Donald Trump for the second time this month has been indicted on charges related to 2020 election subversion, this time in the state of Georgia — a stunning fourth time this year that the former president has faced criminal charges.
But could the former president, who remains the front-runner for the 2024 Republican presidential nomination, assume the Oval Office again if convicted of the alleged crimes? In short, yes.
University of California, Los Angeles law professor Richard L. Hasen — one of the country’s leading experts on election law — said Trump still has a path to the presidency should he win reelection in 2024.
“The Constitution has very few requirements to serve as President, such as being at least 35 years of age. It does not bar anyone indicted, or convicted, or even serving jail time, from running as president and winning the presidency,” he said in an email to CNN earlier this month.
Legal experts have pointed to the 14th Amendment as a way to keep Trump from holding office if he is convicted, which includes a “disqualification clause” that bars anyone from holding public office if they “have engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”
“There’s a big open debate over whether that element of the 14th Amendment is self-executing, and then open to judicial enforcement or whether Congress would need to pass legislation to enforce that provision. And that’s a debate that the legal academies are currently having now, we have no answer for that,” said Anthony Michael Kreis, an assistant professor of law at Georgia State University.
“But to the extent that there might be a conviction in Georgia or in Washington, DC, for these election-related crimes,” Kreis said, “I think that that’s another big open question about how these charges might relate to [Trump’s] ability and his eligibility to hold the office of the presidency.”
