Americans could be faced with choosing between Donald Trump and Joe Biden in a rematch of the 2020 election when heading to the polls in the 2024 election.
The recent indictments against ex-President Trump might influence the election outcome, but they won't affect his ability to run or potentially serve in office.
What Happened: In an unprecedented event for a U.S. president, Trump has been indicted twice in 2023. Additionally, there are reports suggesting that the former president might be facing a third indictment.
Despite facing indictments and impending trials that could potentially result in a criminal conviction, Trump shows no signs of giving up his 2024 presidential campaign.
In an interview with radio host John Fredericks, Trump discussed his claims of the 2020 election being rigged and what he might do differently in the 2024 election.
The former president also shared an update on what the indictments could mean for his campaign.
Fredericks asked Trump whether a sentencing outcome from the indictments and charges against him would halt his campaign efforts.
“Not at all, there’s nothing in the constitution to say that it could,” Trump said.
Trump added that even "the radical left" knows a sentencing won’t stop him from running for office in 2024.
Trump said that the Biden Administration is now using the Department of Justice to go after candidates, and what’s happening in the U.S. is similar to Third World countries.
Trump shared that he falls under the Presidential Records Act and at most “they have a civil case.”
“It’s disgraceful. It’s a terrible thing that’s happened in this country.”
The former president added that the indictments have had the reverse outcome that the Democrats were hoping for, with his ratings going up in polls.
“They want anyone but me.”
Related Link: Trump Gets New Criminal Charges, Another Defendant Is Named
Why It’s Important: The fact that Trump isn't considering bowing out of the 2024 presidential race won't shock many, and there's no legal precedent that would prevent him from running for or even winning the presidency, even if he were to be convicted or sentenced to prison.
The U.S. Constitution lists three requirements to run for president in the country, and they have been the same requirements since George Washington was the country’s first president.
To run for president, a person has to be a natural-born citizen, a resident of the U.S. for 14 years, and 35 years of age or older.
For those wondering if anyone has ever run for president from jail, the answer is yes.
One of the most famous cases was in 1920 when socialist Eugene V. Debs ran for president and received over one million votes. As the Socialist Party nominee, Debs received around 3% of the popular vote, according to Politico.
Debs was serving a 10-year federal sentence related to the Espionage and Sedition Acts.
While he only received a small portion of the vote, the result led to questions of what would happen if a candidate from jail ever actually won the election.
Some experts argue that the need to be in office and fulfill presidential duties could lead to a sentence being put on hold. Trump could also attempt to pardon himself immediately after taking office, which coincidentally is something that Debs promised to do had he won in 1920.
Seton Hall law professor Eugene Mazo told Politico previously that the country would be in uncharted waters if Trump was sentenced to jail and also won the 2024 election.
A constitutional amendment would be needed to prevent Trump from running for office or being elected as president.
Some members of Congress have floated ideas of using the 14th Amendment, which prevented former Confederates from holding state or federal office. Insurrectionists were banned from holding future office, something that could tie into potential charges related to Trump for the Jan. 6 attack on the U.S. Capitol.
There is also the 25th Amendment, which gives the rights to the vice president and Congress to declare the president “unable to discharge the powers and duties of his office” under Section 4. The amendment turns the power over to the vice president in that case.
While both amendments have been discussed related to Trump in the past, it is likely that a new provision would need to be passed to prevent him from running or holding office in the future.
In addition to the right to campaign for office from jail, Trump is also included in provisions related to potential incarceration in his SPAC deal. This deal is between Trump Media & Technology Group and Digital World Acquisition Corporation DWAC.
The SPAC merger filing said that a “material disruptive event” would not change the company’s ownership.
A material disruptive event is listed to include “the company principal announces that he is running for a public office” or “the company principal is personally convicted of a felony criminal offense.”
The wording is significant, as it says that Trump will still lead the company if he runs for president in 2024 or is convicted of a felony.
Read Next: Trump Dominates GOP Poll With 43-Point Lead As DeSantis Falters
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