Can Donald Trump still be president after being convicted in hush money trial?

Published

4 months ago

May 31, 2024

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Donald Trump has become the first former US president to be criminally convicted – but what could the historic verdict mean for his ongoing election campaign?

A jury in New York deliberated for nine-and-a-half hours before unanimously agreeing Trump is guilty on 34 counts of falsifying business records to commit election fraud.

The former president covered up a $130,000 (£102,000) payment to porn star Stormy Daniels as part of a “hush money” scheme to bury stories he thought might hurt his presidential campaign in 2016.

The case was the first of four criminal cases against Trump to go to trial, and marked the first time a former president has faced criminal charges.

Follow live: Trump says he’s ‘a very innocent man’ after verdict

It is unlikely the remaining three cases will go to trial before the November election.

With the hush money verdict in, Sky News takes a look at what could happen to Trump’s quest for reelection now he’s been convicted.

Can Trump still run for president?

Yes. The US Constitution sets out three main requirements for being eligible to become president – and none of them reference being a convicted criminal.

Candidates must have been born in the US, be over 35, and have lived in the US for at least 14 years.

“Nothing prevents him from running for president and being elected, even if he is in jail at the time of the election,” Elizabeth Wydra, president of the progressive Constitutional Accountability Centre, told the LA Times.

That’s despite people with a felony conviction – a crime that can be punished by a year or more in prison – not being allowed to vote in some states.

But what if he were to be elected while in prison?

This is a little more complicated, firstly because it’s not clear if Trump will be sent to prison following the guilty verdict.

The convictions are class E felonies in New York, the lowest tier in the state, with each carrying a maximum sentence of four years.

In choosing the sentence, the judge will have to take into account Trump’s age – he’s now 77 – his lack of previous criminal convictions, and the fact that the case involves a non-violent crime.

Even if the judge, Justice Juan Merchan, opts for a custodial sentence, it’s likely Trump will appeal the guilty verdict – and expect to be on bail until that hearing.

That process could go all the way to the Court of Appeals, and, importantly for Trump, could drag on for months – possibly even past November’s election.

If Trump were to be elected while serving time, the situation becomes more complicated still, with even constitutional experts unsure.

“It’s just guessing,” Erwin Chemerinsky, a constitutional law expert at the University of California, Berkeley, told the New York Times earlier this year.

“We’re so far removed from anything that’s ever happened.”

Could power transfer to the vice president?

In theory, experts say, there is nothing to stop Trump from taking office, even if he were to be behind bars.

There is a provision – the 25th Amendment of the US Constitution – which provides a process to transfer authority to the vice president if the president is “unable to discharge the powers and duties of his office”.

However, that would require the approval of the vice president and members of Trump’s cabinet – who will have been hand-picked by him and will no doubt be loyalists.

It is more likely, experts say, that Trump would look to sue for his release or seek a pardon to allow him to govern.

How will the guilty verdict impact the election?

Opinion polls carried out prior to Thursday’s verdict suggested it could pose a significant political danger for Trump.

In an April poll, one in four Republicans said they would not vote for Trump if he was found guilty in a criminal trial.

In the same survey, 60% of independents said they would not vote for Trump if he was convicted of a crime.

What do the experts say about its potential impact?

Whit Ayres, a Republican pollster, said he doubted a quarter of Republicans would actually shun Trump – but he said even a small number being turned off by a guilty verdict could help Joe Biden in a close election.

He said the nature of the New York case, which was brought by a Democratic prosecutor and relies on untested legal strategies, would help Trump and fellow Republicans frame a guilty verdict as a political hit job.

“If I were trying to design a court case that would be easy for Republicans to dismiss as a partisan witch hunt, I would design exactly the case that’s being brought in New York,” he said.

Republican consultant Tricia McLaughlin said she thought a guilty verdict would have a psychological impact on Trump because he hates losing.

It would also likely mean financial resources are diverted to legal bills because he would almost certainly appeal, she added.

Analyst Bill Galston said he didn’t expect a guilty verdict would have a significant impact on the presidential race.

“In the end, this amounts to lying about sex. I think the view probably of the majority of Americans is that everybody lies about sex,” said Mr Galston, who has worked on Democratic presidential campaigns.

Have convicted criminals run for president before?

At least two candidates with criminal convictions have run for president in the past – although neither successfully.

Eugene Debs ran for president from prison in 1920, getting almost a million votes without ever hitting the campaign trail.

In 1992, Lyndon LaRouche also ran from behind bars while serving a 15-year sentence for mail fraud. He received about 26,000 votes.

