Donald Trump’s victory over Kamala Harris immediately sparked questions about the viability of the various criminal cases against him, including whether he will be sentenced as planned this month – and whether he might pardon himself.

Trump, who was convicted of 34 felonies in May this year and will become the first U.S. president with a criminal record, is also facing charges in other state and federal courts over his apparent efforts to disrupt the electoral process and hoard confidential documents.

The president-elect also faces hundreds of millions in civil penalties for sexual abuse, defamation and fraud.

Trump’s delay-based legal strategy, which has proven highly successful for him, could see him avoid punishment and prison in his New York hush money case.

After the trial and guilty verdict, Trump was scheduled to be sentenced first in July and then in September. Trump’s lawyers then asked Judge Juan Merchan for a postponement this summer so he could weigh the U.S. Supreme Court’s decision that granted former presidents broad immunity for official acts.

The decision said unofficial acts do not confer immunity, and his trial in New York focused largely on his efforts in 2016 to cover up negative stories about an alleged sexual encounter with an adult film star that occurred before his time in the White House.

However, some of the prosecution’s evidence at the trial concerned personal actions Trump took during his presidency, and in September Merchan decided to postpone Trump’s scheduled sentencing this month to November 26 – after the election. He said he agreed to defer the proceedings “to avoid any appearance, however unjustified, that the proceedings were influenced or attempted to be influenced by the upcoming presidential election for which the defendant is running.”

Merchan also said he will decide on his presidential immunity on November 12, which could well invalidate the conviction if he rules in favor of Trump.

U.S. presidents have the power to pardon all federal criminal charges, and some legal scholars believe that includes self-pardons.

However, the pardon power does not apply to state cases, so Trump cannot pardon himself for the crimes.

But the chance he will be convicted now in Manhattan is slim, even if the case outlives his claim to presidential immunity. As Politico pointed out, Trump’s lawyers will almost certainly argue that he should not return to court during the presidential transition.

It adds that in the seemingly unlikely event that Merchan actually sentences Trump to prison, it is unlikely that he would serve a day behind bars until the end of his term as president in 2029. The same is likely to apply if he is sentenced to community service or house arrest. Given that his lawyers are prepared to argue that an incoming or sitting president should not serve a prison sentence, Politico noted.

Trump faces several other criminal charges. He is charged in Fulton County, Georgia with attempts to undermine the 2020 election. That case remains on hold pending appeal following a scandal in which District Attorney Fani Willis apparently hired the man she was having an affair with as one of the prosecutors.

According to reports, this case could almost certainly not be reopened until 2029.

Trump is also facing charges in Washington DC for interfering with the federal election.

Another case against him alleging he illegally retained top-secret government documents after leaving the White House was dismissed in South Florida after Trump-appointed Judge Aileen Cannon cited the Supreme Court’s decision. Prosecutors are appealing.

The Justice Department has long held that a sitting president cannot be prosecuted, and the president appoints the attorney general, who leads the Justice Department and decides which prosecutions it pursues — or abandons. The attorney general also leads the appointment of special counsel: Joe Biden’s Attorney General Merrick Garland appointed Jack Smith as special counsel in the federal cases against Trump in 2022.

Trump said he would fire Smith “within two seconds.”

On Wednesday morning, when the election results appeared to be clearly in Trump’s favor, Senator Lindsey Graham, a Trump supporter, expressed a similar opinion, writing in a social media post addressed to Smith and his team:

“It is time to look forward to a new chapter in your legal career as these politically motivated allegations against President Trump reach their limits.

“The Supreme Court has essentially rejected your intentions, and after tonight it is clear that the American people are tired of litigation. Put an end to these cases. The American people deserve restitution.”

As for the civil lawsuits against him, Trump’s return to the White House does not provide the same level of protection. In Clinton v. Jones, the Supreme Court ruled that a sitting president could be sued, allowing Paula Jones’ federal sexual harassment lawsuit against Bill Clinton to proceed while Clinton remained president. Trump is appealing decisions in his civil lawsuits over sexual abuse and financial fraud.