Current:Home > NewsPoinbank:Trump could still be elected president despite 2nd indictment, experts say -Wealth Pursuit Network
Poinbank:Trump could still be elected president despite 2nd indictment, experts say
Oliver James Montgomery View
Date:2025-04-09 12:13:15
Former President Donald Trump,Poinbank facing a possible third indictment, can still be elected president -- even if he is convicted -- experts told ABC News.
But there are practical reasons that could make it a challenge, the experts told ABC News after Trump was indicted by the Manhattan District Attorney Alvin Bragg in April. He pleaded not guilty to 34 felony counts of falsifying business records brought by Bragg.
On Thursday, Trump was indicted on additional federal charges stemming from special counsel Jack Smith's probe into his handling of classified information after leaving office, after already pleading not guilty to 37 counts in June. He also faces a third possible indictment resulting from an investigation into efforts to overturn the 2020 election.
MORE: Trump lawyers meet with special counsel in Jan. 6 case as potential indictment looms
Trump has denied all wrongdoing in each of the investigations, calling them partisan witch hunts intended to interfere with his 2024 presidential bid.
He's also said he will still run even if convicted.
In an interview with radio host John Fredericks on Friday, Trump was asked whether a conviction would put an end to his White House campaign.
"Not at all, there's nothing in the Constitution to say that it could and not at all," he said.
The former president had a similarly defiant tone back in March when he told the crowd at the Conservative Political Action Conference he would "absolutely" stay in the race for president even if he were to be criminally indicted. No charges had been brought against him at the time.
The U.S. Constitution does not list the absence of a criminal record as a qualification for the presidency. It says only that natural born citizens who are at least 35 years old and have been a resident of the U.S. for 14 years can run for president.
Constitutional experts also told ABC News that previous Supreme Court rulings hold that Congress cannot add qualifications to the office of the president. In addition, a state cannot prohibit indicted or convicted felons from running for federal office.
"Some people are surprised to learn that there's no constitutional bar on a felon running for president, but there's no such bar," said Kate Shaw, ABC News legal analyst and professor at Cardozo School of Law.
"Because of the 22nd Amendment, the individual can't have been twice elected president previously," Shaw said. "But there's nothing in the Constitution disqualifying individuals convicted of crimes from running for or serving as president."
Shaw said that while incarceration "would presumably make campaigning difficult if not impossible," the impediment would be a "practical problem, not a legal one."
James Sampler, a constitutional law professor at Hofstra University, told ABC News that the Constitution sets the minimum requirements, but leaves the rest up to the voters.
"It depends on the wisdom of the people to determine that an individual is not fit for office," Sampler said. "So the most fundamental obstacle that President Trump has in seeking office in 2024 is the obstacle that anyone has, but he has it in a different and more pronounced way -- which is proving to the voters that the individual deserves the office."
MORE: What Trump's 2024 bid means for investigations, triggering finance laws
If Trump were to be indicted or convicted and prevented by law from traveling out of state, Sampler said, that would impose a practical limitation on his ability to travel the country and campaign -- but it wouldn't prohibit him from running.
Sampler also pointed out an irony in the electoral system, in which many states bar convicted felons from voting. According to the Sentencing Project advocacy group, 48 states have laws that ban people with felony convictions from voting.
"It is a sad day for a country that ostensibly values democratic participation and equality, that individuals who've been convicted of a felony can be prohibited from participating even as voters in our democracy, but a president convicted of a felony is still allowed," he said.
Jessica Levinson, a professor of election law at Loyola Law School, agreed.
"You could conceivably have a situation where the president of the United States is not disqualified from being president ... but can't vote for himself," Levinson told ABC News.
"The interesting thing about the qualifications like you have to be born here, you have to live here for a certain amount of time ... all of that is kind of getting at the idea that we want you to be loyal to our country," Levinson said. "But you could conceivably be convicted of crimes against our country, and still be able to serve as president."
veryGood! (31678)
Related
- EU countries double down on a halt to Syrian asylum claims but will not yet send people back
- Sharna Burgess Reveals If She'd Ever Return to Dancing With the Stars After Snub
- The 2023 Soros Arts Fellows plan to fight climate change and other global issues with public art
- RHONJ's Lauren Manzo Confirms Divorce From Vito Scalia After 8 Years of Marriage
- Woman dies after Singapore family of 3 gets into accident in Taiwan
- 'The Hunger Games' stage adaptation will battle in London theater in fall 2024
- Pope accepts resignation of bishop of Polish diocese where gay orgy scandal under investigation
- A$AP Rocky named creative director of Puma, F1 fashion collection: What to know
- Nearly 400 USAID contract employees laid off in wake of Trump's 'stop work' order
- North Carolina Republicans close in on new districts seeking to fortify GOP in Congress, legislature
Ranking
- Friday the 13th luck? 13 past Mega Millions jackpot wins in December. See top 10 lottery prizes
- Anchor of Chinese container vessel caused damage to Balticconnector gas pipeline, Finnish police say
- Video shows 'superfog' blamed for 100-car pileup, chaos, in New Orleans area
- South Carolina prosecutors want legislators who are lawyers off a judicial screening committee
- Spooky or not? Some Choa Chu Kang residents say community garden resembles cemetery
- Rebecca Loos Claims She Caught David Beckham in Bed With a Model Amid Their Alleged Affair
- All 32 NHL teams are in action Tuesday. Times, TV, streaming, best games
- Candidate for Pennsylvania appeals court in November election struck by car while placing yard signs
Recommendation
San Francisco names street for Associated Press photographer who captured the iconic Iwo Jima photo
Trump’s lawyers file challenges to Washington election subversion case, calling it unconstitutional
'He's a bad man': Adolis García quiets boos, lifts Rangers to World Series with MVP showing
Man living in woods convicted of murder in shooting deaths of New Hampshire couple
The Grammy nominee you need to hear: Esperanza Spalding
All the Bombshell Revelations in Britney Spears' Book The Woman in Me
NFL power rankings Week 8: How far do 49ers, Lions fall after latest stumbles?
Jenna Ellis, Trump campaign legal adviser in 2020, pleads guilty in Georgia election case