Can Felons Run for President? A Look at Trump’s Legal Woes

The Law Offices of James L. Arrasmith

As former President Donald Trump faces a series of legal challenges, including any persons with felony convictions, many Americans are wondering whether a convicted felon can still run for president. The answer, surprisingly, is yes – with a few caveats. In this article, we’ll explore the constitutional requirements for running for president, Trump’s current legal troubles, and what it all means for his political future.

The Constitution’s Silence on Persons With Felony Convictions

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The U.S. Constitution sets out three main eligibility requirements for the presidency: one must be a natural-born citizen, at least 35 years old, and a resident of the United States for at least 14 years. Notably absent from this list? Any mention of a clean criminal record.

The Constitution is entirely silent on whether a person with felony convictions can run for president. As a result, legal experts generally agree that a felony conviction alone would not bar someone from seeking the nation’s highest office.

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Of course, just because a felon can technically run for president doesn’t mean it’s a good idea – as Donald Trump may soon find out. The former president is currently facing a dizzying array of legal challenges, including:

  • The Manhattan District Attorney’s investigation into hush money payments made to adult film star Stormy Daniels
  • The New York Attorney General’s civil lawsuit alleging fraud at the Trump Organization
  • The Fulton County District Attorney’s investigation into efforts to overturn the 2020 election results in Georgia
  • The federal investigation into Trump’s handling of classified documents at Mar-a-Lago

While Trump has not yet been convicted of any crimes, the sheer volume of legal scrutiny he faces is unprecedented for a former president.

Related Terms: Federal office, supreme court, President Donald Trump reacts, constitutional law professor, guilty verdict, republican national convention, scheduled Trump’s sentencing

The Hush Money Case

Perhaps the most immediate threat to Trump’s political future is the Manhattan DA’s investigation into hush money payments made to Stormy Daniels. In March 2023, Trump was indicted on 34 felony counts of falsifying business records concerning the payments.

While the charges are relatively minor as far as felonies go, a conviction could still be politically damaging for Trump. It’s one thing to run for president as a controversial figure; it’s another to do so as a convicted felon.

The Court of Public Opinion

Even if Trump is acquitted of crimes, the constant drumbeat of legal scrutiny could damage his political prospects. Voters may grow weary of the endless drama surrounding the former president, and some may question whether he has the temperament and judgment to lead the country again.

Moreover, Trump’s legal troubles could provide ammunition for his political rivals, both in the Republican primary and in a potential general election matchup. Opponents may argue that Trump is too distracted by his legal woes to govern effectively or that his behavior is simply unbecoming of a president.

The Precedent of Eugene Debs

Interestingly, there is some historical precedent for a convicted felon running for president. In 1920, socialist leader Eugene Debs ran for president from behind bars after being convicted of sedition for criticizing World War I. Debs ultimately received over 900,000 votes or about 3.4% of the total.

Of course, times have changed since 1920, and it’s hard to imagine a convicted felon mounting a successful presidential campaign today. But the Debs example does underscore the fact that a criminal conviction alone is not a legal bar to seeking the presidency.

The Role of Voters

Ultimately, the question of whether a convicted felon can run for president may be less important than the question of whether voters will support them. In Trump’s case, his legal troubles may cost him some support among more moderate Republicans and independent voters, but his core base of supporters may remain loyal.

Much will depend on how the various legal proceedings play out and whether Trump can spin them to his advantage. If he can portray himself as a victim of a partisan witch hunt, he may be able to rally his supporters and maintain his political viability.

The Importance of the Rule of Law

Regardless of political leanings, it’s important to remember that no one is above the law – not even a former president. If Trump is convicted of a crime, he should face the same consequences as any other citizen.

At the same time, any legal proceedings against Trump must be conducted fairly and impartially, without any hint of political bias. The rule of law is a cornerstone of our democracy and must be upheld regardless of the political stakes.

The Future of the Republican Party

Trump’s legal troubles also raise questions about the future of the Republican Party. If Trump is convicted of a crime or becomes too toxic politically, the party may need to find a new standard-bearer for 2024 and beyond.

Some potential contenders, such as Florida Governor Ron DeSantis, are already positioning themselves as alternatives to Trump. But it remains to be seen whether anyone can match Trump’s unique appeal to the Republican base.

The Danger of Normalizing Criminality

The potential danger of having a convicted felon run for president is that it may normalize criminal behavior in our politics. If you become accustomed to candidates with serious legal baggage, it could lead to a race to the bottom where ethical standards are increasingly ignored.

This is not a partisan issue – both Democrats and Republicans should be committed to upholding the highest standards of conduct for our public officials. A president should be a role model for the nation, not a cautionary tale.

The Need for Accountability

At the end of the day, the question of whether a convicted felon can run for president is less important than the broader issue of accountability in our politics. No one should be above the law regardless of wealth, fame, or political power.

If Trump or any other politician is found guilty of a crime, they should face the appropriate consequences. Voters should think long and hard about entrusting the nation’s highest office to someone with a history of legal troubles.

Conclusion

In a way, the fact that a convicted felon can technically run for president is a testament to the strength and resilience of our democratic system. It underscores the idea that no one is above the law and that the ultimate power rests with the voters.

But it also reminds us of the importance of upholding the highest ethical standards in our politics. We should expect our leaders to be role models, not cautionary tales. And we should hold them accountable when they fall short of that standard – regardless of their political party or personal charisma.

As for Donald Trump, only time will tell how his legal troubles will impact his political future. But one thing is clear: the eyes of the nation will be watching closely as the drama unfolds.

Related Terms: trump’s eligibility, trump run for president, vice president, presidential candidate, federal crimes, elected president, more serious felony charges, presidential candidates, federal prison, criminal records, convicted felons

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