EVEN IF CONVICTED, TRUMP COULD BE PRESIDENT AGAIN. HERE’S WHY

DONALD TRUMP, THE Republican presidential candidate, became the first former Presidenttofaceacriminaltrialonmonday, when he appeared in a New York court on chargesthatheillegallycoveredupahushmoney payment to adult film star Stormy Daniels. Will a conviction hamper his bid to become President again?

What is the current trial about?

The trial relates to a $130,000 payment made by Trump’s then lawyer Michael Cohen to Daniels in October 2016, during the final weeks of his first presidential campaign, in exchange for Daniels’ silence about an alleged sexual encounter with Trump in 2006. In 2018, Cohen testifiedthattrumphadfalsely classified the purpose of this payment by labelling it as a legal expense.

Prosecutors thus concluded that the money given to Daniels was “an improper donation” to the Trump campaign, made to silence a potential sex scandal. Making a false entry in company records is a misdemeanour as per New York law, but falsifying records to conceal another crime — in this case violation of election law — is a felony.

If convicted, what punishment is Trump looking at?

The prosecution has charged Trump with 34 counts of felony — which he has pleaded not guilty to — for falsifying business records. The maximum sentence for each charge, according to New York law, is four years imprisonment. First-time offenders (like Trump), however, are rarely sent to prison solely for the falsification of records.

A fine, probation, and in the worstcase scenario, home confinement, are all more likely punishments Trump will receive if convicted. Even if imprisoned, Trump is likely to still be released on bail during any appeal.

But can Trump still be President if convicted?

There is no legal provision barring Trump from becoming President, even if he is convicted. According to the US constitution, the only eligibility criteria to become President is age (minimum 35 years old), birth (“natural born” citizen), and residence (must have lived in the US for at least 14 years). In theory, Trump could even be sworn in from prison if he were to win the election. While states could try to keep Trump off the ballot by passing laws requiring a clean criminal record, such legislation is unlikely to stand in courts.

Trump has long leveraged criminal cases against him. According to his campaign filings last year, he saw a surge in donations every time he was indicted.

Nonetheless, a conviction is a very different matter. A Reuters/ipsos poll this month found a firm majority of voters viewed the New York criminal charges against Trump as serious, with a quarter of Republican respondents saying that they would not vote for Trump if he were convicted of a felony crime by a jury.

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