Trump can run for president despite being indicted or convicted.
Former President Donald Trump Pleads Not Guilty to 37 Felony Counts
In a dramatic turn of events, former President Donald Trump turned himself over to authorities at a Miami courthouse on Tuesday, where he pleaded not guilty to 37 felony counts. Despite the indictment, Trump remains eligible to run for another term in the White House.
The Charges Against Trump
The charges against Trump stem from his handling of sensitive documents. He is accused of retaining national defense information, attempting to obstruct justice, and lying to investigators. However, even if he is convicted, the Constitution does not prohibit Trump from running for the presidency.
Constitutional Requirements for Presidential Candidates
The U.S. Constitution requires a person to be a natural-born citizen, at least 35 years old, and a resident of the U.S. for at least 14 years. While the Constitution specifies that certain things disqualify a person from being elected president, none of them apply to Trump’s criminal case — as long as he at least avoids impeachment by the House followed by a conviction in the Senate.
Impeachment and Conviction
If a president is impeached by the House and convicted by the Senate of high crimes and misdemeanors, he is removed from office and barred from serving again. Trump, while impeached by the House twice, was never convicted by the Senate.
The 14th Amendment and Trump’s Eligibility
The 14th Amendment includes a “disqualification clause” intended to prevent former Confederate soldiers from holding office. Some on the Left argue that Trump should be barred from holding office based on the January 6 riot, which many claim was an “insurrection,” but stopping Trump from running based on the 14th Amendment would have to take a long road through the courts and is unrelated to the indictment for his handling of classified documents.
Trump’s Pardon Power
If Trump wins his second term in office, he could pardon himself, as the Constitution only stops a president from granting a pardon “in cases of impeachment.”
Trump Vows to Stay in the Race
Despite the charges against him, Trump remains a leading contender in the 2024 GOP primary polls. In fact, he has vowed to stay in the race even if he’s convicted of crimes, telling POLITICO that he will “never leave.”
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