Donald Trump in 2023 became the first U.S. President to be indicted in the nation’s 234-year history—and has since broken that record three more times.
He has been charged in four separate criminal cases related to his business and political activities, bringing his total criminal charges to date to 91. More than a year later, only one case has so far resulted in a conviction, while the other three cases are moving slowly, setting up a long string of legal battles that won’t be resolved before the November 2024 election as Trump runs for President again.
A New York jury in May found Trump guilty of 34 felony counts over allegations that he falsified business records to conceal hush-money payments to a porn star. He will be sentenced on Sept. 18. The Republican presidential nominee is also facing four counts in Washington, D.C. related to his alleged efforts to overturn the 2020 election and 13 felony counts in Georgia in connection to his alleged attempts to overturn the 2020 election result in that state—though both cases have been stalled by legal challenges.
Trump’s other criminal case—40 felony counts in Florida for allegedly hoarding classified documents and obstructing the government’s efforts to retrieve them—was dismissed by a federal judge in July over concerns with the prosecutor's appointment. The Justice Department has appealed the judge’s ruling.
Trump, who turned 78 in June, has pleaded not guilty to all of the criminal charges, casting the indictments as politically motivated and referring to himself as a “proud political dissident.”
Here is a guide to Trump’s criminal cases and where they stand.
Hush-money case
Trump was convicted by a New York jury on May 30 of falsifying business records in connection with hush-money payments to Stormy Daniels, an adult-film actress who claimed she had a sexual encounter with him before the 2016 presidential election. The payments allegedly were made to keep her from speaking publicly about the affair in the final weeks of Trump’s presidential campaign. Prosecutors alleged that Michael Cohen, Trump’s personal attorney and “fixer” at the time, paid $130,000 to Daniels in October 2016. Once in the White House, Trump then allegedly reimbursed Cohen in a series of installment payments processed by Trump’s business, which prosecutors said were fraudulently disguised as corporate legal expenses in violation of New York law.
Charges
The charges against Trump in the hush-money case, brought on April 3, 2023, included 34 felony counts of falsifying business records in the first degree. Under New York law, falsifying business records is usually a misdemeanor but it can become a felony when there is an “intent to defraud” that includes an intent to “commit another crime or to aid or conceal” another crime. Prosecutors had been tasked with proving that Trump was guilty of maintaining false business records with the intent to hide a $130,000 payment in the days before the 2016 election to cover up an alleged 2006 affair. Manhattan District Attorney Alvin Bragg, who brought the charges, has said that the alleged payment scheme was intended to cover up violations of New York election law, which makes it a crime to conspire to illegally promote a candidate. He also said the $130,000 payment exceeded the federal campaign contribution cap. Trump pleaded not guilty to all the charges.
Status
Following a historic six-week trial, Trump was found guilty of all 34 counts by a unanimous verdict on May 30. Judge Juan Merchan was set to deliver sentencing on July 11, but he agreed to postpone the date to September 18 so he could weigh the possible impact of a recent Supreme Court ruling on presidential immunity. Trump has said that he plans to appeal the conviction.
Read More: What Happens Next Now That Trump Has Been Convicted? Your Questions, Answered
While Trump could face up to four years in prison for the charges, legal experts are skeptical the judge will sentence him to a period of incarceration. Most first-time offenders in non-violent cases are sentenced to probation and fines instead. But if incarcerated, convicted felons sentenced for less than a year are generally sent to New York City’s Rikers Island, while sentences beyond a year would generally be served in one of New York’s 44 state prisons.
Trump would not be able to try to pardon himself of his felony conviction if he's elected President again. Falsifying business records is a state crime and only the New York governor, a Democrat, could pardon him.
Legal experts believe this case will be the only one of Trump’s four criminal cases to result in a verdict before the November election.
Judge
New York Supreme Court Justice Juan Merchan is presiding over the criminal proceedings and sentencing in Trump’s hush money case. Even before the 2024 trial, the two had some history: Merchan oversaw the five-week tax fraud trial of Trump’s family real estate business, the Trump Organization, which ended in December 2022 with a conviction and $1.6 million in fines. Trump has previously lashed out at Merchan on social media, declaring that the judge “HATES ME” and requesting that he be removed from the case. Trump also attempted to move the case from state court to federal court, but the maneuver was unsuccessful. His legal team has noted that during the 2020 campaign, Merchan made three contributions totalling $35 that were made to Democratic causes, including a $15 donation to Trump’s chief rival, President Joe Biden. Merchan has said that he is certain of his “ability to be fair and impartial.”
Georgia election interference case
Fani Willis, the Fulton County District Attorney, began investigating Trump in early 2021 after a recording was released of the former President asking Georgia's Republican Secretary of State Brad Raffensperger to "find" 11,780 votes—one more than the margin of his loss in the decisive swing state. Raffensperger refused. At the time of the call on Jan. 2, 2021, Georgia officials had already counted the votes three times, won multiple lawsuits over the outcome, and debunked extravagant fraud claims by Trump's team. At each turn, Joe Biden’s victory was confirmed. Trump has said he did nothing wrong, describing the phone call with Raffensperger as “absolutely perfect.”
