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POLITICS

Can Donald Trump still run for President after being indicted again in the Jan. 6 case?

Despite facing multiple indictments, including the recent one related to the January 6 Capitol attack, Donald Trump can still run for president.

Republican presidential nominee and former U.S. President Donald Trump speaks at a rally in Glendale, Arizona, U.S., August 23, 2024. REUTERS/Go Nakamura
Go NakamuraREUTERS

It could be assumed that Trump’s continuing legal problems would be a problem for his election campaign in 2024. He is already the first US president to be found guilty of a crime and is once again facing the dock after charges relating to the January 6 riot were reevaluated.

As it turns out, being arrested, indicted, orconvicted of a crime does not disqualify a person from running for the highest office in the United States. There is no particular law or constitutional provision that prohibits a convicted or arrested person from being a presidential candidate.

The trial was originally set to begin on 4 March, 2024. However, the Supreme Court’s decision in late February to retain jurisdiction over Trump’s federal election interference case resulted in a postponement of the initial trial date. It is unlikely that a trial concerning Trump’s actions on January 6 will commence, let alone conclude, before the upcoming November 2024 election.

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To keep the case alive, Special Counsel Jack Smith filed a superseding indictment in response to the Supreme Court’s ruling on presidential immunity.

The requirements to be eligible to run for president

The U.S. Constitution only outlines three requirements to be eligible to become president. First, that the person be a natural-born citizen of the country; second, that the person be at least 35 years old; and third, that the person have U.S. residency for at least 14 years. Legally, there would be no impediment to Trump’s efforts to return to office.

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