Can Donald Trump Still Run for President in 2024 Ahead of Surrender?

A legal expert says there's nothing that prevents former President Donald Trump from running for 2024 election
Trump has stated that he does not intend to withdraw from the 2024 presidential election
The indictment has minimal bearing on the former president's campaign

After years of investigations into his personal, political, and business dealings, a Manhattan grand jury has indicted Donald Trump. This is a historical turning point and a sudden setback to his campaign to win the White House.

The charges, which arise from payments made during the 2016 presidential campaign to stifle claims of an illicit sexual encounter, were unclear on Friday since the indictment was still sealed.

Donald Trump Indictment

According to prosecutors, plans are being made to coordinate Trump's possible surrender early next week. In the case of a conviction, they did not state whether they intended to seek prison time; however, this development would not bar Trump from running for and winning the presidency.

The indictment, the first against a former president of the United States, thrusts a local district attorney's office into the middle of a presidential election and starts legal processes in the city where the former president lived for many years.

The accusations, which come at a time of intense political division, are likely to reinforce rather than reshape the opposing viewpoints of those who believe that accountability is long overdue and those who, like Trump, believe that a Democratic prosecutor is singling out the Republican for political reasons.

Trump, who has constantly criticized the inquiry and denied any wrongdoing, termed the charge "political persecution" and predicted it will hurt Democrats in the year 2024. Defense attorneys Susan Necheles and Joe Tacopina said in a statement announcing the accusations that Trump "did not commit any crime. In court, we will vigorously contest this political prosecution."

The Manhattan district attorney's office confirmed the indictment through a spokeswoman, who claimed prosecutors had contacted Trump's legal team to arrange a surrender. Trump is "likely" to turn himself in on Tuesday, according to Tacopina. Trump would not accept a plea bargain, according to Tacopina: "There is no crime."

Despite being requested to turn himself in on Friday, Trump's lawyers argued that the Secret Service needed more time to make security arrangements, according to two individuals familiar with the situation who spoke to The Associated Press. They requested anonymity since they were unable to discuss security matters publicly.

Can Trump Run as President in the 2024 Election?

Richard Hasen, a legal professor at the University of California, Los Angeles, said in an email that "nothing prevents Trump from running while accused or even convicted."

The Constitution stipulates three requirements for candidates. They should be:

A citizen born in the US
Minimum of 35 years old
A resident of the United States for at least fourteen years

Politically, it may be more difficult for a candidate who has been indicted and potentially become a convicted felon to garner votes. Candidates need to put their best foot forward during trials. Nonetheless, they are not prohibited from running or being elected, as per CNN.

There are a few asterisks in the Constitution and the 14th and 22nd Amendments, but none currently apply to Trump in cases where a formal indictment is imminent.

The 22nd Amendment prohibits anyone who has served as president twice (i.e., been elected twice or served half of another president's term and subsequently won his or her term) from standing for office again. Trump does not qualify because he lost the 2020 election.

If a person is impeached by the House and convicted of high crimes and misdemeanors by the Senate, he or she is removed from office and barred from holding public office again. During his administration, Trump was twice impeached by the House and acquitted by the Senate twice. The 14th Amendment contains a "disqualification clause" established with former Confederate soldiers in mind.

Donald Trump is the first former president in US history to face criminal charges, having been indicted in New York for his role in paying hush money to a porn star. The historic indictment raises numerous questions as the nation speeds toward the presidential election of 2024, in which Trump is the top GOP candidate.

Per USA Today, it remains to be seen whether the indictment will assist or damage Trump politically, but early fundraising numbers indicate that the charges have rallied his support. Yet, according to legal experts, the indictment has minimal bearing on the former president's campaign for the nation's highest position.

Notwithstanding his legal issues, the former president has stated that he does not intend to withdraw from the 2024 presidential election. Trump's accusations have not been made public. But the New York grand jury was investigating the former president for a $130,000 payment he made to adult film star Stormy Daniels just before the 2016 election to quiet her about a past affair.