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The allegations won’t stop Trump from running

The allegations won’t stop Trump from running

Trump’s filing of criminal charges in New York does not mean he cannot run for president, CNN reported on March 31.

“There is nothing stopping Trump from running if he is impeached or even convicted”Richard Hasen, a law professor at the University of California, Los Angeles, told the television channel.

The constitution requires only three things of a candidate: birthright citizenship (meaning the candidate must have been born in the United States), be over the age of 35, and reside in the United States for at least 14 years. Trump certainly meets all three of these requirements.

Politically, it may be more difficult for an indicted candidate who could become a convicted felon to get votes, but that may not be the case for Trump. Courts can stop candidates from doing their best or from campaigning. But they are not prohibited from running or being elected.

There are several caveats in both the Constitution and the 14th and 22nd Amendments, none of which currently apply to Trump in what is considered the closest thing to impeachment.

The 22nd Amendment prohibits anyone who has been president twice (meaning, been elected twice or served part of someone else’s term and then won their own) from running again. This does not apply to Trump, as he lost the 2020 election.

If a person is impeached by the House of Representatives and found guilty of felonies and misdemeanors by the Senate, he or she is removed from office and loses the right to run for office again. Trump, though twice impeached by the House of Representatives during his presidency, was twice acquitted by the Senate.

The 14th Amendment includes a “disqualification clause” written specifically for former Confederate soldiers that prohibits those involved in the rebellion from holding federal office. The indictment in New York over the payment of hush money to a porn star has nothing to do with riot or rebellion. As well as possible federal charges regarding classified documents.

Potential allegations in Fulton County, Georgia regarding interference in the 2020 election, or at the federal level regarding the January 6 uprising, could be interpreted by some as a form of rebellion. But this is an open question that will have to be resolved through the courts. And it is possible that in the year and a half that remains for the 2024 elections they will not have time to solve it.

Source: Rossa Primavera

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