Trump Will Still Be President if Convicted of Criminal Charges
Recent developments have seen ex-President Donald Trump’s legal predicaments intensify, casting a shadow over his political prospects. The accumulation of
Nik Richie
Recent developments have seen ex-President Donald Trump’s legal predicaments intensify, casting a shadow over his political prospects. The accumulation of criminal charges against him, if proven in court, not only jeopardizes his standing within the political arena but could also result in his imprisonment.
In a significant turn of events, the ex-president and frontrunner for the 2024 Republican nomination found himself indicted last week in Washington. The charges revolve around allegations of orchestrating efforts to overturn the outcome of the 2020 election, supplementing ongoing legal cases in New York and Florida. Another indictment in Georgia looms on the horizon, potentially imminent.
This unfolding situation presents an unprecedented scenario, as no previous occupant of the White House has encountered criminal charges of this nature. Consequently, uncertainties surround the potential consequences should Trump be found guilty.
These indictments have generated a plethora of legal and constitutional inquiries, some of which have straightforward resolutions while others remain more enigmatic.
Can Trump Pursue Presidency if Convicted?
Broad consensus exists on this matter: even in the event of a conviction, Trump would face no constitutional impediments to seeking the presidency once more.
The U.S. Constitution outlines solely three prerequisites for presidential candidates: attainment of natural-born American citizenship, a minimum age of 35, and a residence in the nation for no less than 14 years.
Trump satisfies all these conditions, and the prevailing opinion among constitutional scholars is that states cannot impose supplementary requirements on aspiring presidential contenders.
Eugene Mazo, a distinguished authority on election law and incoming faculty member at Duquesne University, asserts that not even candidates with “mental incapacity” can be barred from the race “since the Constitution enumerates all the prerequisites.”
Mazo elaborated during a conversation with VOA, indicating that any additional stipulations necessitate a constitutional amendment.
Recent instances, such as legislation in states like California and New Jersey demanding presidential candidates to disclose their tax returns, were invalidated on constitutional grounds, as Mazo explained.
Consequently, this implies that states lack the authority to exclude Trump from the ballot through legislation stipulating that presidential hopefuls must possess an untarnished criminal record.