Special counsel Jack Smith’s recent motions to dismiss two federal cases against Donald Trump have profoundly reshaped the president-elect’s legal landscape, marking a significant shift in the former president’s journey back to the White House.
On Monday, Smith filed to drop all four felony charges related to Trump’s efforts to overturn the 2020 presidential election and his alleged role in the January 6, 2021, attack on the U.S. Capitol. He also moved to dismiss the case regarding Trump’s handling of classified documents found at his Mar-a-Lago estate in Palm Beach, Florida, after he left office in January 2021.
The dismissal of these federal cases—a decision widely seen as inevitable—marks a turning point in Trump’s legal saga. The weight of prosecution has now shifted squarely onto state-level cases, where the stakes remain high. Unlike federal cases, state prosecutions are not bound by Department of Justice policies, which prohibit the indictment of a sitting president.
While the president-elect secured two major wins, the courtroom battles are far from over. Trump still faces legal hurdles in New York and Georgia.
New York: Hush Money Case
Trump’s recent electoral victory has delayed any immediate consequences in his New York hush money case, in which he was already found guilty.
On Friday, Judge Juan Merchan indefinitely postponed sentencing, initially rescheduled for the week after the election. This delay followed Trump’s defeat of Vice President Kamala Harris in the 2024 presidential election on November 5.
No new sentencing date has been set, but Merchan granted Trump’s legal team until December 2 to file arguments for dismissal based on his election victory. Prosecutors have one week to respond.
The judge also postponed ruling on Trump’s motion to dismiss the case on the grounds of presidential immunity, which he had initially planned to address by November 19.
If sentencing proceeds, Merchan will face the unprecedented decision of whether to impose a prison sentence—potentially up to four years—on a president-elect set to take office in January.
New York: Business Fraud Allegations
Trump is also embroiled in a civil fraud trial led by New York Attorney General Letitia James, who accuses him and the Trump Organization of inflating property values to secure favorable loans and insurance terms.
Judge Arthur Engoron has already ruled that Trump committed fraud in some instances. However, the trial will determine penalties, which could include a $250 million fine and restrictions on Trump’s business operations in New York.
Trump has dismissed the case as politically motivated, framing it as part of a broader effort to undermine his 2024 presidential campaign.
New York: Carroll Cases
Trump owes nearly $90 million in judgments to writer E. Jean Carroll, who won two federal lawsuits against him. Juries found that Trump sexually abused Carroll in the 1990s and later defamed her when she publicly shared her story. Trump has appealed both verdicts.
Georgia: Election Interference Case
In Georgia, Trump faces charges stemming from alleged efforts to overturn the 2020 election results in the state. A Fulton County grand jury indicted Trump and 18 others in August 2023.
Four codefendants have pleaded guilty under plea agreements, while Trump and the remaining defendants maintain their not-guilty pleas. Oral arguments are scheduled for December 6, 2024, but the case has encountered delays due to legal disputes, including efforts to disqualify Fulton County District Attorney Fani Willis.
With Trump set to return to the White House in January, the future of the Georgia case remains uncertain, even if the Court of Appeals ultimately rules against disqualifying Willis.