> ## Content Index > Fetch the complete content index at: https://www.europeans.today/llms.txt > Use this file to discover other available public pages before exploring further. # An indictment wouldn’t end Trump’s run for the presidency – He could even campaign or serve from a jail cell - URL: https://www.europeans.today/2022/11/16/an-indictment-wouldnt-end-trumps-run-for-the-presidency-he-could-even-campaign-or-serve-from-a-jail-cell/ - Published: 2022-11-16T02:00:00.000Z - Updated: 2022-11-17T02:15:41.000Z - Description: Donald Trump made little mention of his personal legal battles as he announced his bid to retake the White House. But would an indictment end the former president’s run for presidency? - Author: Dr Stefanie Lindquist - Tags: Analysis, 2024 US Presidential Election, 2022 Midterms, 6 January Riots, Constitutional Law, Donald Trump, Impeachment, US Elections, United States, US Politics, US Constitution, US Presidents ### Donald Trump made little mention of his personal legal battles as he announced his bid to retake the White House. But would an indictment end the former president’s run for presidency? ###### First published: Nov 2022. --- Donald Trump [announced his 2024 run for the presidency](https://news.yahoo.com/trump-announces-2024-run-president-015331045.html?ref=europeans.today) on Nov. 15\. In his address he railed against what he perceived as the *“persecution”* of himself and his family, but made scant mention of his legal woes. Confirmation of Trump’s *White House* bid comes at a curious time – a week after a [lackluster Republican midterm performance](https://www.politico.com/news/2022/11/09/2022-election-results-analysis-and-takeaways-00065878?ref=europeans.today) that [many blamed on him](https://www.nbcnews.com/politics/2022-election/trump-hurt-republicans-2022-elections-numbers-point-yes-rcna56928?ref=europeans.today). Moreover, it comes as the former president faces [multiple criminal investigations](https://www.vox.com/policy-and-politics/23306941/donald-trump-crimes-criminal-investigation-mar-a-lago-fbi-january-6-election-georgia-new-york?ref=europeans.today) over everything from his [handling of classified documents](https://www.theguardian.com/us-news/2022/nov/14/donald-trump-handled-records-marked-classified-after-presidency-court-filing-alleges?ref=europeans.today), to allegations of [falsifying the value of New York properties](https://theconversation.com/trump-properties-arent-the-only-ones-to-see-wild-valuations-putting-a-price-on-real-estate-isnt-straightforward-191228?ref=europeans.today). There is also the not-so-small matter of a [*Justice Department* investigation](https://www.washingtonpost.com/national-security/2022/09/15/trump-january-6-subpoenas-meadows/?ref=europeans.today) into the Jan. 6 storming of the *Capitol*. The announcement has led some to speculate that Trump may be hoping that becoming a presidential candidate will in some way [shield him from prosecution](https://www.theguardian.com/us-news/2022/jul/05/trump-2024-run-us-elections-prosecution?ref=europeans.today). So, does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office? The short answer is no. Here’s why: The *U.S. Constitution* specifies in clear language the qualifications required to hold the office of the presidency. In [*Section 1, Clause 5 of Article II*](https://constitution.congress.gov/browse/article-2/section-1/clause-5/?ref=europeans.today#:%7E:text=No%20Person%20except%20a%20natural,been%20fourteen%20Years%20a%20Resident), it states: 🧾 *“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”* These three requirements – natural-born citizenship, age, and residency – are the only specifications set forth in the United States’ founding document. ### **Congress has ‘no power to alter’** Furthermore, the *Supreme Court* has made clear that constitutionally prescribed qualifications to hold federal office may not be altered or supplemented by either the *U.S. Congress* or any of the states. Justices clarified the court’s position in their 1969 [*Powell v. McCormack*](https://www.oyez.org/cases/1968/138?ref=europeans.today) ruling. The case followed the adoption of a resolution by the *House of Representatives* barring pastor and New York politician [Adam Clayton Powell, Jr.](https://history.house.gov/People/Listing/P/POWELL,-Adam-Clayton,-Jr--%28P000477%29/?ref=europeans.today) from taking his seat in the *90th Congress*. The resolution was not based on Powell’s failure to meet the age, citizenship and residency requirements for *House* members set forth in the Constitution. Rather, the *House* found that [Powell had diverted Congressional funds and made false reports](https://www.washingtonpost.com/archive/politics/1987/12/15/charges-of-favoritism-tests-of-credibility-at-house-ethics-panel/b878ba60-348e-471f-87aa-ded06cac0e4b/?ref=europeans.today) about certain currency transactions. When Powell sued to take his seat, the *Supreme Court* invalidated the *House*’s resolution on grounds that it added to the constitutionally specified qualifications for Powell to hold office. [In the majority opinion](https://supreme.justia.com/cases/federal/us/395/486/?ref=europeans.today), the court held that: *“Congress has no power to alter the qualifications in the text of the Constitution.”