Where do Trump's criminal cases stand?

(NewsNation) — Former President Donald Trump is facing 91 felony counts over four criminal cases, which are making their way through the criminal system at different paces. 

The first trial in New York will likely be the only trial that will wrap up before the November election. All eyes are on the case, which could tee up how the other three could potentially be shaped. 

Here’s a look at where each of them stand: 

New York hush money case 

What to Know: The New York criminal case against Trump stems from accusations he made hush money payments during the 2016 presidential campaign to bury allegations of extramarital sexual encounters. Trump pleaded not guilty to 34 felony counts of falsifying business records. 

The counts are linked to a series of checks that were written to his lawyer Michael Cohen to reportedly reimburse him for his role in paying off porn actor Stormy Daniels, who says she had sex with Trump in 2006. Those payments were recorded in various internal company documents as being for a legal retainer that prosecutors say didn’t exist. 

Where do Trump's criminal cases stand?
Former President Donald Trump sits inside Manhattan Criminal Court, Thursday, May 2 2024. (Mark Peterson/Pool Photo via AP)

Hush money payments are not illegal, but the Manhattan District Attorney’s Office alleges Trump committed a crime by improperly recording the money he reimbursed Cohen as legal expenses. They also accused him of falsifying business records to conceal a violation of state election law.

Status: Closing arguments are expected Tuesday in the five-week-long trial.  The jury will then deliberate. 

What experts say: Former FBI director James Comey told NewsNation on Wednesday that he expects the former president will be convicted in the hush money case brought by the Manhattan district attorney.

“There’s an overwhelming chance of a conviction, a significant but much smaller chance of a hung jury, and zero chance of an acquittal,” Comey said on NewsNation’s “Dan Abrams Live.“

Comey said prosecutors built a strong circumstantial case that should resonate with jurors despite the unusual nature of the charges involving a payoff to a porn star before the 2016 election.

But attorney Rachel Kugel told NewsNation that the case against Trump is “flimsy” and “should never have been brought.” Kugel argued that there is no real crime underlying the charges and that New York prosecutors made a far reach with the charges. 

Trump’s classified documents case 

What to know: Special counsel Jack Smith led two federal probes related to Trump, and his first charge stems from the former president’s handling of several hundred classified documents found at his Mar-a-Lago estate in Florida.

The indictment alleges that Trump repeatedly enlisted aides and lawyers to help him hide records demanded by investigators and also showed off a Pentagon “plan of attack” and classified map. Some of the documents were marked as “top secret.”

A superseding indictment issued in July added charges accusing Trump of asking for surveillance footage at his Mar-a-Lago estate to be deleted after FBI and Justice Department investigators visited in June 2022 to collect classified documents he took with him after leaving the White House.

The new indictment also charges him with illegally holding onto a document he’s alleged to have shown off to visitors in New Jersey.

FILE - This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump's Mar-a-Lago estate. Trump's lawyers have asked a judge to postpone his Florida classified documents trial until after next year’s presidential election. The lawyers say they have not received all the records they need to prepare Trump's defense. (Department of Justice via AP, File)
FILE – This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump’s Mar-a-Lago estate. Trump’s lawyers have asked a judge to postpone his Florida classified documents trial until after next year’s presidential election. The lawyers say they have not received all the records they need to prepare Trump’s defense. (Department of Justice via AP, File)

Walt Nauta, a valet for Trump, and Carlos De Oliveira, the property manager at Trump’s Florida estate, have been charged in the case with scheming to conceal surveillance footage from federal investigators and lying about it.

Trump, who has pleaded not guilty, faces 40 felony charges in the classified documents case. 

Status: The trial start date in the classified documents case in Florida had been set for May 20, but the judge overseeing that case said May 7 that the trial is “indefinitely postponed.”

What the experts say: The delay in the case has brought on discussion among jurists. Jeffrey Swartz, a professor at Cooley Law School and former judge in Florida, said “this case should be over already” instead of being delayed. “There was nothing in this case that complex” that distinguishes the classified documents case from the other more legally intricate criminal cases. 

