A special feature of the 2024 presidential election is the New York trial of Donald Trump and the three different legal proceedings pending against the former president.
The test, which is now in its last stages, opens up many possibilities that have never played out earlier. Trump may run for president if he has already been found guilty of a crime before the vote. What if he wins while incarcerated? After entering the White House, does he forgive himself?
On the first, maybe most important, problem, the answer is yes.
The three qualifications to be chairman are set out in Article I of the Constitution. You have to be 35 years old, a normal- born resident, and 14 times a citizen within the U. S.”, Past Foundation legal researcher Hans von Spakovsky said. ” Being a convicted murderer is not a table to be chairman”.
Another legitimate issue would be whether a person with a criminal history would be elected president while serving a prison sentence, despite the relevant question.
With one get, Georgia State University law professor Anthony Michael Kreis claimed Trump would need to be let go in order to hold the Oval Office.
” New York officials would have to spring Trump free if he was in the state’s custody ]and won the election ]”, he said. However, he would still need to provide his day after his second term was over.
Nevertheless, this particular scenario will likely be a speculative, he added.
” For a primary- time violent criminal in New York, it is extremely improbable that he’d face prison of any length”, Kreis said. And there is almost no possibility that a judge will arrive at a jury’s appointed time before Election Day.
Despite the low chances, Secret Service agents have already met with New York changes officials to discuss the possibility, according to CBS News. The Secret Service has been contacted by The Washington Examiner for opinion.
Legal experts have long debated whether a president may forgive himself.
Most people agree that he could not commit condition crimes, but that he could possibly grant a self-pardon for crimes committed in federal courts. Even if Trump does, that authority did not aid him in his trials in New York and Georgia, and he would continue to be a murderer in those states if a jury found him guilty, even if it did not interfere with his ability to serve as leader.
Another issue is whether Trump, who is convicted, can vote for himself because Florida forbids offenders from casting ballots. According to von Spakovsky, the answer is essentially no but may simply be amended by the Sunshine State’s GOP- dominated government.
” Nothing would prevent the state legislature from passing a special bill specifically giving]Trump ] the ability to vote after he is convicted”, he said. According to the 14th Amendment to the U.S. Constitution,” state legislatures have complete authority over whether a convicted felon is ballot.”
Von Spakovsky claims that Trump could essentially be elected and serve as president from within a prison cell due to the Constitution’s limited requirements for serving as president.
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” If elected, Trump may be sworn into office and work as leader even if he was in jail”, he said. Senate is the only way for him to be removed from office.
Therefore, while many Democrats believe Trump’s New York trial will harm him socially and hurt his chances of winning, his legal ability to serve if elected is unaffected by the outcome of the trial.