United States: The US Presidential Elections 2024 are around the corner, and Americans are curious to know whether the Republican frontrunner, Donald Trump, can become the next president of the United States, as he is facing charges in four (4) separate criminal cases. The short and legal answer to this is yes, as suggested by the legal experts.
The experts have explained that the Constitution of the United States does not forbid it, as reported by Washington Post. The UCLA Professor Richard L Hasen, who is an election law expert, said, “The Constitution has a limited set of requirements to be president. You have to be at least 35, a natural-born US citizen and a resident here for at least 14 years.”
Hasen asserted that the 14th Amendment, ratified by Congress following the Civil War, prohibited individuals involved in an insurrection from seeking the presidency. While referring to the former president’s first criminal case, he stated, “But that’s not what Trump is on trial for in New York, and so there are no other restrictions.”
Charges faced by Donald Trump!
According to several reports, the former president has been charged with felony charges in four (4) different criminal indictments. The charges are filed the three (3) US states and Washington DC. As per the officials, there are chances that a guild verdict can send Trump to a prison.
Trump and the upcoming presidency!
Trump’s conduct may appear paradoxical, given that many states disqualify felons from holding local or state offices and even from voting. Nevertheless, Trump, as he has done on numerous occasions, is challenging political conventions anew, demonstrating that the nation’s democratic framework, while perhaps unprepared for an improbable turn of events, is not impervious to them.
Trump faces legal charges in multiple jurisdictions. In New York state court, he stood accused of falsifying business records to conceal payments aimed at influencing voters in the 2016 election. Furthermore, he faced charges in federal court in Washington DC and state court in Georgia related to attempts to overturn the 2020 election results. Additionally, federal charges in Florida allege mishandling of classified materials post-presidency, along with obstruction of government efforts to retrieve them.
Trump maintained his innocence against all 88 charges brought against him, the Washington Post noted.
During the drafting of the Constitution, the framers failed to seriously contemplate the plausibility of a significant criminal being a viable White House candidate, according to Kimberly Wehle, a law professor at the University of Baltimore. She suggests that such an individual would likely encounter hindrances in their political ascent and be unlikely to ascend to the pinnacles of the American political hierarchy.
Individuals seeking employment in numerous federal positions, particularly within intelligence and defense agencies, undergo background checks for high-level national security clearances. Those with criminal records are typically disqualified. Why Congress, while enacting the 14th Amendment, did not extend this disqualification to the presidency remains a matter of political will, posits Wehle.
Wehle questioned, “Why does our nation shy away from ensuring that individuals reaching such unparalleled power are subject to the same scrutiny and prerequisites as many under their authority, and those holding regular occupations?” as reported by the Washington Post.
Interestingly, a candidate once conducted his presidential campaign from behind bars. In 1920, Eugene V. Debs, leader of the Socialist Party of America, stood as the party’s presidential nominee while serving a federal sentence for sedition stemming from his outspoken opposition to US involvement in World War I. Despite his imprisonment, Debs garnered approximately 900,000 votes, constituting roughly 3 percent of the total ballots cast that year.
Trump boasts considerably greater public support. Polls conducted prior to the nominating conventions indicate a slight lead over President Biden in several swing states. While some surveys suggest a potential decline in support if he’s convicted, Trump has solidified backing within the Republican Party since the commencement of indictments over a year ago, triumphing over rivals in GOP primary contests.
A recent attempt to challenge his candidacy was dismissed.
In December, the Colorado Supreme Court ruled Trump’s removal from the state’s primary ballot under Section 3 of the 14th Amendment, citing his alleged role in inciting the January 6, 2021, Capitol insurrection.
However, the US Supreme Court unanimously overturned this decision in March, asserting that only Congress holds the authority to enforce the constitutional provision barring insurrectionists from federal office. Legal experts argue that effectuating a ban on felons running for the presidency would require a broader constitutional amendment, a prospect highly unlikely in the current polarized political landscape.
Chris Edelson, an assistant professor of government at American University, suggests that a legal remedy “is not the optimal course of action.” Instead, he advocates for a reaffirmation of commitment to democracy by both Republican and Democratic leaders, as well as the electorate, rejecting candidates charged with or convicted of crimes.
“In a healthy, functional system, a different nominee would have emerged. Republicans would have declared, ‘This is unacceptable,'” Edelson asserts regarding Trump’s candidacy.
In most states, felons lose their voting rights temporarily or permanently. In Florida, Trump’s state of residency, restoration of voting rights entails completion of sentences, including parole or probation, and payment of fees and fines.
This raises the possibility that Trump if convicted, may lose his voting rights while remaining a presidential candidate.
Desmond Meade, executive director of the Florida Rights Restoration Coalition, deems Florida’s felon voting ban excessively restrictive. He finds it ironic that during a GOP presidential primary debate last summer, Florida Governor Ron DeSantis, an opponent of easing voting restrictions for convicted individuals, expressed willingness to support Trump as the party’s nominee even if convicted. Five other candidates concurred.
Meade reflected, “That was a remarkable moment because if you’re willing to endorse a presidential candidate with a felony conviction, there’s no reason to deny a felon the right to vote for their preferred candidate.“