Is Trump's Indictment a Hurdle or a Hope-filled Handout to His Presidential Aspirations? EXPLAINED
Is Trump's Indictment a Hurdle or a Hope-filled Handout to His Presidential Aspirations? EXPLAINED
Explained: The United States Constitution does not have a specific provision that prohibits individuals who have been indicted from running for or winning the presidency

On Thursday, Donald Trump revealed that he was indicted in a probe concerning his handling of classified documents. This situation would mark him as the first US president to face federal criminal charges.

Will this have a bearing on his presidential campaign? News18 explains:

Trump, on his Truth Social app, called it “a DARK DAY for the United States of America.” In a video post, he said, “I’m innocent and we will prove that very, very soundly and hopefully very quickly.” Within 20 minutes of breaking the news, his 2024 presidential campaign sent out a fundraising missive telling his followers he’d been indicted and asking for financial support.

To understand the various implications of this indictment, let’s understand what the word means first:

What is an Indictment?

An indictment is an official accusation that claims a person has engaged in criminal activity. It takes the form of a document issued by a grand jury, which is a group of individuals responsible for assessing the available evidence and determining whether there is enough justification to charge someone with a crime.

What are the Charges Against Trump?

Trump has been charged with seven counts related to the mishandling of classified documents, according to two people familiar with the indictment but not authorized to speak publicly about it.

Trump’s lawyer James Trusty said Thursday on CNN that the indictment includes charges of willful retention of national defense information, obstruction of justice, false statements and conspiracy.

Can Trump Still Contest Elections?

The United States Constitution does not have a specific provision that prohibits individuals who have been indicted, convicted of a crime, or are currently incarcerated from running for or winning the presidency. This means that, in theory, anyone, regardless of their criminal history, could be elected as president. However, the Constitution also does not provide clear guidance on what should occur if such an individual were to win the presidency, as per reports.

Could He Go to Jail?

A report in The Guardian argues that the indictment of Donald Trump is not a groundbreaking event, but rather a repetition of what happened a few months ago when he faced charges in New York.

On that occasion, Trump dominated the news, experienced a rise in popularity, and garnered support from his primary rivals. Following the indictment becoming public, he managed to raise over $4 million within 24 hours. A similar pattern is expected if Trump faces additional charges related to the January 6 insurrection and election tampering in Georgia. As the electoral and legal calendars approach a collision, there is a growing sense of momentum building.

The report states that it is unclear if Trump can accept the Republican nomination while wearing an ankle bracelet or run against Biden from a prison cell.

It depends on how the law and Constitution are interpreted. Although the Constitution doesn’t explicitly forbid a candidate with a criminal record, there would likely be legal challenges and public opinions in such situations.

The notion of the American presidency serving as a way to avoid legal consequences is speculative and depends on various factors like legal proceedings, public opinion, and political circumstances.

Could this Sway the Mood in Favour of Trump?

Yes, it could. The Republican Party, including the leaders who have been pitted against Trump over the last couple of months, came out in support of the former president, alleging the probe is ‘influenced.’

Kevin McCarthy, the speaker of the House of Representatives, tweeted that it is unacceptable for a President to indict the main candidate running against them. He expressed his support for President Trump and labeled the situation as a serious injustice.

Ron DeSantis, the governor of Florida and a key competitor to Trump in the Republican presidential primary, took to Twitter to criticize the use of federal law enforcement as a potential danger to a free society. He questioned the disparity in zeal between pursuing Trump and the apparent lack of action regarding Hillary Clinton or Hunter Biden.

Biden on his part, has denied providing any recommendations to the Justice Department regarding charges against Trump.

Associated Press, AFP contributed to this report

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