The Fulton County investigation expanded to other alleged efforts by Trump and his allies, including the breach of voting data in Georgia’s rural Coffee County, the targeted abuse and harassment of state election workers, and the orchestrated attempt to send alternate electors slates to Congress to undermine the will of the voters.
Charges
On Aug. 14, 2023 Trump was charged with 13 counts in the Georgia election interference case, including violating state racketeering laws and soliciting a public official to violate his oath of office, conspiring to commit forgery in the first degree, conspiring to file false documents, and making false statements.
The indictment accuses 19 named defendants of criminal wrongdoing, including former White House chief of staff Mark Meadows and legal adviser Sidney Powell, and contains a total of 41 state-law felony charges. They collectively face a gamut of different charges but are all being prosecuted under the Georgia Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO. That law has typically been used to prosecute members of the mob and allows prosecutors to bundle together disparate crimes if those crimes are perceived to be in support of a common objective.
Status
A trial date for Trump has not yet been set, and the Georgia case is now snarled in legal challenges over Willis’ personal relationship with Nathan Wade, the lawyer she appointed to lead the investigation into Trump. The defendants tried to get Willis disqualified from the case over the relationship, but the judge allowed her to continue with the prosecution on the condition that Wade resigned. Trump is currently appealing the decision at the Georgia Court of Appeals, which has paused proceedings in the case until the lawsuit is resolved. A trial is not likely to be scheduled before Election Day.
If Willis is removed from the case, Georgia’s Republican executive director of the Prosecuting Attorneys’ Council—Pete Skandalakis—would be forced to find another prosecutor to take it on. A new prosecutor could then modify or drop the case against Trump.
Already, four defendants in the case have pleaded guilty: ex-Trump attorneys Jenna Ellis, Sidney Powell and Kenneth Chesebro and Atlanta-based bail bondsman Scott Hall. After investigating Trump and his allies for nearly two years, Willis spent last summer presenting her evidence to a grand jury, which approved a 98-page indictment in August 2023. Trump was booked at the Fulton County Jail on Aug. 24 but avoided having to wait behind bars by negotiating a $200,000 bail agreement in advance of his court appearance. Willis has proposed a trial date of August 5, 2024.
Judge
Fulton County Superior Court judge Scott McAfee was randomly assigned to oversee the Georgia case brought against Trump and 18 others. The judge was appointed to the bench by Georgia Republican Gov. Brian Kemp after previously serving as inspector general for the state from 2021 to 2023. One of his first jobs out of law school was in the Fulton County District Attorney’s Office, where he worked under Willis. In June 2023, McAfee fined pro-Trump attorney Lin Wood $5,000 in contempt of court for violating a non-disparagement injunction.
Jan. 6 election case
Federal prosecutors led by special counsel Jack Smith have accused Trump of trying to overturn the outcome of the 2020 presidential election to falsely claim victory. The investigation into his efforts to remain in power after losing the election follows the work of the House Select Committee that investigated the Jan. 6, 2021 attack on the Capitol, which voted in December 2022 to refer Trump and his attorney John Eastman to the Justice Department for prosecution.
Smith's prosecutors have alleged that Trump repeatedly lied about voter fraud, urged Republican state officials to undermine the results in states that Joe Biden won, assembled false slates of electors, and pressured Vice President Mike Pence to unilaterally reject the election results. The wide-ranging effort to hold onto power reached a crescendo on Jan. 6, when a mob of Trump supporters stormed the Capitol and disrupted the Electoral College certification.
Charges
A Washington grand jury voted to indict Trump on Aug. 1, 2023 after hearing months of testimony from his former aides and Administration officials, including Pence. Trump has been charged with four crimes in the investigation, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding, and conspiracy against rights in connection to alleged attempts to oppress citizens in their right to vote in an election.
In the 45-page indictment, the Justice Department accused Trump of repeatedly lying about election malfeasance even though he knew those claims were false. It alleges that multiple administration officials told him there was no widespread fraud that would have changed the election outcome, including Pence, senior DOJ officials, Director of National Intelligence John Ratcliffe, and senior White House attorneys.
The indictment also details private phone calls in the days before the Jan. 6 attack between Trump and Pence, who took “contemporaneous notes” of the conversations, according to the indictment. In one of them, Trump allegedly told his Vice President he was “too honest" after Pence said he didn’t have the authority to reject the election results. By the time Trump’s efforts to override the election had culminated on Jan. 6, the indictment alleges, Trump exploited the violence refusing to approve a message directing rioters to leave the building. Yet even after the crowd dispersed hours later, Trump would not relinquish his claims that the election was rigged. “The White House counsel called the defendant to ask him to withdraw any objections and allow the certification,” the indictment says. “The defendant refused.”
