Donald Trump‘s election victory forced the Justice Department to “end” federal criminal cases, but a top legal analyst believes the president-elect could still face prison time this month for his secret summer fine.

CNNThe senior legal analyst said Thursday that he still believes there is a “50-50” chance that New York Judge Juan Merchan will press for a sentencing hearing scheduled for Nov. 26 and order Trump, 78, to spend time behind bars.

“It’s definitely all in Judge Merchan’s hands,” Elie Honig told Jim Acosta during a live segment. “I think it would be a 50/50 decision whether this happens or not.”

Honig stated that Trump’s team argued that the hearing should not be held due to Trump’s status as president-elect. After all, the former president’s trials, handled by Jack Smith, are being wrapped up because Trump will soon have the authority to pardon him from any federal charges.

But Trump’s hush-hush trial (just like the racketeering charges in Georgia) is being tried at the state level, meaning the soon-to-be president does not have the constitutional authority to pardon himself for these serious crimes.

Merchan gave no indication that he plans to cancel Trump’s hearing in three weeks, but that could change at any time. He has already suspended the sentence twice; The last hearing on July 11 was postponed until after the election after the Supreme Court made a positive decision on Trump’s presidential immunity.

Trump could face prison time if Merchan, 62, continues the trial as planned this time or The first-time offender is on probation for 34 felonies.

But whatever happens in Merchan’s courtroom, Honig said it probably won’t matter to Trump in the near term. Even if he were to slap Trump with a prison sentence, Merchan said the Republican wouldn’t have to serve that sentence while moving into the White House or actually being in office.

“I think it would be formal or ceremonial if it comes to that,” Honig said of a possible sentence.

But under pressure from Acosta, Honig suggested there could be a scenario in which Trump could be sent behind bars. But for that to happen, Honig said the prison sentence would have to happen after Trump completes his second term, when he is 82.

That scenario would also require Trump to be sentenced to prison before he is sworn in on Jan. 20, Honig said. If that happens this month, Trump would likely be granted “pending bail,” which would allow him to remain free on bail. Appeals were filed in the courts and throughout his four-year tenure.

Honig despite Trump’s post-White House prison sentence technically possible – not likely to happen.

“If he gets sentenced to prison, I think you’ll be faced with the question of whether that sentence will actually be imposed, and I don’t know, he’ll be 82 years old at that point,” Honig said. “Maybe. I guess it’s theoretically possible, but that’s the gist of it.”

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