Will Trump Be Able to Run for President and Serve if Convicted?

Earlier this year, Donald Trump became the first former U.S. president to be indicted. The cases involve criminal efforts to overturn the results of the 2020 presidential election (federal 2020 election case), attempted election interference (Georgia 2020 election case), mishandling of classified documents (Mar-a-Lago document case), and hush money payments (New York case). Now facing four separate indictments, he could potentially be convicted before he runs for president in the 2024 United States presidential election.

Overview of Trump’s Four Criminal Cases

Here is a guide to the key allegations in each of Trump’s four criminal cases and the unique challenges he could face during the 2024 presidential election.

Federal 2020 Election Case

The federal election case involves multiple co-conspirators, including Rudy Giuliani and Sidney Powell. It is expected to be a slow prosecution due to the number of defendants and procedural requirements.

Georgia 2020 Election Case

The Georgia election case is sprawling, with multiple co-defendants. It may not be resolved before the 2024 election, but it can still proceed even if Trump is elected president.

New York Case

The New York case involves Trump’s alleged business fraud to cover up hush money payments. It is a state charge controlled by local prosecutors and could pose challenges for Trump even if he is elected president.

Mar-a-Lago Document Case

The Mar-a-Lago document case is the most straightforward of the four. It involves allegations of mishandling classified documents and is pending in a federal court in Florida.

Expert Analysis

Craig Green, Professor of Law

“Trump’s indictments are almost unreal. The scenarios are far beyond any episode in U.S. political history, so it is difficult to predict the outcomes. His indictments mean that the legal and the political presidential primary calendars are on an inevitably fierce collision course.”

Lauren Ouziel, Professor of Law

“The federal 2020 election indictment is a surgical strike, while the Georgia election case is sprawling. The New York case is legally infirm, and the Mar-a-Lago document case is the most straightforward. The outcome of each case and its impact on Trump’s political campaign remain uncertain.”

Susan Sullivan, Assistant Professor of Political Science and Criminal Justice

“Accusations of election interference in the Georgia case could tarnish Trump’s image, but his familiar victim narrative may still resonate with his base. Regardless of his criminal indictments, Trump can still run for president and be elected unless he is successfully impeached and convicted.”

Can Trump Serve as President if Convicted or While in Prison?

Regardless of conviction and jail time, Trump can still be a presidential candidate and win the election. The only way to disqualify someone from serving as president is through successful impeachment and conviction voted by the Senate for “high crimes and misdemeanors.” Trump’s felony indictments may meet the legal definition of impeachment, but the final decision rests with Congress. If Trump wins the 2024 election, is convicted of criminal charges, and then is impeached, it will be another unprecedented chapter in the American story of Trump.