Donald Trump indictment won’t keep him from presidential race, but will make his reelection bid much harder, expert says.
Moreover, presidents need access to classified information and briefings. But imprisonment would also obviously compromise a president’s ability to access such information, which must often bethat has been protected against all manner of spying, including blocking radio waves – not something that’s likely available in a prison.
As a result of the president’s varied duties and obligations, the memos concluded that “[t]he physical confinement of the chief executive following a valid conviction would indisputably preclude the executive branch from performing its constitutionally assigned functions.”Yet what to do if citizens actually elect an indicted or incarcerated president?
This is not out of the question. At least one incarcerated presidential candidate, Eugene Debs, garnered almost a million votesOne potential response is the 25th Amendment, which enables the president’s Cabinet to declare the president “unable to discharge the powers and duties of his office.” The two Department of Justice memos note, however, that the framers of the 25th Amendment never considered or mentioned incarceration as a basis for the inability to discharge the powers and duties of the office. They write that replacing the president under the 25th Amendment would “give insufficient weight to the people’s considered choice as to whom they wish to serve as their chief executive.
Perhaps the same reflection is apt here: If the people choose a president hobbled by criminal sanctions, that is a form of self-determination too. And one for which the Constitution has no ready solution.
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