WASHINGTON (Reuters) - The United States is holding its breath after former President Donald Trump announced in a social media post that he expected authorities to arrest him on Tuesday and called on his supporters to protest.
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.
Trump denies actress Stormy Daniels' claims she had a sexual relationship with him in 2006 (Reuters)
negotiate
The attorney general's office for the Manhattan district of New York reportedly offered Trump the chance to surrender as part of a bail package negotiated in advance of his possible impeachment, but the former president has yet to approve the move.
Trump is expected to be accused of paying secret money to actress Stormy Daniels, who claimed she had a sexual relationship with him in 2006. Trump denies having an affair with the actress and said he had done "absolutely nothing wrong" in a recent Truth post.
The investigation focuses on paying $130,2016 weeks before the <> election to buy Daniels' silence, which would have hurt the fortunes of the presidential candidate who won that election.
Although the payment is itself legal, it poses a problem given that the New York Attorney General's Office, which is leading the investigation, treats it as a hidden donation under the president's campaign, in violation of election finance laws.
Fox News reported that Manhattan District Attorney Alvin Bragg has requested a meeting with law enforcement, including the U.S. Secret Service, tasked with protecting the former president, before a possible indictment to "discuss logistics," meaning they expect to indict Trump within days.
The logistics in question reportedly center around whether Trump would voluntarily surrender at a police station in Manhattan, New York City, where he would be taken into custody and taken to criminal court for questioning over the charges against him.
Sentence from prison
The topic of the presidency and imprisonment has been addressed in a number of forums recently, and historians, scholars, and others from across the political and ideological spectrum have almost uniformly come to the same conclusion that Trump can still run, elect, 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 said in a television interview Sunday that he expected Trump to be indicted and convicted in New York City for what he called the "unfair legal system." He also added that the former president could still run for president and even serve in office from prison if convicted.
Trump has previously vowed to continue his 2024 presidential campaign, even if indicted, with some legal experts saying such a situation could double the enthusiasm of his base.
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 the prospect and the Republican-majority House of Representatives cannot approve such a proposal.
The Justice Department is currently investigating the former president's role in fomenting riots at the January 6, 2021 storming of the Capitol, based on criminal referrals from the House Select Committee last year, and for "inciting or aiding insurrection."
Elon Musk: If Trump is arrested, he will win the 2024 election with a landslide victory. pic.twitter.com/pBeyQcUJfE
🇺🇸— Mohammed | MFU (@mfu46) March 18, 2023
Exclusive constitutional conditions
The Constitution sets out 3 exclusive conditions for a president, the first of which is to be at least 35 years old, to be an American at birth, and to have resided for 14 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. More than three years ago, California enacted a law requiring candidates who appear on state presidential primaries to disclose their tax returns. Trump had not done that.
However, the California Supreme Court in a 2019 case titled "Patterson v. Padilla" ruled that the ban was unconstitutional. Thus, President Trump was allowed to appear on the ballot and won the Republican primary, before Joe Biden defeated him in the California general election.
Justice Department Investigates Trump's Role in Stirring Up Riots as Trumpians Storm Capitol on January 6, 2021 (European)
Historical precedents
Eugene Debs, a well-known socialist and labor leader in the late 19th and early 20th centuries, ran for president in 1920 despite being in a federal prison in Atlanta, Georgia.
Debs received 913,3 votes, or 4.60 percent of the total, 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 that began in 1918 for speaking out about America's involvement in World War I, especially for discouraging men from cooperating with military conscription. After the election, the new president commuted his sentence in 1921.
So did right-wing candidate Lyndon LaRoucher, who received only a handful of votes in the 1972 election and spent several years in prison.
The only way, albeit difficult to prove—to prevent Trump's candidacy is to confirm that he participated in or assisted in the Jan. 6, 2021 "insurrection" and storming of the Capitol—under Section III of the Post-Civil War 14th Amendment, which aims to bar former Confederate military and government officials from holding federal office.