Trump as president, again?

Title: Can Trump run for president from prison?

Donald Trump is the first president in American history to face criminal charges. His arraignment was in response to an indictment announced by New York County district attorney, Alvin Bragg, over a hush money payment. Trump’s lawyer - Michael Cohen - paid US$130,000 to adult film actress Stormy Daniels - real name, Stephanie Clifford - before the 2016 election to buy her silence as she wanted to go public over an alleged affair. Trump appeared in Manhattan Criminal Court on 4 April 2023. He was flanked by police, but not handcuffed, photographed for a mugshot, nor placed in jail prior to appearing before the judge. He was charged 34 counts for falsifying business records to conceal a series of alleged hush money payments. Trump pleaded not guilty to all the charges and insisted he did nothing illegal. The indictment was “all political” Trump emphasised that he was simply an innocent victim of a justice system with a “deep-rooted liberal bias being weaponised against him”.

“The criminal is the district attorney because he illegally leaked massive amounts of grand jury information for which he should be prosecuted, or at a minimum, he should resign.”

He also targeted Bragg’s wife as well as Judge Merchan, calling him a “Trump hating-judge with a Trump-hating wife and family whose daughter works for Kamala Harris”.

Trump has also cashed in on his arrest to fund his 2024 presidential election campaign. He created his own fake “Not Guilty” mugshot t-shirts, and the campaign has since raised US$7million since his indictment. He has also shared AI-created images of himself on social media.

His arrest has made him the most popular man in the Grand Old Party (GOP), as Republicans see him as a martyr figure. Polls have also shown a boost in voters, with 57% of respondents saying they would vote for the former president.

Compared to 44% earlier in March 2023, 48% of Republicans are now saying they want Trump as their nominee. A CNN poll released on the eve of Trump’s arraignment has also found that most Republicans don’t believe what he did was illegal, and a significant minority don’t believe he committed a crime.

Former deputy attorney-general for the state of New York, Danya Perry, stated that Mr Trump would be released on recognisance - a term for an agreement a defendant makes with the court to observe certain conditions.

The option for bail was abolished in New York for misdemeanours and non-violent felonies. Trump’s charge of falsifying business records in the first degree falls in the category of a low-level felony, but still carries a sentence of up to four years in prison. His total of 34 charges would land Trump with a maximum sentence of 136 years in state prison. However, at 76, his age might provide grounds for a compassionate sentence.

To date, there has not been a verdict, and the case is expected to be a drawn-out affair. It might not be resolved before Americans go to the polls for the next presidential election which will be held in November 2024. However, even if the former president were to be convicted for all his charges, nothing in the U.S Constitution disqualifies a candidate from running with a criminal record. The constitution only requires that a president be at least 35 years old, a “natural born citizen” and a resident of the U.S for at least 14 years.

Trump’s next court appearance is scheduled for 4 December.