In the 2024 U.S. presidential election, Donald Trump has been proclaimed the victor. This outcome, which follows his successful campaign against Vice President Kamala Harris, will see him enter the White House for his second term as the 47th president of his country. While he has been elected president, Trump continues to encounter legal challenges linked to his involvement in the 2016 presidential election scandal. What are the implications, and how will his conviction as a felon affect his tenure in office? Let’s break down what we understand up to this point.
The term ‘convicted felon’ refers to anyone who has been prosecuted successfully for a felony, a crime severity level associated with severe penalties. For American citizens, a felony conviction frequently carries significant repercussions, which can differ from state to state. Felony records could, for instance, hinder people from casting their voting ballot, or from gaining access to some specific job opportunities and credit facilities.
In an unprecedented trial process that spanned six weeks in May, Trump was held accountable on all the 34 charges of tampering with business records. This verdict was reached in the wake of compelling evidence that was presented by high-profile witnesses, indicating that Trump allegedly disguised payments in order to obscure a separate crime. The jury of 12 reached a unanimous consensus on the allegations that Trump had manipulated the records to hide illegitimate interference in the 2016 presidential election, facilitated by the $130,000 payoff. Trump’s charges of tampering with business records now stand as felonies, carrying with them the possibility of a four-year prison sentence.
Trump’s sentencing was initially planned for July 11, but it was postponed by Judge Juan Merchan of New York. The judge acceded to the request from Trump’s legal team who were looking for additional time to challenge the conviction with the Supreme Court’s immunity ruling on July 1 – a ruling that sheltered Trump from being prosecuted over some of his actions as president. The decision to delay the sentencing was taken once again to ensure that it did not influence the presidential election. Trump’s appearance in court for the eagerly awaited sentencing is now slated for November 26.
The legitimacy of Trump’s candidacy in the 2024 presidential election was questioned on social media platforms just weeks preceding the election, owing to his conviction on 34 counts of felony in New York. However, neither the 14th Amendment nor any other constitutional provision prohibits individuals convicted of a felony from holding office. The caveat in the constitution, which prevents anyone who has sworn to support the constitution and subsequently engaged in rebellion against it from assuming office, necessitates congressional action for enforcement according to a Supreme Court ruling in March.
Despite his legal troubles, Trump remains eligible to participate in the election process in Florida, where he resides, due to a specific inter-state clause. Although the state has stringent rules for voting rights of convicted felons, it defers the voting rights of those convicted in other states, to the laws of the state where the conviction took place. In Trump’s case, Governor Ron DeSantis of Florida validated his right to vote in advance of the election.
Indeed, Trump made history by becoming the first U.S. president-elect with a felony conviction. In a surprising turn of events, the Republican politician garnered even greater support subsequent to his felony convictions than in his 2016 presidential bid. Observing this phenomenon, Marc Short, who previously served as Mike Pence’s chief of staff, said ‘It is remarkable how intensely loyal his support remains.’ Mike Pence, the former Vice President, refrained from endorsing Trump and has publicly reproached him concerning the events of January 6th.
In another historic precedent, Trump is the first former president to be convicted of a felony and the second such individual to seek presidential office. More than a hundred years ago, Eugene V. Debs, the Socialist candidate, campaigned for presidency for the fifth time while serving a ten-year sentence in an Atlanta prison for sedition related to his stance against U.S. involvement in World War I.
It’s worth pointing out that Rick Perry, the former governor of Texas, took part in the 2016 Republican primary presidential run, together with Trump, despite an indictment two years prior on charges of official misconduct and coercion of a public servant. However, Perry dropped out of the competition a few short months into the primary. As shown in instances like Florida, the significance of the convicting state can rival that of an individual’s state of residence when it comes to the legal rights of those convicted of felonies.