Opinion | Trump Faces Five Major Investigations. He Has Dozens of Ways Out.


By Ankush Khardori

Illustrations by Antonio Giovanni Pinna

Mr. Khardori is a lawyer and legal analyst. He spent several years as a prosecutor at the Department of Justice. Before he joined the federal government, he defended corporate clients against charges of fraud and other crimes.

Donald Trump and his business empire are currently the subjects of no fewer than five major simultaneous investigations, a truly extraordinary challenge for anyone, let alone a former and possibly future president of the United States. These are complicated investigations, with long and winding paths to resolution. They involve scores of federal and state investigators and witnesses across the country, from politicians eager to shield themselves from scrutiny to employees turning on their colleagues to a former president who knows how to navigate — and manipulate — the legal system like no one else.

Trump is facing five major investigations

The public has very little visibility into how these investigations are proceeding day by day, as government officials quietly gather evidence and plan their next moves. Any number of unexpected developments — surprise witnesses, hung juries and perhaps even a special counsel empowered to oversee Justice Department investigations — could slow or derail their work. The announcement of Mr. Trump’s candidacy for president does not halt any of these investigations, but it could affect how prosecutors weigh their options, and his uniquely polarizing status could affect how judges and juries resolve any cases that make it to trial. Were he to win the election, he could put an end to any pending federal prosecutions or investigations once in office. Even at this stage, some potential scenarios are possible to discern, including the possibility — however improbable it may seem — that all of the investigations resolve in his favor, with no conviction and no serious legal consequences. Based on interviews with experts and analysis of media reports, as well as of the law itself, here is a close look at some of the paths by which such an outcome could come to pass.

Below we illustrate the likely key steps for prosecutors and other enforcement officials, as well as offramps Mr. Trump could use to stay out of prison or otherwise mitigate the possible repercussions from these probes.

The Classified Documents Investigation

Did Trump illegally remove classified documents from the White House and obstruct investigators?

pretrial

The Justice Department concludes its investigation

Offramp
Justice Department decides not to bring charges

Justice Department decides to bring charges

run

Offramp
Trump barrels ahead with his presidential campaign—now under indictment

win

Trump is elected president

documents 2 f

trial

Offramp
Trump gets case dismissed

hung jury

Justice Department admits defeat and decides not to try Trump again

documents 3 f

posttrial

Offramp
Trump argues against prison sentence

Offramp
Trump drags out sentencing process until after election

win

Trump is elected president

Offramp
Trump tries to get verdict thrown out

Trump asks judge to overturn verdict

Trump turns to court of appeals

scotus

The Supreme Court makes final decision, affirming or overturning conviction

run

Offramp
Trump runs for president from prison

win

Trump is elected president and, still in prison, promptly pardons himself

The January 6th Investigation

Did Trump try to incite an insurrection, commit election fraud or fraudulently fund-raise in the run-up to Jan. 6?

january 1 f

pretrial

Prosecutors look closely at the days and weeks before the riot

Offramp
Trump successfully invokes executive privilege

Offramp
Justice Department decides not to bring charges

Justice Department decides to bring charges

Justice Department charges Trump based on violence at Capitol

Justice Department charges Trump over fake electors scheme

Justice charges Trump with fraudulent fund-raising tactics

Justice charges Trump with … something else

run

Offramp
Trump keeps running for president — even after the indictment

win

Trump is elected president

january 2 f

trial

Offramp
Trump moves to dismiss case

Justice Department admits defeat and decides not to try Trump again

january 3 f

posttrial

Offramp
Trump argues against a prison sentence

Offramp
Trump drags out sentencing process until after election

run

Trump runs for president while awaiting sentencing

win

Trump is elected president

Offramp
Trump tries to get verdict thrown out

Trump turns to a court of appeals

scotus

Supreme Court makes final decision, affirming or overturning conviction

run

Offramp
Trump runs for president from prison

win

Trump is elected president

The Manhattan District Attorney’s Investigation

Did the Trump Organization commit tax fraud or other financial crimes?

manhattan 1 f

pretrial

manhattan 2 f

trial

Offramp
Jury acquits Trump Organization

manhattan 3 f

posttrial

Offramp
Trump Organization appeals

Offramp
Trump Organization suffers no major fallout

The Georgia Election Investigation

Did Trump break the law to try to overturn his 2020 election loss in Georgia?

georgia 1 f

pretrial

Offramp
Trump allies avoid testifying

Offramp
D.A.’s office backs down and decides not to charge Trump

D.A.’s office brings charges

run

Offramp
Trump forges ahead with his presidential campaign — now under indictment

georgia 2 f

trial

Offramp
Trump moves to dismiss case

Offramp
Trump moves case to federal court

Offramp
Jury acquits Trump

hung jury

D.A.’s office admits defeat and decides not to try Trump again

georgia 3 f

posttrial

Offramp
Trump avoids prison

Offramp
Trump delays sentencing and keeps campaigning

win

Trump is elected president

Offramp
Trump tries to get verdict thrown out

Trump turns to appeals court

scotus

win

Offramp
Trump is elected president

The New York State Civil Case

Did Trump and his children lie to lenders and insurers about the Trump Organization’s financial condition?

civil 1 f

pretrial

Offramp
Trump settles with A.G.’s office

civil 2 f

trial

Offramp
Trump gets the case dismissed

Offramp
Trump mounts successful defense

civil 3 f

posttrial

Attorney general wins at trial

Offramp
Trump argues for low monetary penalty



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