Former President Donald J. Trump was indicted on Tuesday (1) for his widespread effort to overturn the 2020 election, following an extensive federal investigation into his attempts to remain in power after losing the presidency.
The indictment, presented by Special Counsel Jack Smith in the Federal District Court in Washington, claims that Trump conspired three times: once to defraud the United States; a second time to obstruct an official government proceeding, the certification of the Electoral College vote; and a third time to deprive people of a civil right, the right to have their votes counted. Trump is also accused of obstruction or attempted obstruction of an official proceeding.
The charges represent an extraordinary moment in U.S. history: a former president, in the midst of a campaign to return to the White House, being accused of attempts to use the power of the government itself to subvert democracy and remain in office against the will of the majority of voters.
Broadly speaking, the indictment described how Trump and six co-conspirators employed a variety of means to reverse the president’s defeat in the election almost from the moment the voting ended.
Trump was summoned for his initial hearing on Thursday afternoon (3) before a magistrate judge in the Federal District Court in Washington. A trial date and a schedule for pre-trial motions will be set, procedures that are likely to extend into the presidential campaign.
Trump faces the prospect of at least three criminal trials next year, amid the campaign for the presidency. The Manhattan trial, in which he is accused of bribing a former porn actress with the intent of keeping her silent about an alleged relationship between them, is scheduled to begin in March. The case regarding the confidential federal documents he took with him when he left the presidency is set to go to trial in May.
Trump leads the polls among Republican candidates by a wide margin over the second candidate, Ron DeSantis, governor of Florida.
If convicted, can Donald Trump serve as President of the U.S.?
The short answer is yes.
University of California, Los Angeles law professor Richard L. Hasen – one of the country’s leading experts on election law – said that Trump still has a long way to go to become president if he is re-elected in 2024.
“The Constitution has few requirements to serve as President, such as being at least 35 years old. It does not prevent anyone indicted or convicted, or even serving a prison sentence, from running for president and winning the presidency,” the professor told CNN.
In other words, the path is clear for Trump to continue his electoral campaign.
Source: The New York Times and CNN