In a Truth Social post published shortly before the DOJ announced the charges, Trump called the indictment “fake” and accused Smith of trying to “interfere” with the 2024 election.
Status
A trial was scheduled to start March 4 but was postponed so that the Supreme Court could weigh in on Trump’s claim that he has presidential immunity from prosecution. After the Supreme Court ruled on July 1 that presidents have “absolute” immunity from prosecution for clearly official acts, the Washington, D.C. case was sent back to a lower court to determine which acts alleged in the indictment are official.
U.S. District Judge Tanya Chutkan, who is overseeing that case and was appointed by former President Barack Obama, will be tasked with sifting through the allegations in the indictment to separate Trump’s official acts as President from private ones, when he was acting as a presidential candidate. Trump’s lawyers are also expected to request the judge dismiss the case over the prosecutor’s appointment after his Florida case was dismissed for that reason.
A trial is not likely to be scheduled before Election Day. If Trump is elected President, he could order the Justice Department to drop the charges against him in this case.
Judge
U.S. District Judge Tanya S. Chutkan was assigned to oversee Trump’s case in Washington. Appointed by former President Barack Obama, Chutkan has emerged as one of the toughest jurists in cases against Jan. 6 rioters and has previously squelched an effort by Trump to use executive privilege to withhold White House communications from the House select committee investigating the Capitol riot. “Presidents are not kings, and Plaintiff is not President,” Chutkan said in her November 2021 ruling. Chutkan will have broad authority over both the pace of the proceedings and a slew of pretrial litigation, such as what information can be admitted as evidence. She has said that Trump’s political schedule would not affect her decisions.
Classified documents case
In the other investigation run by Smith’s team—which has since been dismissed by the judge—federal prosecutors have accused Trump of violating the Espionage Act by illegally holding on to 31 classified documents containing national defense information after he left the White House in January 2021. Prosecutors also charged Trump and two others with a conspiracy to obstruct the government’s repeated attempts to reclaim the classified material from his Mar-a-Lago resort, where the documents were stored haphazardly. Smith's team claimed that Trump directed Walt Nauta, one of his personal aides, to move boxes so the FBI and Trump’s own lawyer would not discover some of the classified material. Prosecutors say that Trump showed classified documents to individuals who were not authorized to view them on at least two occasions. One of the meetings during which Trump allegedly showed off a classified Pentagon document about attacking Iran was captured in an audio recording, and Trump can be heard rustling paper and describing the material as a secret. “As President, I could have declassified, but now I can't,” he said. The classified documents that Trump allegedly took included White House intelligence briefings, communications with foreign leaders, assessments of U.S. and foreign countries' military capabilities, and reports on military activities, prosecutors say.
Charges
Trump was charged with 40 felony counts in the classified documents case, of which 32 are related to willful retention of national defense information in violation of the Espionage Act, while the remaining are related to obstructing justice and making false statements. Under the Espionage Act, it is a crime to retain records containing sensitive national security information.
Trump was charged—along with Nauta—on June 9, 2023, and pleaded not guilty at an arraignment in Miami four days later. (Nauta also pleaded not guilty to his charges.) Smith’s team unveiled a superseding indictment on July 27, 2023 adding three new felonies against Trump and two new felony charges against Nauta, as well as a third defendant: Carlos De Oliveira, a Mar-a-Lago employee who is accused of engaging in a plot to delete security footage after the government issued a subpoena for it. De Oliveira made his first court appearance on July 31, 2023 and was released on a $100,000 personal surety bond.
Status
U.S. District Judge Aileen M. Cannon on July 15 granted Trump’s request to dismiss the case, ruling that the prosecutor who brought the case was illegally appointed by the Justice Department. The dismissal marked a significant legal victory for Trump in what many considered to be the most clear-cut of his four criminal cases. Cannon said that Smith’s appointment as special counsel violated the Constitution’s appointment’s clause and appropriations clause because he was appointed by Attorney General Merrick Garland instead of being confirmed by Congress. Other courts had rejected similar arguments.
The Justice Department appealed the decision after Cannon indefinitely postponed the trial. "The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel," said Peter Carr, a spokesperson for Smith's office. "The Justice Department has authorized the Special Counsel to appeal the court’s order.”
The Justice Department opened its investigation into Trump’s retention of classified documents in early 2022, followed by an FBI search of his resort that yielded 102 documents with classified markings.
Judge
The case was assigned to Cannon, a Trump appointee who has a history of issuing rulings that are favorable to Trump. In 2022, she allowed a special master to review evidence seized from Mar-a-Lago in the classified records probe—an order that was later reversed by a three-judge federal appeals panel. If the appeal is successful and the trial continues, Cannon will have the authority to determine whether information obtained from Trump’s lawyers can be admitted as evidence. She has signaled that she plans to hold several pretrial hearings on more than a dozen defense motions and that “there needs to be some space in the schedule” to allow for flexibility.
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Write to Nik Popli at nik.popli@time.com