Can Trump still run for President?

 Direct translation

Convicted in the hush money case, can Trump still run for president?

Reporters : Samantha Flom and Jackson Richman/Translated by Chen Ting / Editor : Li Muen / https://www.epochtimes.com/gb/24/5/31/n14261284.htm / Image : On 30 May 2024, former U.S. President and Republican presidential candidate Donald Trump raised his fist to the people when he returned to Trump Tower after being convicted in his criminal trial. (Timothy A. Clary/AFP via Getty Images)

 A Manhattan jury took less than 12 hours to reach a verdict on former President Trump’s criminal trial in New York, finding him guilty of 34 counts of falsifying business records with the intent to cover up another crime.

This makes Trump the first US president in history to be convicted. If his appeal is unsuccessful, he could face penalties such as imprisonment, probation, or a fine.

Ultimately, the presiding judge, Juan Merchan, will determine the sentence. Manhattan District Attorney Alvin Bragg has not yet said whether prosecutors will seek a prison sentence.

The judge has scheduled a sentencing hearing for 10 a.m. on July 11, just four days before the Republican National Convention, where Trump is expected to be formally nominated as the Republican presidential candidate.

As a convicted felon, President Trump can still run for president of the United States. Here's what you need to know.

What crime was Trump convicted of?

The six-week trial centered on a $130,000 payment from Trump's former lawyer Michael Cohen to adult film star Stormy Daniels, whose real name is Stephanie Clifford, before the 2016 presidential election.

Manhattan District Attorney Alvin Bragg claimed that Cohen made the payment on Trump's behalf to ask Daniels to keep quiet about her affair with Trump. Trump himself denies having an extramarital affair.

Prosecutors further alleged that Trump's payments to Cohen were falsely reimbursed as "legal expenses" to cover up another crime, falsifying business records at the felony level.

The secondary crime, prosecutors said, was a violation of New York election law, which makes it a criminal offense to conspire to "promote or discourage the election of any person to public office by unlawful means."

The unlawful means identified by prosecutors include violations of the Federal Election Act, falsification of other business records or violations of tax laws. Judge Melchand ruled that the jury did not have to agree on what "unlawful means" were.

Throughout the trial, Trump has maintained his innocence.

What's next?

The crimes Trump was convicted of are Class E felonies, the lowest level under New York law. Each count carries a maximum sentence of four years in prison, and state law provides for a maximum sentence of 20 years.

Trump can appeal his conviction within 30 days, though he may also appeal his conviction immediately. But if his appeal fails, his fate will be in the hands of a judge he has publicly criticized as biased and "corrupt."

During the trial, Trump twice asked Judge Merchan to recuse himself from the case because he believed Merchan had conflicts of interest. One of those conflicts was that the judge's daughter, Loren Merchan, was the head of a political consulting firm that had the Biden-Harris campaign as a client.

Merchan also placed a gag order on Trump, prohibiting him from commenting on court staff, prosecutors, potential witnesses, jurors and the judge's own family members. Trump was fined $9,000 during the trial for violating the gag order.

Many legal experts do not expect Trump to face jail time. In his remarks after the verdict was announced Thursday (May 30), Bai did not answer the question of whether prosecutors would seek a prison sentence.

In addition to prison, probation or home confinement are also possible options.

Sentencing will be at Merchan's discretion. He will consider Trump's criminal record (he has no previous convictions) as well as other factors, such as his personal history and the crime itself.

The judge may also allow Trump to serve his sentence after exhausting his appeals.

Trump called the trial a "disgrace," but he seemed undeterred by the verdict as he spoke to reporters outside the courtroom.

"The real verdict will be made by the people on November 5," Trump said. "We will continue to fight and fight to the end, and we will win."

Can Trump still run for president?

Yes. Even as a felon, Trump can continue to run and try to return to the White House. There is nothing in the U.S. Constitution that prohibits a felon from running for or serving as president of the United States.

Just four days after the scheduled sentencing hearing, the Republican National Convention will convene on July 15, at which Trump will be nominated as the Republican presidential candidate.

The only reason a person cannot run for president, other than not being a U.S. citizen by birth, is if the Senate votes to bar that person from holding public office. While the Senate vote only requires a simple majority to pass, it would require a conviction in an impeachment trial in the House of Representatives, which would require a two-thirds majority to pass.

In addition to his conviction in New York, Trump is involved in two federal lawsuits filed by special prosecutor Jack Smith and a 2020 election case filed in Georgia by Fulton County District Attorney Fani Willis.

Mounting legal troubles have become an obstacle to Trump's presidential campaign. With the first presidential debate coming up on June 27, the presumptive Republican nominee would no doubt prefer campaigning to fighting for his freedom.

If Trump is in jail, can he still be president?

Even if President Trump is jailed before the election, he can still serve as commander-in-chief if he is elected president. He can still order military action, sign bills into law, grant pardons in federal cases, sign proclamations, and perform all the duties of a president.

As for what a presidential office in a prison would look like, that's another story. But he would still be protected by the Secret Service like every other president. Even as a former president, he is protected by the Secret Service unless he refuses. But given the threats he has received, that's unlikely.

Can Trump pardon himself?

If President Trump wins in November, he still can't pardon himself because the president only has the power to pardon in federal cases. However, if he is convicted in two federal cases, he can pardon himself, but the New York trial is a state case. In New York, the only person who can pardon him is the governor of New York.

Given that New York Governor Kathy Hochul is a Democrat who has criticized Trump, it seems unlikely that she will pardon him.

Original article "Here’s What Happens Next After Trump Felony Convictions" was published in The Epoch Times