Former President Donald J. Trump has been indicted for hoarding sensitive government documents, leading to questions about whether he can run for president again while facing charges.
Although an indictment or a conviction would not legally prevent him from running, it would be highly unusual for a major party nominee to have such a criminal record.
Examples of past candidates facing criminal charges include Rick Perry, the former governor of Texas who ran for the Republican nomination in 2016 while indicted on abuse of power charges (the charges were later dismissed), and Eugene V. Debs, who ran as the Socialist Party nominee in the 1920 election while serving a prison sentence for Espionage Act violations.
If Mr. Trump were to be elected president with a felony case pending against him or after conviction, it would create significant complications.
In the past, the Justice Department has maintained that indicting a sitting president would be unconstitutional because it would interfere with their ability to perform their executive duties. Mr. Trump would likely seek to have the case dismissed on these grounds. However, as the Supreme Court has never ruled on this specific issue, it is unclear what the outcome would be.
It’s worth noting that the Supreme Court allowed a federal lawsuit against President Bill Clinton to proceed in 1997 while he was in office. This was a civil case, not a criminal one like Mr. Trump’s. Additionally, Mr. Trump is also facing a state case, as he was indicted in Manhattan in April for falsifying business records related to a hush-money payment.
If Mr. Trump were to be convicted and incarcerated but still elected president, it would create even more complications. One possible outcome is that he could obtain a court order for his release based on a constitutional challenge. Another possibility is that he could be immediately removed from office under the 25th Amendment, which allows for the removal of a president who is “unable to discharge the powers and duties of his office.”
