Q: If no one really is above the law, can former President Donald Trump still run for president even after he has been indicted for alleged crimes, including felonies?
R.M., Manhattan Beach
A: Our Constitution sets forth three criteria to run for president. You are: (1) a natural born citizen; (2) 35 years of age or older; and (3) a resident of the United States for at least 14 years.
Hence, there is nothing expressly stated that prohibits or prevents someone from running for president after he or she has been indicted. At this time, there also is a presumption of innocence until proven guilty.
Q: There are various criminal charges that may be brought against Trump. Could he actually be imprisoned if convicted?
P.H., Monrovia
A: It depends on what he is convicted of, if anything, and what the statute provides in the way of punishment. That said, there may be discretion the court is entitled to exercise that provides for a sentence other than incarceration.
Note that all living former presidents are entitled to receive lifetime Secret Service protection, unless they decline it. So, a question arises: Would one or more Secret Service members have to stay by his prison cell? Another question: If he is convicted of a federal offense, would he be pardoned, or his sentence commuted? (See the question and response below).
Q: What is a presidential pardon, and is that different from commuting a sentence?
J.B., Long Beach
A: The Constitution of the United States provides the president with broad clemency powers over federal offenses, including the authority to pardon crimes and commute sentences. A pardon is, in effect, forgiveness for those who accept responsibility for their crime(s) and demonstrate rehabilitation. You seek a pardon to restore your “good name.” In some instances, the individual has been a person with ties to, or a friendship with, the sitting president. As such, at least on occasion a pardon seems a little suspect.
A commutation is a…
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