Since his loss in the 2020 presidential election, Donald Trump has been heavily investigated for various crimes, leading to four separate indictments. Of the four indictments, two are state cases and two are federal cases. Not only is he the first former President in United States history to be charged with state or federal crimes, but he is also facing these indictments while campaigning for the upcoming 2024 presidential race. It is still unclear how these indictments will affect his presidential race, whether he is convicted or not.
The indictments began in March when Trump was accused of covering up a sex scandal before the 2016 election. In this New York State case, Michael Cohen, Trump’s former lawyer and fixer, allegedly gave $130,000 to adult film star Stephanie Clifford, so she would not speak up about her affair with Trump. Cohen, who was imprisoned in 2018 for his actions in this case, is the main witness as Trump allegedly portrayed the $130,000 as legal fees to him.
Next, Trump faces a federal indictment after he allegedly kept classified documents from the White House in his house in Florida. These 100 or so documents involving information on the military and sensitive nuclear programs were found in various rooms throughout his Mar-a-Lago residence.
The other federal indictment revolves around Trump’s actions after the 2020 presidential election. He is accused of spreading misinformation about election fraud and participating in a scheme to undermine Joe Biden’s win in the election. His actions supposedly led to the January 6th, 2021 attacks on the Capitol.
The final indictment is an election interference case in Georgia. Trump has been accused of interfering with the 2020 presidential election votes in Georgia. The investigation first started after a phone call between Trump and the Secretary of
Georgia, in which Trump asked the secretary “to find 11,780 votes,” completely undermining any sense of a democratic election.
Despite these four indictment cases, Trump is still running a successful 2024 presidential campaign. An article from USA
Today states, “A new poll conducted by the Wall Street Journal shows that, among Republican voters, 59% said Trump would be their first choice if the GOP primary was held today.”
As Trump continues to campaign, questions about his eligibility to be president arise. Three out of the four trial dates have already been set, and they all fall before the election in November 2024. Therefore, theoretically, if Trump is found guilty, he would be running for president while convicted of state and federal crimes.
There are currently very few limitations in the Constitution on who can run for president. Notably, a person’s crime record doesn’t affect their ability to run for or hold office as president. Therefore, Trump can still take office as president even if he is convicted of a crime.
It is still too early in each indictment case to know precisely how the trials will pan out. However, as we move forward into the uncharted territory that these cases are, we must use our history to guide us forward.
This article appears in our September 2023 print edition.
