Not that it matters. Not a single case is going to be heard before the election, and the chances of a trial being held before the inauguration is essentially zero, especially after the recent Supreme Court ruling. If Trump wins the election, there is exactly nothing that would be able to stop him from being a free man, immune from all further prosecution, and literally able to do anything he wants with impunity when he wakes up in the morning on January 21, 2025.

Anyone saying this now is guaranteed to not even be employed by lunchtime on that morning, let alone pursuing a case against him.