Tried for falsification of accounting documents in the Stormy Daniels affair, Donald Trump could be incarcerated. As the presidential election against Joe Biden looms, this court decision could change everything for the billionaire. Can he be elected and in prison? What does he have to lose and gain? The answers.
The twelve jurors in the trial of Donald Trump began to deliberate on Wednesday May 29, 2024. After four hours of discussion, they demanded to be able to rehear certain testimonies, in particular that of Michael Cohen, former lawyer of the ex-president of the United States. United in the Stormy Daniels case. As a reminder, the American billionaireis being prosecuted for 34 falsifications of accounting documents which would have made it possible to conceal the payment of 130,000 dollars to the former porn star. A sum which had been used to buy the latter’s silence on the subject of a sexual relationship that she claims to have had with Donald Trump. An affair that the 77-year-old man formally denies. Five months before the American presidential election, which will pit Donald Trump against Joe Biden, a question arises: can the real estate mogul be elected from prison?
An American president possibly in prison and elected
To be elected President of the United States, a candidate must meet three cumulative conditions. First, being born an American citizen. Then, be over 35 years old. Finally, having resided in the country for more than fourteen years. These conditions are set by the American Constitution. This is why Donald Trump could very well be elected president of the United States, in prison. However, it is unlikely to see him imprisoned.
If the trial were to result in a conviction before the national vote scheduled for November 2024, Donald Trump and his lawyers would then appeal the decision in order to avoid going to prison immediately. In addition, if he is found guilty, due to the absence of a criminal record, the judges in New York could pronounce an alternative sentence such as a suspended sentence with probation, or even work. general interest accompanied by a fine. A decision which could also save Donald Trump from a stay behind bars.
Can Donald Trump pardon himself for federal crimes?
Donald Trump’s strategy could also consist of dragging out the judges’ decision as long as possible. Indeed, if he were to win the presidential election at the end of 2024, which is not excluded, facing a Joe Biden rejected by a large section of the country, the ex-president could pardon himself for the federal crimes, subject to validation by the Supreme Court. States can impose ineligibilities on convicts for local warrants, but not for federal warrants. In addition, as head of the executive branch, he will be able to order his Justice Department to drop the charges against him in the Stormy Daniels affair.
Wasted time… And money
One thing is certain, if Donald Trump is a billionaire, the Stormy Daniels trial and the three other criminal cases in which he is mired have cost him an astronomical sum. A sum which will therefore not be intended for his campaign, but rather to pay part of the legal costs. Donald Trump notably decided to withdraw no less than 5.6 million dollars from the coffers of his “Save America” financing committee. An obligation which probably did not appear on his roadmap. Furthermore, such a gesture could annoy potential new donors who hope for a different management of these funds, usually allocated to their political agenda. All these affairs are also a huge waste of time for Donald Trump. In the absence of meetings and meetings with his voters in the four corners of the country, the latter is forced to appear at the numerous hearings to which he must respond.
Attempted electoral fraud, Mar-a-Lago documents… Donald Trump’s other setbacks
Donald Trump will face other trials in the months and years to come. Three other trials await the former President of the United States. First, concerning the 2020 presidential election and the assault on the Capitol on January 6, 2021. He is notably being prosecuted for illicit attempts to reverse the results of the 2020 election and charged with “conspiracy against American institutions” and ” violation of the right to vote. He faces dozens of years in prison. Next, about the accusation of attempted voter fraud in 2020 in Georgia. Donald Trump is being prosecuted with fourteen other people for organized crime. Maximum sentences of twenty years in prison could be imposed.
Finally, in the case of retention of classified documents from Mar-a-Lago, justice accuses him of having compromised national security by keeping documents there, including military plans or documents on nuclear weapons, and of having attempted to destroy evidence in this case. Facts punishable by ten years in prison.