With former President Donald Trump now facing two separate indictments, some are wondering whether a convicted felon can run for or serve as president.
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Donald Trump.
With former President Donald Trump now facing two separate indictments, some are wondering whether a convicted felon can run for or be president.
If Trump were to be convicted – he maintains his innocence against the charges – could he still be president?
That requires some complicated legal analysis, but a felony conviction alone does not bar a person from running for, or serving as, the United States president, according to Politifact.
Former President Donald Trump has confirmed in a post on Truth Social that he has been indicted in the investigation into classified documents. He called the Biden administration “corrupt.” Trump is already facing pending criminal charges in Manhattan after being accused of falsifying business documents relating to payments to Stormy Daniels.
“We’re learning from our sources that there appears to be at least seven counts here. This ranges from everything from the willful retention of national defense information to conspiracy to a scheme to conceal to false statements and representations,” ABC News’ Katherine Faulders reported.
Here’s what you need to know:
GettyDonald Trump was indicted, he confirmed.
“A criminal conviction does not prevent a person from running for president,” Barbara L. McQuade, a University of Michigan law professor and former U.S. Attorney, told Politifact, when the site explored this question. “The Constitution controls this question, and it makes no prohibition. States can decide their own rules for who is eligible to hold office within their own states, but they cannot disqualify someone from running for president.”
Politifact concluded, “The short answer is legally, it appears that Trump could still run for president, even if convicted of a crime.”
According to Politifact, some might argue whether Section 3 of the 14th Amendment could prevent Trump from running and serving if he is convicted.
Justia.com noted that “at least some of the charges Trump faces could be deemed ‘high crimes and misdemeanors’ within the meaning of Article II, Section 4 of the Constitution, thus warranting impeachment by the House and removal by the Senate.