US

Well-fitted suits, pearls and ‘the same’ red tie: What Donald Trump and Kamala Harris’s fashion tells us about them

Published

9 hours ago

September 21, 2024

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Well-fitted suits, pearls and 'the same' red tie: What Donald Trump and Kamala Harris's fashion tells us about them

The style choices of politicians have long been scrutinised by voters and the media.

Women have historically been subject to more inspection for their looks than men.

But all politicians are communicating through their style, according to two experts.

“We receive most of our information, many of us, through screens and through the visuals,” says Hazel Clark, professor of design and fashion at the Parsons School of Design in New York.

Democratic candidate Kamala Harris has been leaning into trouser suits.

“The well-fitted suit, the more masculine suit, is telling voters that she is not a politician’s wife, she is not the president’s wife, she is the president,” says Deirdre Clemente, professor of history at the University of Nevada in Las Vegas.

She wore a dark suit to make her acceptance speech at the Democratic National Convention.

The look “gives that sense of the legal profession, judges and authority. I think it was just saying ‘I’m here to be taken seriously, I can be your leader’,” says Ms Clark.

Many of the audience were wearing white, thought to be a reference to the suffragettes, who fought for women to have vote.

“I think there’s a lot of weight in the choice of white in the audience of the DNC that night and her choice of a black suit was a power move,” Ms Clemente said.

Donald Trump has had a consistent style for many years – he’s known for his dark blue suit and silky red tie.

“He seems to have been wearing the same red tie since the 1970s. It seems to have gotten longer,” said Ms Clemente.

“It is his way of projecting power, confidence and stability.”

And his vice presidential pick JD Vance seems to have adapted his style to match.

“It’s putting on a uniform to say we are all one, we are all following this person. I think sameness, perhaps, with the party as well,” said Ms Clark.

“With Trump it’s almost become like a costume now.”

Harris often wears a pearl necklace, a reference to her college sorority Alpha Kappa Alpha, which was founded by black women at Howard University.

“Her wearing of the necklace is absolutely a shout-out to all the women who have supported her and that sorority is central to that,” said Ms Clemente.

The vice president is also known for her love of Converse shoes.

The trainers, which are associated with American basketball culture, “are a powerful cultural tool because what she’s saying is these shoes are just like the ones you have in your closet”.

Mr Trump and his supporters often wear the instantly recognisable red Make America Great Again baseball cap.

“The MAGA hat has an incredible amount of power, especially here in battleground states,” said Ms Clemente. “You see MAGA hats all around.”

Baseball caps are “ubiquitous in being used to signify something, it’s like having a slogan on your t-shirt”, says Ms Clark.

One accessory all US politicians are rarely seen without is an American flag pin badge on their lapel, which can be used to show patriotism.

It may also project a message that “we are all fighting for the same team” despite political differences, said Ms Clemente.

US

Will a second Trump assassination attempt shift the polls?

Published

21 hours ago

September 20, 2024

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Will a second Trump assassination attempt shift the polls?

With seven weeks to go until the US goes to the polls, Sky’s dedicated team of correspondents goes on the road to gauge what citizens in key swing states make of the choice for president.

This week they focus on the second assassination attempt on Donald Trump.

Mark Stone travels to Florida where the foiled attack took place, while James Matthews has been finding out more about the suspected would-be assassin in his hometown of Greensboro, North Carolina.

Plus, Martha Kelner attended a Trump town hall in Flint, Michigan, to hear him speak for the first time after the attempt on his life, and asked voters if it will impact the way they vote in November.

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Producer: Rosie Gillott
Editor: Philly Beaumont

US

‘All it could do was spin in circles’: Previous Titan sub passenger says his mission was aborted

Published

24 hours ago

September 20, 2024

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'All it could do was spin in circles': Previous Titan sub passenger says his mission was aborted

A previous Titan submersible dive to the Titanic was aborted due to an apparent mechanical failure, one of the mission’s passengers has said.

Fred Hagen had paid a fee to go on a dive in the Titan in 2021, two years before it imploded and killed all five passengers onboard.

He told a US Coast Guard panel investigating the tragedy on Friday that his trip was aborted underwater when the Titan began malfunctioning and it was clear they weren’t going to reach the Titanic wreck site.

“We realised that all it could do was spin around in circles, making right turns,” Mr Hagen said. “At this juncture, we obviously weren’t going to be able to navigate to the Titanic.”

He said the Titan resurfaced and the mission was scrapped.

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