With indictments, arraignments, and several criminal charges forcing him to establish a defense legal fund, it’s not only a matter of whether Trump will return as President of the United States. The consequent worry is: Can Donald Trump run for President of the United States in the first place? Can he continue to serve as president for a full four-year term if it is conceivable in the event of his re-election?
These are concerns not only for current US President Joe Biden but also for the mortal Democrats and Republicans, as well as their Political Action Committees. But, depending on how you look at it, Trump’s likely return to the White House has global implications.
The latest indictment of Donald Trump is a historic first for a former or serving president. In Trump’s instance, it’s for his alleged attempt to challenge the results of the 2020 US presidential election polls. The indictment was all the more remarkable because it occurred as Trump is vying for re-election to the presidency and is widely seen as the Republican nomination favorite.
Can Donald Trump run for president again?
Yes. Donald Trump can run for president because the US Constitution does not prohibit anybody convicted of a felony from running for office. The real question is whether Trump will be able to become president if Republicans win enough red states in 2024.
So Donald Trump can run for President, possibly win, and still not be in office?
Yes. That is the snag. The 14th Amendment to the United States Constitution prohibits anyone who has participated in an insurgency from holding public office. Donald Trump’s suspected role in the January 6 US Capitol riots could become the exact hurdle that forces him out of the White House, even if Republicans win the majority in 2024 and Trump is elected.
What does the 14th Amendment to the United States Constitution say about disqualifying an elected representative?
The 14th Amendment to the United States Constitution mentions ‘Disqualification from Holding Office’ in Section 3.
It specifies: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
To simplify, suppose Trump wins the 2024 US elections and a federal judge disqualifies him from the presidency for his claimed role in the January 6 “insurgency.” That disqualification will not hold, and Trump will stay president if a two-thirds majority of the US Congress votes against any federal disqualification.
Is there a precedent for using the 14th Amendment?
Yes. In 2022, a court in New Mexico invoked the 14th Amendment to remove a county commissioner who had been found guilty on federal charges linked to the January 6 riots.
It was the first time since the American Civil War that an official was dismissed from their position for participating in an insurgency.
What is Trump’s reaction to the indictments and potential removal from the presidency?
In response to the new indictment, Donald Trump commented on his Truth Social account in all uppercase, “I’ve never had so much support.”
Referring to the indictment as “unprecedented”, Trump said it “has awoken the world to the corruption, scandal, & failure that has taken place in the United States for the past three years”.
Thanking his fans for coming to his defense, Trump called his indictment “unprecedented” and promised to “make America great again.”
“America is a nation in decline, but we will make it great again, greater than ever before. I love you all!!!”
On Thursday, he is scheduled to appear before a judge for the first time in the case.
What does the contest look like between Donald Trump and Biden?
Joe Biden appears to be facing a tough battle with Donald Trump, with the former US president pressing ahead to lead the polls. According to a July poll from The New York Times and Siena College released on Tuesday, July 31, 2023, the two are tied in a hypothetical rematch with 43% support for their return to the White House in 2024.
In a poll that asked respondents who they would vote for, both Biden as the Democratic nominee and Trump as the Republican nominee had 43% support from the polled registered voters.
Trump had greater support from his base than Biden, with 88% of registered Republicans voting for Trump and 83% voting for Biden. Meanwhile, former US President Barack Obama is said to have cautioned Joe Biden about how formidable Donald Trump will be in their rematch in 2024, reflecting the blockbuster contest that 2024 US presidential polls are emerging as.