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this post was submitted on 03 Aug 2023
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Sadly it's not actually against the rules to run for president from jail or even prison technically. There's even historical precident, although nobody running from jail has ever actually won.
Section 3 of the 14th Amendment:
He very well could be barred from running based on the latest indictment.
They could (and probably will) argue that even if he's being tried for insurrection he hasn't been convicted yet and therefore is eligible to run. If he does win it's questionable what would happen. I'm sure he would argue as a sitting president he was immune from prosecution and therefore that the case has to be dropped. Assuming that doesn't work he could try to pardon himself, but that's much shakier ground. Technically if you accept a pardon you're admitting guilt, so he would be barred from office, but if he's already in office what then?
I've posted this multiple times before, but I will post it again. It would take a completely novel interpretation of the 14th Ammendment to bar him from office based on the existing charges that have been filled in the Washington DC indictment. He was not charged with:
Therefore, he can and will continue to run for office regardless of whether he is convicted and imprisoned. This is wishful thinking that does not bare up to scrutiny based on any credible legal interpretations that I have seen. If you have evidence to the contrary I am certainly open to the idea, but nothing I have personally seen suggests this would be the case.