* For the same reason, no limitation could now be placed on Trump’s candidacy. Nor could he be barred from taking office if he were to be indicted or even convicted. ![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/11/wwww-00027.jpg) ###### Donald Trump. | [Flickr / Trump White House Archive](https://www.flickr.com/photos/whitehouse45/50506188227/?ref=europeans.today) ### **But in case of insurrection…** The *Constitution* includes no qualification regarding those conditions – with one significant exception. [*Section 3 of the 14th Amendment*](https://constitution.congress.gov/constitution/amendment-14/?ref=europeans.today) disqualifies any person from holding federal office... 🧾 *“... who, having previously taken an oath … 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.”* The reason why this matters is the *Department of Justice* is [currently investigating](https://www.washingtonpost.com/national-security/2022/09/15/trump-january-6-subpoenas-meadows/?ref=europeans.today) Trump for his activities related to the [Jan. 6 insurrection](https://theconversation.com/us/topics/january-6-us-capitol-attack-128973?ref=europeans.today) at the *Capitol*. Under the provisions of the *14th Amendment*, *Congress* is authorized to pass laws to enforce its provisions. And in February 2021, one Democratic Congressman proposed [*House Bill 1405*](https://www.congress.gov/bill/117th-congress/house-bill/1405?ref=europeans.today), providing for a *“cause of action to remove and bar from holding office certain individuals who engage in insurrection or rebellion against the United States.”* Even in the event of Trump being found to have participated *“in insurrection or rebellion,”* he might conceivably argue that he is exempt from *Section 3* for a number of reasons. The *14th Amendment* does not specifically refer to the presidency and it is not *“self-executing”* – that is, it needs subsequent legislation to enforce it. Trump could also point to the fact that *Congress* enacted an [*Amnesty Act* in 1872](https://www.bostonglobe.com/2022/03/11/opinion/confederate-amnesty-act-must-not-insulate-jan-6-insurrectionists/?ref=europeans.today) that lifted the ban on office holding for officials from many former Confederate states. He might also argue that his activities on and before Jan. 6 did not constitute an *“insurrection”* as it is understood by the wording of the amendment. There are few judicial precedents that interpret *Section 3*, and as such its application in modern times remains unclear. So even if *House Bill 1405* were adopted, it is not clear whether it would be enough to disqualify Trump from serving as president again. ![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/11/wwww-00028.jpg) ###### January 6 US Capitol attack, 6 January 2021\. | [Flickr / Tyler Merbler](https://www.flickr.com/photos/37527185@N05/50820535413/?ref=europeans.today) ### **Running from behind bars** Even in the case of conviction and incarceration, a presidential candidate would not be prevented from continuing their campaign – even if, as a felon, they might not be able to vote for themselves. History is dotted with instances of candidates for federal office running – and even being elected – while in prison. As early as 1798 – some 79 years before the *14th Amendment* – *House* member [Matthew Lyon ](https://history.house.gov/Historical-Highlights/1800-1850/The-life-of-Representative-Matthew-Lyon-of-Vermont-and-Kentucky/?ref=europeans.today)[was elected to *Congress*](https://history.house.gov/Historical-Highlights/1800-1850/The-life-of-Representative-Matthew-Lyon-of-Vermont-and-Kentucky/?ref=europeans.today) from a prison cell, where he was serving a sentence for sedition for speaking out against the Federalist Adams administration. [Eugene Debs](https://aflcio.org/about/history/labor-history-people/eugene-debs?ref=europeans.today), founder of the Socialist Party of America, [ran for president in 1920](https://www.washingtonpost.com/dc-md-va/2019/09/22/socialist-who-ran-president-prison-won-nearly-million-votes/?ref=europeans.today) while serving a prison sentence for sedition. Although he lost the election, he nevertheless won 913,693 votes. Debs promised to pardon himself if he were elected. And controversial politician and conspiracy theorist [Lyndon Larouche ](https://www.nytimes.com/2019/02/13/obituaries/lyndon-larouche-dead.html?ref=europeans.today)[also ran for president](https://www.nytimes.com/2019/02/13/obituaries/lyndon-larouche-dead.html?ref=europeans.today) from a jail cell in 1992. ![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/11/wwww-00029.jpg) ###### Even in the case of conviction and incarceration, a presidential candidate would not be prevented from continuing their campaign. | [Unsplash / Emily-Jo Sutcliffe](https://unsplash.com/@emilyjox?ref=europeans.today) ### **A prison cell as the Oval Office?