Why A Conviction Wouldn’t Prevent Trump From Being President

Topline

Former President Donald Trump’s federal indictment for mishandling classified documents, along with his other ongoing legal woes won’t prevent him from continuing his third campaign for the White House—and a reelection would give him additional mechanisms to escape or nullify a conviction.

Former President Donald Trump greets supporters at a Team Trump volunteer leadership training event … [+] on June 1, 2023 in Grimes, Iowa. (Photo by Scott Olson/Getty Images)

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Key Facts

The Justice Department indicted Trump on Thursday in a Miami federal court on seven counts, his lawyer Jim Trusty told CNN, citing a summons Trump’s legal team received that indicates a possible violation of the Espionage Act, obstruction, conspiracy and false statements charges.

The charges, some of which carry a maximum sentence of up to 20 years in prison, would not prevent Trump from continuing his third campaign for the White House nor would a conviction keep him from holding office, experts have said, noting the Constitution only requires presidential candidates to be natural-born citizens who are at least 35 years old and have lived in the country for 14 years.

If Trump is convicted and sentenced to prison, he could potentially serve as president from behind bars—a scenario that would introduce unprecedented security and logistical challenges, Reuters noted.

The presidency could give Trump several loopholes to evade or erase a conviction: The Justice Department has a long-running policy not to prosecute sitting presidents except in “extraordinary circumstances” approved by the U.S. attorney general, according to Reuters.

Even if the agency did decide to move forward with prosecuting Trump if he’s re-elected, Trump could fire the attorney general and replace them with his own pick.

As president, Trump could also potentially pardon himself in the federal case, Reuters reported, though some experts have said a self-pardon could be a violation of the Constitution.

Key Background

Trump announced on Truth Social Thursday he had been indicted, making him the first former president to face federal charges. In April, he became the first former president to be criminally charged when Manhattan prosecutors brought felony falsifying business records charges against him—but he would be unable to pardon himself if convicted since the case is in state, rather than federal court, according to Reuters. The Justice Department case, which is being handled by special prosecutor Jack Smith, stems from a probe that began in February 2022 when the National Records and Archives Administration informed the agency that Trump failed to turn over records after leaving office, as required by the Presidential Records Act. Trump voluntarily turned over a portion of the records to NARA and an additional batch in response to a Justice Department subpoena, which the agency said he failed to fully comply with, prompting a raid at his Mar-A-Lago private club and residence in August. In total, the Justice Department has recovered 11,000 documents from the Palm Beach property, including 325 classified documents, some of which reportedly contain details about top-secret military information and U.S. intelligence operations. Trump was widely expected to be charged after his lawyers met with Justice Department attorneys Monday to make their final case against charging Trump, signaling the case was nearing its conclusion.

Chief Critic

Publicly, Trump has repeatedly declared his innocence and argued that he had the authority to declassify documents, while accusing the Justice Department of bringing the case in order to prevent him from being reelected. Privately, however, Trump has admitted to taking confidential records and acknowledged he knew he couldn’t declassify them after leaving office, according to a recording taken during a meeting at his Bedminster, New Jersey, golf club in 2021, CNN reported.

Surprising Fact

Socialist Party nominee Eugene Debs ran for president in 1920 while serving a 10-year federal sentence for discouraging people from entering the World War I draft, also a violation of the Espionage Act. He received 3% of the popular vote, Politico reported, noting he is the most successful candidate to have run for office while imprisoned. Convicted animal trafficker Joseph Maldonado-Passage, known as “Joe Exotic” from Netflix’s Tiger King series, is also running for president as a Libertarian candidate while serving a 21-year federal sentence in Texas.

What To Watch For

Trump was summoned to appear in a Miami federal court Tuesday at 3 p.m. The indictment detailing the specific charges he faces has yet to be made public. Trump could also face an additional set of charges in the classified documents case in Washington, where a second grand jury is weighing the Justice Department’s evidence against him. The agency is also investigating Trump’s role in the January 6 Capitol riot. A conviction in that case could pose more serious problems for Trump’s reelection prospects, experts have observed, under a provision of the Fourteenth Amendment that bans those who took an oath to support the Constitution and “engaged in insurrection or rebellion against the same” from holding office.

Big Number

47%. That’s the share of respondents in an April Associated Press/NORC poll who said they view Trump’s mishandling of classified documents as illegal, versus 41% who view his conduct in the Manhattan case as illegal—indicating the federal case could have a more negative impact on his reelection chances.