Could Trump be elected president behind bars? Local expert weighs in
SACRAMENTO -- Former President Donald Trump is already back on the campaign trail after pleading not guilty Tuesday to 37 federal counts related to sensitive documents recovered at his Mar-a-Lago residence in Florida after he left the White House.
Local experts are weighing in on the former president's hearing. As next year's presidential race nears, questions loom over Trump's eligibility to join the race.
"There's nothing in the Constitution that prohibits the prosecution of the former president," said John Myers, a law professor at UC Law San Francisco.
Trump will be held to the same standard as any other citizen when it comes to this indictment, according to Myers. However, like anyone else, he is presumed innocent until proven guilty which allows the former president to continue the race for presidency.
"All it is is a charge, so he is presumed to be innocent at this point and can go about his business," Myers said.
Myers said it could take up to a year before we see a trial, which would come after the 2024 presidential election.
But could Trump be a president behind bars if he's both re-elected and convicted?
"As soon as he was elected and sworn into office, my guess would be that he would pardon himself, which has never been done before," Myers said. "But he has the pardon power under the Constitution."
Judge Aileen Cannon, appointed by Trump in 2020, will oversee the former president's documents case.
While many believe it to be a conflict of interest, Myers said he believes in the justice system and that judges have an unwavering responsibility under the law.
"I assume that she will put whatever personal beliefs she has aside as she is supposed to and fulfill the responsibilities that she has," Myers said.
Despite the high-profile nature of the case, Myers said it shouldn't be challenging to find an impartial jury as long as the jury pool is large enough.
"Jurors, just like judges, take an oath of impartiality, and our jurors, once they're selected, take that responsibility very seriously as well," he said.
