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4/18/2025 10:44:14 AM
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Can President Trump run for president after being arraigned? Ask the legal representative


Can President Trump run for president after being arraigned? Ask the legal representative

Q: If no one really is above the law, can former President Donald Trump still run for president even after he has been indicted for supposed crimes, including felonies?

R.M., Manhattan Beach



< img decoding =" async" class="alignleft size-article_inline_third lazyautosizes lazyload" src ="/ wp-content/uploads/2023/ 04/Ron _ Sokol-1. jpg?fit = 620 % 2C9999px & ssl = 1" alt ="" data-sizes =" vehicle" data-src ="/ wp-content/uploads/2023/ 04/Ron _ Sokol-1. jpg?fit = 620 % 2C9999px & ssl = 1 "data-srcset ="/ wp-content/uploads/2023/ 04/Ron _ Sokol-1. jpg?fit = 620 % 2C9999px & ssl = 1 620w,/ wp-content/uploads/2023/ 04/Ron _ Sokol-1. jpg?fit = 210 % 2C9999px & ssl = 1 210w" > A: Our Constitution states 3 criteria to run for president. You are: (1 )a natural born resident; (2) 35 years of age or older; and (3) a resident of the United States for at least 14 years.

Hence, there is nothing specifically mentioned that forbids or prevents somebody from running for president after she or he has been prosecuted. At this time, there also is a presumption of innocence up until tested guilty.

Q: There are different criminal charges that might be brought against Trump. Could he really be sent to prison if convicted?

P.H., Monrovia

A: It depends on what he is convicted of, if anything, and what the statute offers in the method of penalty. That said, there may be discretion the court is entitled to exercise that attends to a sentence aside from imprisonment.

Keep in mind that all living previous presidents are entitled to get lifetime Secret Service defense, unless they decrease it. So, a question arises: Would one or more Secret Service members need to stay by his jail cell? Another concern: If he is founded guilty of a federal offense, would he be pardoned, or his sentence commuted? (See the concern and reaction below).

Q: What is a presidential pardon, and is that different from travelling a sentence?


J.B., Long Beach

A: The Constitution of the United States supplies the president with broad clemency powers over federal offenses, consisting of the authority to pardon criminal offenses and commute sentences. A pardon is, in effect, forgiveness for those who accept obligation for their criminal offense(s) and demonstrate rehab. You look for a pardon to restore your "good name." In some instances, the person has actually been an individual with ties to, or a relationship with, the sitting president. As such, a minimum of on occasion a pardon seems a little suspect.

A commutation is a decrease (absolutely or partially) of a sentence for federal convictions, but does not alter the fact of conviction, imply innocence or remove relevant civil specials needs. For instance, the president may substitute a less serious punishment.

Ron Sokol has been a practicing lawyer for over 40 years, and has actually also served sometimes as a judge professional tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a replacement for actual consultation with a qualified specialist.

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Elwood Hill
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Elwood Hill

Elwood Hill is an award-winning journalist with more than 18 years' of experience in the industry. Throughout his career, John has worked on a variety of different stories and assignments including national politics, local sports, and international business news. Elwood graduated from Northwestern University with a degree in journalism and immediately began working for Breaking Now News as lead journalist.