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US presidential election 2024
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ExplainerCan Donald Trump be US president despite his criminal conviction?

  • The guilty verdict in his hush money trial would not stop the Republican candidate from running for the top job, or being sworn in from prison if he beats Biden
  • But Trump’s status as a convicted felon could hurt his chances with independents, and even voters from his own party

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A truck drives by the courthouse with a balloon depicting former US president Donald Trump in a prison garb in New York on Tuesday. Photo: AFP
Reuters

Donald Trump’s criminal conviction for illegally covering up a hush money payment to a porn star will not prevent the Republican candidate from pursuing his campaign to retake the White House, even if he were sentenced to prison before the Nov. 5 election.

Here’s why.

How can Trump be president despite his conviction?

The US Constitution only requires that presidents be at least 35 years old and US citizens who have lived in the country for 14 years.

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Neither a criminal conviction nor a prison sentence would affect Trump’s eligibility or his ability to become president. In theory, he could be sworn in from jail or prison if he were to unseat Democratic US President Joe Biden in the November 5 election.

A Trump supporter reacts to his guilty verdict in New York on Thursday. Photo: Reuters
A Trump supporter reacts to his guilty verdict in New York on Thursday. Photo: Reuters

Jailhouse presidential campaigns are not unprecedented in US history.

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Socialist Eugene Debs unsuccessfully ran for president from prison in the 1920 election, though unlike Trump he was not a serious contender.

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