Donald Trump has been indicted for the second time this month on charges related to the subversion of the 2020 election, this time in the state of Georgia. This marks the fourth time this year that the former president has faced criminal charges. However, despite these indictments, Trump still has a path to the presidency if he were to win reelection in 2024. According to legal experts, the Constitution has very few requirements to serve as president and does not prohibit anyone who has been indicted or convicted from running or winning the presidency.
There is a debate among legal academies over whether the 14th Amendment, which includes a “disqualification clause” for holding public office, is self-executing or if Congress would need to pass legislation to enforce it. If there were a conviction in Georgia or Washington, D.C. for election-related crimes, it is uncertain how these charges would affect Trump’s eligibility to hold the office of the presidency.
Trump has been charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights as part of an investigation into alleged election interference. In addition, he faces a separate federal indictment related to the mishandling of classified documents. The timelines for these cases remain unclear, but if Trump were to be elected president before a trial concluded, his Justice Department may have the power to dismiss the cases.
The question of self-pardoning also remains open, as no president has attempted it before. While the Constitution does not expressly forbid self-pardoning, it is uncertain whether the Supreme Court would uphold such a pardon. If Trump were to be convicted before the 2024 election and win, he could try to grant himself a pardon. However, whether he can do so is untested, and it may require the Supreme Court to weigh in on the matter.
Trump and 18 co-defendants have been charged with a range of crimes related to election interference, including false statements, solicitation of state officials, creation and distribution of false Electoral College documents, harassment of election workers, and acts of obstruction. As president, Trump could potentially direct his attorney general to shut down federal prosecutions, but this power does not extend to the state level. Efforts to remove the district attorney leading the case in Georgia are unlikely to succeed, but if they did, the state’s governor has the power to fill the vacancy.
If Trump were required to show up for trial in Georgia, there are questions about what actions he might take. He could potentially declare martial law and refuse to show up. Trump may also try to move his case to federal court, as he attempted to do in New York. However, presidential pardoning powers only extend to federal crimes, so Trump would not be able to pardon himself if convicted in Georgia or New York.
In terms of serving as president from prison, it is a question that has not been tested. If Trump were convicted of a felony at the federal level or in either Georgia or New York, he would be barred from voting in Florida, his adoptive home state, until he served out a potential sentence. However, it is unclear how someone would serve as president from prison.
Original Story at www.cnn.com – 2023-08-15 11:20:00