Can Donald Trump be president if he is convicted in one of his pending trials?
You might think that the slew of criminal trials and convictions against the former president may bar him from office, bu the reality is more complicated.
Donald Trump’s criminal conviction and possible incarceration has led to questions about his presidential candidacy.
As it turns out, being arrested for or even convicted 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. In fact, if he ends up conducting his campaign from within prison walls, he wouldn’t be the first contender to do so.
Five-time candidate Eugene Debs ran as the Socialist bet for president for the fifth and last time from a prison cell, and managed to get 3.4% of the vote.
The only exception is if he were found guilty of insurrection. Under the 14th Amendment, which was ratified after the Civil War in 1868 to keep former Confederates out of the government, states in Section 3 that officials who have held public office in the country and have participated in acts of “insurrection or rebellion” after having taken an oath cannot return to office unless two-thirds of both Houses approve removing such disqualification.
As of yet, Trump has not been found guilty of insurrection.
Three requirements to run for the Oval Office
The US 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 US residency for at least 14 years.
Legally, there would be no impediment to Trump’s efforts to return to office even if he were in jail. The biggest obstacle he would face would be physical and other limitations that being in prison would put on his capacity to campaign.
All eyes are on the various trials that Trump will be facing, not only because he has made history by becoming the first former or sitting president to face criminal charges, but also because of how it could affect his bid to become US president once again.