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What Happens if Trump Is Convicted? Your Questions, Answered
TIME
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5/21/2024
As the Manhattan criminal trial of former President Donald Trump heads into the final stretch, a jury will soon deliver a verdict that could raise a series of unprecedented legal and political questions if Trump is convicted.
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00:00
A Manhattan jury will soon decide if Donald Trump is guilty or not guilty in his hush
00:04
money trial, and the stakes are incredibly high.
00:07
Donald Trump is the only former president in the US ever to be indicted, and this New
00:11
York case will render the first verdict and may be the only case of his that gets to trial
00:16
before the election.
00:18
Trump is facing 34 felony counts in this case over allegations that he falsified business
00:22
records to conceal a $130,000 hush money payment to adult film actress Stormy Daniels before
00:28
the 2016 election.
00:30
A verdict is expected shortly after Memorial Day, with closing arguments scheduled for
00:34
May 28.
00:35
But what happens if Trump is convicted?
00:38
Will he be sent to jail?
00:40
Can he appeal?
00:41
Can he even vote for himself in the November election?
00:44
We're going to answer all of your questions.
00:51
Donald Trump can run for president even if he's convicted.
00:54
A felony conviction does not legally prevent someone from running for president, even if
00:58
they were jailed.
01:00
The Constitution says that all natural born citizens who are at least 35 years old and
01:04
have been a resident of the US for 14 years can run for president.
01:08
Being a felon isn't a disqualifier.
01:11
History also tells us that candidates with criminal convictions have run for president
01:14
in the past, albeit unsuccessfully.
01:17
About 100 years ago, Eugene Debs ran for president while in federal prison as the nominee of
01:22
the Socialist Party, and he got close to a million votes without ever hitting the campaign
01:25
trail.
01:26
Another convicted presidential candidate, Lyndon LaRouche, ran for president in every
01:30
election between 1976 and 2004, including one campaign from prison, but he only got
01:36
over 26,000 votes.
01:41
It's possible, but it's not a certainty.
01:46
The judge in this case, Justice Juan Marchand, has final discretion in sentencing, and given
01:51
factors like Trump's age, he's about to turn 78, and his lack of prior convictions,
01:56
he might avoid jail time.
01:58
In fact, most first-time offenders in non-violent cases are often sentenced to probation and
02:03
fines.
02:04
That being said, it is possible the judge decides to incarcerate Trump if he's convicted.
02:09
And if he does, it's expected the sentence would be anywhere from one to four years,
02:13
either at New York City's Rikers Island or in one of the New York's 44 state prisons.
02:19
And unlike his other criminal cases, if Trump is convicted in this trial and elected president
02:23
again, he would not be able to try to pardon himself.
02:27
And that's because falsifying business records is a state crime, and only the New York governor
02:31
could pardon him.
02:39
If Trump is convicted, he will almost certainly appeal the verdict, and that process could
02:43
take months to play out.
02:45
It would likely begin in the appellate division in Manhattan, and could eventually reach the
02:49
Court of Appeals in Albany.
02:51
It's hard to say how long that would take, but given the complexity and the significance
02:55
of the case, it's possible that the appeals process wraps up after Election Day.
03:04
We know that Trump can still run for president with a felony conviction, but can he vote
03:08
for himself as a convicted felon?
03:10
Well, it depends.
03:12
For Trump to lose his voting rights, he would need to actually be in jail at the time of
03:16
the November election.
03:17
And like I said earlier, it is possible that the judge hands him a jail sentence, but if
03:21
his appeal takes longer than six months, then he'll be able to vote.
03:26
Now the Constitution does not address whether convicted felons have the right to vote, but
03:30
several states impose limitations on their voting privileges.
03:34
So in Florida, where Trump lives and has voted since 2020, a felon's eligibility to vote
03:38
depends on the laws of the state where the conviction occurred, which in this case is
03:43
New York, which only revokes a felon's voting rights while they are incarcerated.
03:49
So if Trump is convicted and receives a probationary sentence, he would maintain his eligibility
03:54
to vote.
03:55
The only way he wouldn't is if he were in jail at the time of the election.
04:00
Well, first, let me give some background.
04:07
Trump is facing 40 felony counts in Florida for allegedly hoarding classified documents
04:11
and obstructing the government's efforts to retrieve them, 4 counts in Washington related
04:15
to his alleged efforts to overturn the 2020 election, and 13 felony counts in Georgia
04:20
in connection to his alleged attempts to overturn the 2020 election result in that state.
04:25
While a conviction in the Hush Money trial wouldn't directly impact Trump's other cases,
04:30
it could significantly influence his legal strategy and public perception.
04:34
A guilty verdict could embolden prosecutors, it could affect jury perceptions, and potentially
04:39
impact whether he's willing to negotiate a plea deal or settlement agreement, or if he's
04:44
willing to take the stand in those trials.
04:47
It might also undermine Trump's credibility in future trials, and it's possible the judges
04:51
may take the conviction into consideration when determining sentencing.
04:55
Ultimately, though, we don't know what impact conviction would have, but it is possible
05:00
that it influences his legal defense in those cases and shapes the public's perception of
05:04
of his legal troubles.
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