# If these two things happen (45 re-election AND conviction) **URL:** \ **Category:** Politics & Elections\ **Created:** [September 30, 2022, 12:40am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481 "2022-09-30T00:40:34Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [September 30, 2022, 12:40am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/1 "2022-09-30T00:40:34Z")
So, in this hypothetical, I’m interested in knowing the outcome of two contemporaneous events (one REALLY good and one unthinkable).\* Let’s say the Creator of the Universe smiles upon our nation, and TFG is convicted in a State Court of a crime that puts him in state prison for, say ten years. While in prison, he runs for President, and WINS. Does the state in which he’s imprisoned HAVE to let him out, or can they require that he serve his entire prison sentence? \*ETA: For clarity, the really good one is his conviction and imprisonment. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [September 30, 2022, 12:55am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/2 "2022-09-30T00:55:32Z")
> [@kaylasdad99](#): > > Does the state in which he’s imprisoned HAVE to let him out, or can they require that he serve his entire prison sentence? He can’t pardon himself for state crimes, so I see nothing that would require him to be freed. I think it would be pretty easy to invoke the 25th Amendment though. Being stuck in prison and unable to go anywhere, and being unavailable outside of very limited hours, would mean “the President is unable to discharge the powers and duties of his office”. At that point, whoever ran as VP would take office. It would be **extremely** unlikely that he’d be able to run. I can’t see any party supporting a candidate that couldn’t actually perform the duties. What would be more likely is for them to seek his official endorsement of someone (through some kind of slimy deal) and hope to get MAGA votes that way. But yes, assuming they went through with it, my assumption is that it would be a “wink wink” election, where whoever was picked as his running mate is the person truly running. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [September 30, 2022, 1:37am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/3 "2022-09-30T01:37:07Z")
> **[Here's how Donald Trump could theoretically run for president in 2024 from...](https://www.businessinsider.com/can-trump-run-for-president-from-prison-jail-2024-2021-5)** > > Former President Donald Trump is running for the White House again in 2024. Legal experts say he can run — and maybe even run the country — if he's in prison. The article is totally correct about running and winning elections while incarcerated. Many politicians have done so, probably most famously [James Curley](http://downfalldictionary.blogspot.com/2018/12/james-curley-twice-convicted-mayor-of.html). The article also correctly stops short of predicting what would happen if the future felon won. Everything then becomes a hypothetical. Get wild and crazy. ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [September 30, 2022, 2:45am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/4 "2022-09-30T02:45:02Z")
If they had the votes, Democrats could pass a law, and I’m sure Biden would sign it, that disallowed felons from holding federal office. Trump gets convicted of a felony and it’s now a moot point. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [September 30, 2022, 3:36am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/5 "2022-09-30T03:36:35Z")
I’m pretty sure that would take a constitutional amendment. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [September 30, 2022, 3:51am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/6 "2022-09-30T03:51:24Z")
I’m reminded of some insane triads/gangs/mafias that let their head honcho continue to run the crime business from prison. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [September 30, 2022, 4:15am UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/7 "2022-09-30T04:15:51Z")
[Bobby Sands](https://en.wikipedia.org/wiki/Bobby_Sands), an imprisoned member of the IRA, was elected to the British parliament in 1981. He died due to his hunger strike a month later. Subsequently the government passed a law to prevent anyone serving time being nominated. ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [October 9, 2022, 10:59pm UTC](https://boards.straightdope.com/t/if-these-two-things-happen-45-re-election-and-conviction/972481/8 "2022-10-09T22:59:31Z")
Withdrawn