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Can Trump be disqualified from running for president?
But can Trump really be disqualified if convicted? Only in the court of public opinion. Indictment and even conviction of a felony is no ground for disqualification of someone from running for president. Eugene V. Debs ran for president four times in the early 1900s and was a candidate while in jail. So did John Gordon, and a federal court approved his eligibility.
The Constitution in Article II, Section 1, Clause 5 provides the qualifications for president, and that clause does not preclude felons, insurrectionists or document removers.
In 2015, Republicans questioned whether Hillary Clinton would be disqualified if convicted under ยง2071 for violating document removal, concealment or destruction laws. She allegedly transferred government documents to her personal server. While he held a preliminary Republican view that she could be disqualified, former Attorney General and federal judge Michael Mukasey eventually walked it back, conceding that Article II of the Constitution trumped the criminal statute. So, sauce for the goose is sauce for the gander.
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