Trump's Legal Battles: Can He Still Run for President? What Happens if Convicted?
ICARO Media Group
As the first trial among the four approaches, many wonder whether a criminal conviction would hinder his potential presidential bid. Let's examine the facts to understand the situation.
Trump's legal predicaments include two state cases and two federal cases. One state case centers around alleged attempts to overturn his loss in Georgia during the 2020 presidential election. Another federal case charges him with knowingly promoting election fraud lies in 2020 to remain in power. Additionally, he faces charges of illegally retaining classified government documents upon leaving the White House, a violation of the Presidential Records Act.
Although Trump's court appearances often generate spectacle, it is essential to clarify that a conviction does not automatically disqualify him from running for president. The US Constitution outlines only three eligibility requirements for presidential candidates: being a natural-born US citizen, at least 35 years old, and having a residency period of at least 14 years in the country. Nowhere does it explicitly state that a convicted criminal cannot hold or run for the presidency.
While debates exist about whether a candidate involved in ongoing legal cases should run for office based on moral and judgment grounds, there are no overt laws or procedural barriers preventing Trump from pursuing a presidential campaign.
One argument opponents pose is the potential disqualification of Trump under the 14th Amendment of the US Constitution. Section 3 of this amendment states that individuals engaged in insurrection or rebellion after taking an oath to uphold the constitution are barred from holding any office under the United States. Activists seeking Trump's disqualification argue that his actions preceding the January 6, 2021 attack on the US Capitol constituted participation in an insurrection, as his claims about election fraud were seen as encouraging the mob. Some attempts have been made to remove Trump from primary ballots using this amendment.
However, in March 2024, the Supreme Court ruled against one such attempt in Colorado, stating that states lack the authority to bar individuals from running for federal office. The responsibility for enforcing section 3 of the 14th Amendment against federal officeholders rests with Congress. Given the current partisan divide in Congress, with Republicans having a majority in the House of Representatives and Democrats holding a slim majority in the Senate, it is highly unlikely that Trump would be disqualified based on the 14th Amendment.
Regarding Trump's voting rights, if convicted, it is unlikely that he would be able to vote for himself in the US election. Trump is registered to vote in Florida, where convicted felons are disenfranchised. While most felons in Florida regain their voting rights upon completing their sentences, including parole or probation and paying all fines and fees, Trump's parole may not be granted in time for him to regain the right to vote.
But what happens if Trump were to be imprisoned? Legally, he would still remain eligible to run for the presidency, even from behind bars. However, electing a president in such a situation poses logistical challenges never before faced in US history. Speculation suggests that Trump could potentially sue to be released on the basis that his imprisonment is impeding his constitutional duties as president.
In terms of dismissing or pardoning himself, Trump theoretically has the power to commute his prison sentence or issue a self-pardon. However, these actions would be extreme assertions of presidential power and would likely face scrutiny from the Supreme Court, where conservative justices hold a 6-3 majority. Alternatively, outgoing President Joe Biden could exercise his pardoning authority to pardon Trump if he were to win the election. Notably, presidential pardons apply only to federal cases, and presidents do not have the power to grant pardons for state convictions.
As Trump's legal battles unfold, the question of his eligibility to run for the presidency and the potential consequences of a conviction loom large. While constitutional language supports his ability to run, the outcome of these trials and their impact on his political future remain uncertain.