** Several provisions within the *Constitution* offer alternatives that could be used to disqualify a president under indictment or in prison. The [*25th Amendment*](https://constitution.congress.gov/browse/essay/amdt25-1/ALDE%5F00001013/?ref=europeans.today#:%7E:text=Twenty%2DFifth%20Amendment%2C%20Section%201,Vice%20President%20shall%20become%20President.) allows the vice president and a majority of the cabinet to suspend the president from office if they conclude that the president is incapable of fulfilling his duties. The amendment states that the removal process may be invoked... 🧾 *“... if the President is unable to discharge the powers and duties of his office.”* It was proposed and ratified to address what would happen should a president be incapacitated due to health issues. But the language is broad and some legal scholars believe it could be invoked if someone is deemed incapacitated or incapable for other reasons, such as incarceration. To be sure, a president behind bars could challenge the conclusion that he or she was incapable from discharging the duties simply because they were in prison. But ultimately the amendment leaves any such dispute to *Congress* to decide, and it may suspend the President from office by a two-thirds vote. Indeed, it is not clear that a president could not effectively execute the duties of office from prison, since the *Constitution* imposes no requirements that the executive appear in any specific location. The jail cell could, theoretically, serve as the new *Oval Office*. Finally, if Trump were convicted and yet prevail in his quest for the presidency in 2024, *Congress* might choose to impeach him and remove him from office. [*Article II, Section 4*](https://constitution.congress.gov/browse/essay/artII-S4-1-1/ALDE%5F00000282/?ref=europeans.today#:%7E:text=Article%20II%2C%20Section%204%3A,other%20high%20Crimes%20and%20Misdemeanors.) of the *Constitution* allows impeachment for *“treason, bribery, and high crimes and misdemeanors.”* Whether that language would apply to Trump for indictments or convictions arising from his previous term or business dealings outside of office would be a question for *Congress* to decide. The precise meaning of *“[high crimes and misdemeanors](https://www.theatlantic.com/ideas/archive/2019/10/what-does-high-crimes-and-misdemeanors-actually-mean/600343/?ref=europeans.today)”* is unclear, and the courts are unlikely to second-guess the *House* in bringing an impeachment proceeding. For sure, impeachment would remain an option – but it might be an unlikely one if Republicans maintained their majority in the *House* in 2024 and 2026. ![PMP Magazine](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2021/09/end-flat-1.png "PMP Magazine") --- | [![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/08/feeback1-small-flatten-1.png)](https://forms.gle/tRe7igVtMPaiAPtJ8?ref=europeans.today "Leave some feedback") | [![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/08/share-1-small-flatten.png)](#share "Share this article") | [![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/08/comment4-small-flatten-2.png)](#comments "Leave a comment") | | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- ### **— AUTHOR —** | ![](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2022/11/stephanie-lindquist.jpg) | ▫ **[Stefanie Lindquist](https://www.europeans.today/author/stefanie-lindquist)*, Foundation Professor of Law & Political Science, Arizona State University. Recognized as an expert on the U.S. Supreme Court, constitutional law, administrative law, and empirical legal studies.* | | ------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- ##### Sources **Text:** This piece was originally published in [The Conversation](https://theconversation.com/no-an-indictment-wouldnt-end-trumps-run-for-the-presidency-he-could-even-campaign-or-serve-from-a-jail-cell-194425?ref=europeans.today) and re-published in PMP Magazine on 16 November 2022\. | The author writes in a personal capacity. - **Cover:** Screenshot from [ABC News](https://www.youtube.com/watch?v=8tSYwJ1%5FhtE&ref=europeans.today). ![The Conversation](https://counter.theconversation.com/content/194425/count.gif?distributor=republish-lightbox-basic)