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Donald Trump indicted: Yes, Trump could run for president from prison if he's convicted
Washington Examiner ^ | 6/9/2023 | Kaelan Deese

Posted on 06/11/2023 9:14:53 AM PDT by Signalman

Former President Donald Trump's federal indictment amid other criminal investigations raises the possibility that the leading Republican for the 2024 presidential nomination could face time in prison.

Trump faces a second indictment this year, this time on federal charges regarding his handling of classified documents, but there stands no barrier to running for president as a convicted felon or even behind a prison cell, as Eugene V. Debs did in 1920.

All eyes are on the former president and how he will move forward after what House Speaker Kevin McCarthy (R-CA) called a "dark day" for the United States.

For legal purposes, the two key points are whether Trump is convicted and whether he wins the presidency.

Trump's legal counsel will likely aim to delay the trial for as long as possible, though it's almost certain that Trump will be tried criminally in the middle of his presidential bid. Trump would be able to make bail and won't be jailed in the interim, and he can keep running for office regardless of the charges against him.

While Debs is far from the only person who sought the Oval Office while in prison, he is considered the most successful. In 1920, he became the Socialist Party nominee while serving a 10-year federal sentence for urging people to avoid the World War I draft.

Debs only earned 3% of the popular vote, not nearly enough to raise a serious consideration of the complex matters of what happens if an imprisoned candidate wins the general election.

If Trump were elected and took office before his trial reached a verdict, some legal scholars have suggested he could dismiss federal charges against himself because the Justice Department would be forced to answer to a sitting president.

"I mean, he could order it ended almost certainly," Case Western University law school professor Jonathan Adler told the Washington Examiner.

Legal experts have speculated the trial could take up to a year and a half before it begins.

"Things move quickly in federal court under the Speedy Trial Act, but in a case of this magnitude, we can expect it to take about a year before it goes to trial," Steve Toland, a criminal defense attorney who focuses on federal white-collar defense and investigations, told the Washington Examiner.

But Adler was not entirely convinced the criminal proceedings against Trump would extend until the November 2024 election.

"We usually expect criminal proceedings, especially federal criminal proceedings, to be somewhat slow, but I would not assume necessarily that any of these trials would extend the election," Adler said.

Others have said actions like a self-pardon could be unconstitutional because it sidesteps the notion that nobody should be the judge in his or her own case. And the DOJ could deviate from its policy in “extraordinary circumstances” under the approval of the U.S. attorney general.

"This is contested ... but I'm most convinced by the argument that the nature of a pardon as something that can be given — has to be bequeathed upon someone or given to somebody — is such that it can't be given to oneself," Adler said.

And some experts say a self-pardon is constitutional because the pardon power is very broadly worded in the Constitution, stating that presidents “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

But for state charges, like those filed in New York and expected to be filed in Georgia, they would remain in place because they are not under federal authority, Adler said.

It's not clear the impact Trump's federal indictment will have on his front-runner status in the GOP primary. His poll numbers rose after his indictment in March in a separate case in New York.

Trump has used investigations and his previous state charges as fundraising tools, arguing to supporters that he is under attack from the "deep state." Trump's campaign said in April that donations surged after he was indicted in New York.

With the indictment still under seal, Trump's lawyer says he is charged with seven criminal counts, including violations of the Espionage Act, obstruction of justice, and conspiracy.

And any forthcoming trial would likely take place months from now, allowing the former president to campaign freely.

Trump will make his initial appearance at the U.S. District Court for the Southern District of Florida on Tuesday.

"The case will likely stay in Florida because the main activities constituting the crime occurred there. Since most of the witnesses and Mar-a-Lago employees are in Florida, it is expected to remain in South Florida," Toland said.


TOPICS: Miscellaneous
KEYWORDS: washingtonexaminer

1 posted on 06/11/2023 9:14:53 AM PDT by Signalman
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To: Signalman

Lol Trump running from prison. That would top it all. Can he then pardon himself when he wins? Not that he’s done anything wrong.


2 posted on 06/11/2023 9:21:32 AM PDT by JudyinCanada ( During times of universal deceit, telling the truth becomes a revolutionary act.)
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To: JudyinCanada

He could only pardon himself for federal crimes. So if he were convicted in New York or Georgia, he could not pardon himself because those are state prosecutions.


3 posted on 06/11/2023 9:26:33 AM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
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To: Signalman

And I’ll still vote for him.


4 posted on 06/11/2023 9:27:09 AM PDT by Skywise
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To: Signalman

Democrats have a long history of running and governing from jail. I believe Mayor Curley of Boston (the British word meaning Town of Bozos) ran and governed from jail.


5 posted on 06/11/2023 9:29:47 AM PDT by MIchaelTArchangel
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To: Signalman

....and I would still vote for President Trump.


6 posted on 06/11/2023 9:30:41 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: Signalman

Trump won’t be in prison.

Our “slow ass” law system will have a trial.........at some point in the “far” future.


7 posted on 06/11/2023 9:43:06 AM PDT by unclebankster ( Globalism is the last refuge of a scoundrel)
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To: JudyinCanada
Just so all Freepers know: "The official documents governing classification and declassification stem from executive orders (including Obama's Executive Order (EO) 13526, which, by the way, gives Vice President Biden the authority to classify and declassify documents). But even these executive orders aren’t necessarily binding on the president. The president is not 'obliged to follow any procedures other than those that he himself has prescribed.'" James Risch, Politifact May 16, 2017 And in my humble opinion; unless the Espionage Act specifically states "Declassified information is also included in this act," this should clear up the federal charge of Trump waving around the Milley document in public. He was, in fact, waving around declassified information regardless of what he said (or believed) at the time about the information contained in the document.## https://www.politifact.com/factchecks/2017/may/16/james-risch/does-president-have-ability-declassify-anything-an/
8 posted on 06/11/2023 9:48:06 AM PDT by batazoid (Plainclothes cop at Capital during Jan 6 riot...)
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To: batazoid

Obama’s Executive Order (EO) 13526, which, by the way, gives Vice President Biden the authority to classify and declassify documents.

How can Obama’s Executive Order over ride the Constitution rules?.


9 posted on 06/11/2023 9:56:31 AM PDT by Vaduz (....)
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To: batazoid

Trump was not charged for the incident involving the Miley document, or for the incident involving the map shown to the PAC member. I think those incidents were included in the indictment to show Trump was careless in handling classified data, that he knew the data was classified and knew he did not have the authority to declassify it.


10 posted on 06/11/2023 10:02:05 AM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
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To: Signalman

This trial will be in Florida so the Praetorian Prosecutor will have to take more care in selecting a jury than in DC or Manhattan.


11 posted on 06/11/2023 11:05:02 AM PDT by arthurus ( * Covefe /|\)
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To: Signalman

Donald Trump is not going to prison. 🙄


12 posted on 06/11/2023 12:06:36 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Taxman

Ping


13 posted on 06/11/2023 12:41:01 PM PDT by Taxman (SAVE AMERICA! VOTE REPUBLICAN IN 2023 AND 2024!)
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