“It may be that the judge is just afraid of making a mistake, but delaying it just puts it off,” said Kevin McMunigal, a Case Western Reserve University law professor. “Eventually, she’s going to have to make a decision about these.”

Jan 6 investigation into election interference

What to know: Trump was indicted in the District of Columbia on felony charges claiming he worked to overturn the results of the 2020 election in the run-up to the violent riot by his supporters in the U.S. Capitol on Jan. 6, 2021. This was Smith’s second probe into Trump. 

The four-count indictment includes charges of conspiracy to defraud the United States government and conspiracy to obstruct an official proceeding, referring to the congressional certification of President Joe Biden’s victory.

The indictment accuses Trump of repeatedly telling supporters that he had won the election, despite knowing that was false, and describes how he tried to persuade state officials, then-Vice President Mike Pence and finally Congress to overturn the legitimate results.

Status: The trial was originally set for a March 4 start date amid Trump’s claims of presidential immunity being weighed by an appeals court. The Supreme Court has now taken up the issue, and the trial remains on hold pending their decision. 

What experts say: NewsNation legal contributor Jesse Weber said the immunity claim is a “losing argument” for Trump but says the Supreme Court could rule presidents have “partial immunity” in some cases.

“The idea of saying a president has blanket immunity is not going to work,” he said.

Former Manhattan prosecutor Sandra Musumeci told NewsNation that if the justices were to rule for Trump, they will need to set up some “threshold determination” of whether a charge is an official act thereby opening up a bag of worms.

FILE - Supporters of Donald Trump participate in a rally in Washington, Jan. 6, 2021. The Supreme Court is hearing arguments Tuesday, April 16, 2024, over the charge of obstruction of an official proceeding that has been brought against 330 people, according to the Justice Department. The charge refers to the disruption of Congress' certification of Joe Biden's 2020 presidential election victory over former President Trump. Trump faces two obstruction charges. Next week, the justices will weigh whether Trump can be prosecuted at all for his efforts to overturn the 2020 election results. (AP Photo/John Minchillo, File)
FILE – Supporters of Donald Trump participate in a rally in Washington, Jan. 6, 2021. The Supreme Court is hearing arguments Tuesday, April 16, 2024, over the charge of obstruction of an official proceeding that has been brought against 330 people, according to the Justice Department. The charge refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over former President Trump. Trump faces two obstruction charges. Next week, the justices will weigh whether Trump can be prosecuted at all for his efforts to overturn the 2020 election results. (AP Photo/John Minchillo, File)

Election interference case in Georgia 

What to know: Trump and 18 others are charged with violating the state’s anti-racketeering law by allegedly scheming to illegally overturn his 2020 election loss. 

The August indictment accuses Trump and his allies of suggesting Georgia’s Republican secretary of state could “find” enough votes for him to win the battleground state, of harassing an election worker who faced false claims of fraud and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of Electoral College electors favorable to Trump.

Status: A trial date for Trump and the others has not yet been set, but prosecutors have proposed August 5. The case will likely be delayed as it has been consumed by revelations of a personal relationship between Fulton County District Attorney Fani Willis, whose office brought the case, and special prosecutor Nathan J. Wade, whom she hired. Trump is seeking to disqualify Willis. 

What experts say: Much of the discussion surrounding this case has been about whether Willis has a conflict of interest and if Wade benefited from that relationship.

Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Trial attorney Michelle Thomas told “NewsNation Now” that Trump’s defense “did not necessarily show that there was a financial benefit and therefore a conflict of interest that justifies the disqualification of the of the prosecutor or special prosecutor.”

“I do expect the court to issue a ruling that identifies the weaknesses certainly with credibility issues and testimony and on Fani Willis’ part, but do I think it rises to the level of disqualification? I did not,” she said.

Thomas said the allegations against Willis had nothing to do with election fraud and therefore she should not be taken off the case.

The Associated Press contributed to this story.

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