"No one is above the law," the phrase is always repeated in the United States when there is suspicion that a senior official or their family member has committed wrongdoing or crimes for which the law is accountable.
But the legal principle and the rule of law itself are being severely tested by former President Donald Trump: As Trump's legal troubles mount, the scenario of convicting and imprisoning the former president and 2024 presidential candidate has become a concern for many Americans.
But what is interesting at the same time is that the US Constitution does not mind Trump running and campaigning, and if he wins, he can rule from behind bars. A number of US constitutional law experts have confirmed that there is nothing to prevent Trump from running for the 2024 elections, even if he is convicted, or even if he is serving a prison sentence.
The U.S. Constitution does not prohibit convicted criminals from pursuing or holding elected office, including the presidency.
The US president cannot pardon himself, nor can he pardon non-federal crimes, and Trump faces possible conviction for two crimes in New York state and in Georgia. Trump faces serious legal risks in several cases, including two criminal investigations, one related to his interference to change the results of the 2020 election in Georgia, and the other related to charges and financial crimes in violation of the Campaign Finance Act.
The case revolves around whether Trump illegally covered up the $130,2016 that his former lawyer Michael Cohen paid to Stormy Daniels to keep quiet about an alleged past sexual relationship before the <> election. This incident could constitute a violation of the Campaign Finance Act.
In Georgia, the attorney general points to recordings of Trump demanding that the state's election results be rigged in his favor, instead of Joe Biden winning.
U.S. political and legal institutions are preparing for an extreme test of their future democracy, with former President Donald Trump likely to face criminal conviction and a growing risk of serving a prison sentence.
The impeachment would once again test the reality of Trump's power and dominance over the Republican Party, as most Republican lawmakers and officials fear they are obligated to appease Trump in order to preserve their lives and political future. Trump's conviction and imprisonment would increase enthusiasm among the broad constituency supporting him, increasing his chances of winning the next election.
Underscoring Trump's firm grip on the Republican Party's base, his social media post has prompted many of his Republican critics to line up with him. Former Vice President Mike Pence, who is considering challenging Trump for the 2024 nomination, said: "It feels like a politically charged trial here. For my part, I feel that this is not what the American people want to see."
The impeachment of Trump would have serious implications; it is the first time a former president has been criminally indicted in American history. Trump's supporters believe this is a new observation for Trump after two impeachment failures during his four years in office.
While some lawyers argue that even if the cases against Trump are legally justified, prosecutors in New York — as well as in Georgia — face a perilous moment with uncertain consequences.
Adding to the gravity of the situation, Trump has already announced his candidacy and has already begun appearing at campaign events and mass crowds. Trump has begun to repeat the narrative of persecution and is promising to "take revenge" on his opponents if he wins the Oval Office again.
Trump has sought to portray the prosecutions against him as politically motivated weapons of justice, presenting a new challenge to President Joe Biden, his former and possibly future opponent in the general election.
In another context, the indictment is likely to turn the 2024 Republican presidential primary on its head. Florida Governor Ron DeSantis, the likely Republican candidate, has not commented on a situation that puts him in a dubious dilemma. But DeSantis has a strong interest in preventing the 2024 primary campaign from focusing exclusively on portraying Trump himself as a "political martyr."
Many Republicans believe it's time to move on from the drama, chaos and legal dilemmas that Trump's behavior consistently causes, turning the page that cost the party easy majorities in both houses of Congress in November's midterm elections. But an indictment will increase the debate over whether Trump's personality and political charisma have been so damaged that he cannot win the general election.
In recent weeks, Trump has expanded his lead over Florida Governor Ron DeSantis, the leading contender for the Republican ticket for the 2024 election. Trump received 46 percent support, compared to 32 percent for DeSantis, although DeSantis has not officially announced his run for president yet.
100 years ago, Eugene Debs in prison did not prevent him from running for president in 1920, despite being in a federal prison in Atlanta, Georgia.
The hypothesis of the president being sentenced from prison has taken up much of the debate, especially with Trump expected to win the Republican nomination. Constitutional law experts agree that Trump can run and even win despite his conviction. But he may have to exercise his duties from a place other than the White House, in this case prison.
Harvard constitutional law expert Alan Dershowitz says he expects Trump to be indicted and convicted in New York City for what he considers an "unfair legal system." He also added that the former president could still run for president and even serve in office from prison if convicted.
The U.S. Constitution does not prohibit convicted offenders from pursuing or holding elected office, including the presidency. However, the 14th Amendment enabled Congress to pass laws barring individuals who participated in an insurrection against the country from holding office, though some have said there is room for Trump to fight that prospect and the Republican-majority House of Representatives cannot approve such a proposal.
The Constitution sets out exclusive conditions that include three qualifications for a president: be at least 3 years old, be an American at birth, and have resided for 35 years on U.S. soil. Trump meets the three conditions that the trial or conviction and imprisonment of the president will not change.
The courts have previously held that the imposition of additional conditions outside those provided for in the Constitution is impermissible.
100 years ago, the presence in prison of Eugene Debs, a well-known socialist and labor leader in the late 19th and early 20th centuries, did not prevent his candidacy for president in 1920, despite his presence in a federal prison in Atlanta, Georgia.
Debs received 913,3 votes, or 4.60 percent of the vote, which went overwhelmingly to Republican Warren Harding, who won by a landslide <> percent over Democratic challenger James Cox.
The socialist leader was serving a 10-year prison sentence beginning in 1918 for speaking out about America's involvement in World War I, especially for discouraging men from cooperating with military conscription.
Trump has previously vowed to continue his 2024 presidential campaign, even if he is impeached, but Trump has not spoken about the possibility of sentencing the United States from prison.