number of ways. Trump declared in October that he would “fire Smith in two seconds” after coming into office. He could make good on that threat and then order the Justice Department to drop the cases. Or he might even take the constitutionally untested step of pardoning himself. Whatever option he chooses, forcing him to take such a step would make obvious the magnitude and impropriety of Trump’s actions: a president abusing his authority to evade criminal accountability for his own wrongdoing. For all of Trump’s battles with the law, he has never tried to so directly quash a case against himself, even during the Mueller investigation. No president ever has.

When Richard Nixon tried to suppress the Watergate investigation, in 1973, setting in motion a series of Justice Department resignations during the “Saturday Night Massacre” until he managed to dismiss Special Prosecutor Archibald Cox, the ensuing political inferno ultimately led to the end of Nixon’s presidency. There is not the slightest possibility that a dismissal of Smith and of the cases against Trump would have the same outcome—the erosion of political norms over the course of the first Trump presidency has seen to that. But there is still some power in letting Trump write himself into history this way.

The counterpoint, such as there is one, is that winding these cases down before Trump enters office might allow for a fuller public accounting of what exactly the once and future president has done. The Justice Department regulations under which Smith operates provide that, upon completing an investigation, the special counsel must provide a report of his work to the attorney general—who may “determine that public release of these reports would be in the public interest.” That’s the provision under which Robert Mueller wrote his famous report. But the Mueller report was delayed in its release thanks to political chicanery by Trump’s Attorney General Bill Barr—and likewise, there’s no guarantee that a Trump-selected attorney general or acting attorney general would lift a finger to release any Smith report. If Smith wraps up under the Biden administration, in contrast, it’s far more likely that the special counsel might be able to release a final accounting of Trump’s deeds to the public.

[Arash Azizi: Don’t give up on America]

The twist, of course, is that it’s hard to imagine that the same public that just elected this man to the presidency would care. At this point, it’s a truism to say that the legal system is not designed to deal with a criminal president or former president, and that the only solution was a political one—to vote him out. Well so much for that, too. What’s more, Trump will enjoy even greater impunity during his second term, thanks to wording in the Supreme Court’s immunity ruling that seems to sharply limit the ability of any future special counsel to investigate a sitting president—if, that is, the special-counsel system survives Cannon’s ruling.

So that’s it for the federal cases. The state prosecutions represent a somewhat more complicated problem, simply because there’s no easy way for Trump to cleanly do away with them. The president has no authority over state criminal cases. Still, the prognosis is not much better.

In Georgia, the ungainly Fulton County prosecution of Trump and 18 other co-defendants for their effort to steal the 2020 election has been stalled since this summer, following a baffling scandal over the personal conduct of District Attorney Fani Willis. This July, a judge placed the case on hold while Trump pursued Willis’s disqualification from the prosecution—a matter that will come before the Georgia Court of Appeals in early December. If that court agrees that Willis is disqualified, another Georgia prosecutor would be appointed to the case, and would have the option of continuing to pursue the prosecution or dropping it entirely. That may be the end of the case right there.

If Willis survives the litigation, or if her replacement decides to move forward, whoever is leading the case will immediately run into two interrelated problems. The first is the very same Supreme Court immunity decision that has bogged down the federal case. Although that ruling directly concerned the federal charges against Trump over January 6, the conduct at issue in the Georgia indictment is substantially similar, and Trump would have strong arguments that the Court’s decision rules out some or all of the Georgia prosecution. The second problem is that, as the Justice Department has long held and as the immunity decision recognizes, there can be no criminal prosecution—even at the state level—of a sitting president. Trump would have no power to get rid of the case, but state prosecutors couldn’t proceed with it, either.

What then? Might prosecutors seek to somehow place the case on ice and unthaw it when Trump leaves office in 2028? “I think we are in an entirely uncharted territory,” Anthony Michael Kreis of Georgia State University College of Law, who has been following the Fulton County case closely, told me.

That leaves the New York case, in which Trump was already convicted on 34 felony counts in May. That verdict, which involved conduct unrelated to Trump’s official duties as president, should have been safe from the Supreme Court’s interference, but the Court contrived to meddle in the prosecution by inventing a bizarre rule largely prohibiting prosecutors from introducing evidence of official presidential acts, even when prosecuting unshielded private conduct. Trump immediately seized on this to argue that the verdict should be thrown out. As a result, his New York sentencing was delayed until after the election—it is now scheduled for November 26—and Justice Juan Merchan is set to rule on Trump’s immunity motion this coming Tuesday, exactly a week after the election.

Merchan once again finds himself in the unenviable situation of trying to work through how the law ought to apply to a particularly sui generis defendant. If the judge decides against tossing out the verdict and moves forward with sentencing, Trump’s defense lawyers may argue that sentencing should be put on hold until after Trump’s presidency. They could also seek to appeal any adverse immunity ruling in New York state courts and up to a potentially friendly Supreme Court. Trying to sort through what happens next requires traveling down the twists and turns of any number of fractals, but the bottom line is that the far-fetched scenario of a president being sworn in from the inside of a New York prison cell—always unlikely—is not going to occur.

All of this places Merchan in a very strange position. “Obviously the court is trying to proceed as if this is any other case, but it really isn’t,” Rebecca Roiphe, a former prosecutor in the Manhattan district attorney’s office and a professor at New York Law School, told me. But, she said of the New York case and the other Trump prosecutions, “from a perspective of the rule of law, it’s really important to follow it through to the end—even if in the end, it fizzles out.”

[Thomas Chatterton Williams: What the left keeps getting wrong]

Besides Trump, other defendants who participated in his various schemes now have new hope of reprieve. Across the country, state cases outside the president’s control are moving forward against people involved in the 2020 fake-electors plot. Will the new administration attempt to leverage threats or political pressure to push state prosecutors to drop these charges? In Florida, Trump has two co-defendants, men who allegedly helped him hide classified documents from the FBI. Will he pardon them as well? What will happen to the five unindicted co-conspirators whom Jack Smith lists as aiding Trump’s unlawful effort to hold on to power in 2020—might Smith recommend charges against them as well, perhaps forcing Trump to pardon them? Or will they slip away?

And then there are the other January 6 defendants—the people who broke into the Capitol on Trump’s command, and whom he has repeatedly indicated he will pardon upon retaking office. Already, one defendant, Christopher Carnell, has unsuccessfully asked for his federal case to be halted, because he is “expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office.” Lawyers for another defendant, Jaimee Avery, put the matter even more plainly in asking to delay her sentencing until after the inauguration: “It would create a gross disparity for Ms. Avery to spend even a day in jail when the man who played a pivotal role in organizing and instigating the events of January 6 will now never face consequences for his role in it.”

Legal arguments aside, they have a point. What moral logic is there to punishing rioters when American voters have decided to grant the instigator of the riot a free pass?