It’s hard to keep track of the various mounting legal woes facing former president Donald Trump.

News broke last night that Trump is now the first former or sitting president to face federal criminal charges, stemming from allegedly withholding classified documents after he left the White House. He is also facing criminal charges in New York and is the subject of another criminal investigation in Georgia.

So which case gets priority and moves forward before the others?

There’s no precedent for a legal maze like the one presently unfolding, writes University of Virginia criminal law scholar Darryl K. Brown.

“Nothing in the U.S. Constitution or federal law dictates that, say, federal criminal cases get priority over state cases, or that prosecutions proceed in the order in which indictments are issued,” he explains.

But in some other high-profile cases, federal charges have taken precedence over ones issued at the state level. And in Trump’s case, the federal charges are likely to carry longer potential sentences than the state offenses.

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Amy Lieberman

Politics + Society Editor

Former President Donald Trump speaks at a campaign event in New Hampshire on April 27, 2023. Jabin Botsford/The Washington Post via Getty Images

Do federal or state prosecutors get to go first in trying Trump? A law professor untangles the conflict

Darryl K. Brown, University of Virginia

If a person – in this case, the former president of the United States – is charged by federal and state prosecutors, or prosecutors in different states, at the same time, which case goes first?

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