# What happens if Donald Trump actually wins the 2024 Republican nomination under indictment?

**URL:** <https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063>\
**Category:** Politics & Elections\
**Created:** [June 5, 2023, 10:32pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063 "2023-06-05T22:32:00Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Michael\_Varn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michael_varn/32/14411_2.png) [@Michael\_Varn](https://boards.straightdope.com/u/Michael_Varn)\
**Post date:** [June 5, 2023, 10:32pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/1 "2023-06-05T22:32:01Z")

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Further, what happens if Donald Trump wins the presidency as a convicted felon?

Iam sure thatTrump’s legal team’s number one priority is to delay all three of these potential trials for as long as possible. (New York, Georgia, and D.C.)

So far, The Manhattan trial was set to begin in January of 2024, but Trump’s legal team has already moved the trial to March of 2024. Iam sure that before March of 2024. there will be even more delays.

Here is another delay tactic to watch out for:

When the timing is right, Trump could strategically fire his legal team, which means the new legal team will need even more time to prepare for the trial.

I guess the goal here is to delay all the trials until after election day in November.

If this happens, they may have to drop all three of the cases, because it will look silly to the rest of the world for a US president to govern from jail.

I would hate to be the secret service agent tasked to protect a president in jail.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [June 6, 2023, 2:10am UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/2 "2023-06-06T02:10:39Z")

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> [@Michael\_Varn](#):
>
> I would hate to be the secret service agent tasked to protect a president in jail.

Me too. Very boring unnecessary job; we taxpayers already fund prison guards tasked with running a safe lockup, and, in the kind of prison an old man like Trump might stay in, they do a good job.

As for the thread question, he goes on to have his usual rallies, and to win or lose by a small margin.

To avoid election interference, I doubt trial sessions would be held in September or October. If I’m wrong, Trump would not attend the trial.

We already know from the post-New York indictment polling that bring indicted does not hurt Trump politically either with his party or with November voters. As to whether actual jailing would hurt him politically, no one knows. Playing the victim is his forte. But being a jailbird used to be looked down on. So I am at a loss to even guess at the effect.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [June 6, 2023, 2:18am UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/3 "2023-06-06T02:18:07Z")

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This has been addressed in previous threads. He can run for President from a jail cell – Eugene Debs did so in 1920.

As to what would happen if he were elected while being tried or already convicted and serving time – who knows? There’s no requirement in the Constitution or federal law that a President must be released from state custody. He can be sworn in anywhere, whether that’s the steps of the Capitol or a Georgia prison cell. He would have no authority to order his own release from state prison. Trump would certainly bring suit to be released, likely arguing that his confinement interferes with the execution of his duties as President. I think it’s likely he would be successful with this argument.

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**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:** [June 6, 2023, 3:51am UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/4 "2023-06-06T03:51:15Z")

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> [@Michael\_Varn](#):
>
> Further, what happens if Donald Trump wins the presidency as a convicted felon?

The end of democracy as we know it.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [June 6, 2023, 12:41pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/5 "2023-06-06T12:41:47Z")

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[Doonesbury - Trumps SS in prison](https://www.gocomics.com/doonesbury/2023/02/12?comments=visible#comments)

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**Author:** ![slicedalone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slicedalone/32/12515_2.png) [@slicedalone](https://boards.straightdope.com/u/slicedalone)\
**Post date:** [June 6, 2023, 12:48pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/6 "2023-06-06T12:48:59Z")

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I think prison is out of the question, even to someone with as much hostility to Trump as I’ve felt for over 40 years of tasteless witless clueless behavior. My guess is he will be found guilty of some felony within a year, and sentenced to some sort of home confinement. What happens if he then gets elected POTUS is anybody’s guess–totally uncharted territory. His supporters will demand that he be freed and exonerated immediately, his detractors will demand that he serve under house arrest.

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**Author:** ![Michael\_Varn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michael_varn/32/14411_2.png) [@Michael\_Varn](https://boards.straightdope.com/u/Michael_Varn)\
**Post date:** [June 6, 2023, 12:59pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/7 "2023-06-06T12:59:02Z")

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I know that the Supreme court of the United States has made clear recently that no president, sitting or former, is immune from prosecution.

But, to assume that SCOTUS has no jurisdiction to hear federal lawsuits filed on Trump’s behalf in regards to potential federal and state indictments could be short sighted.

In the Manhattan case, it has already been confirmed that the D.A.'s office used five thousand dollars in federal funds to investigate trump.

This opened the door for the house judiciary and oversight committee to legally seek subpoenas for testimony concerning the D.A.'s investigation into Trump.

So if the U.S. congress is involved, it’s not a stretch that this federal involvement could also extend to the federal judiciary, i.e. SCOTUS.

A federal lawsuit alleging that any pursuit of criminal charges, federal or state, agianst Donald Trump in 2023 or 2024 to be election interference, would probably be a case that the conservative justices in SCOTUS would love to hear.

The question is wether SCOTUS would have any jurisdiction with the two state cases in New York and Georgia.

Well, in the 2000 presidential election, democrats believed that SCOTUS had no jurisdiction to involve themselves in how the state Florida selected their representatives in the electoral college because it was a state issue.

So, even though democrats may insist that SCOTUS has no right to intervene on Trumps behalf with the two cases in New York and Georgia, it still involves a presidential election, and there is clear president for SCOTUS to justify their involvement in this case.

So, the court could rule that any pursuit of criminal charges, federal or state, is unlawfull due to election interference, which means all three cases will have to be dropped until Trump either loses the election, or after he completes his second term in 2029.

So will the court rule in Trump’s favor?

Yes, most probably. Three of the justices owe him a favor, because he put them on the court.

Clarence Thomas most likely will vote in Trump favor also, as well as Alito. Even if Justice Robert’s votes no, Trump wins be a vote of 5 to 4.

So, who has standing to file this lawsuit?

It’s not just Donald Trump himself, but anyone who is legally eligible to vote, and who plans to vote for Trump, i.e. Me.

Heck, I might just walk over to the federal district court house in town and file the lawsuit myself!

Can anyone help me walk through the steps of how to file a federal lawsuit?

Does it cost money?

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [June 6, 2023, 1:09pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/8 "2023-06-06T13:09:49Z")

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> [@Michael\_Varn](#):
>
> I know that the Supreme court of the United States has made clear recently that no president, sitting or former, is immune from prosecution.

That’s not the case. The Supreme Court has found that the President IS immune to civil lawsuits for his official acts (_Nixon v. Fitzgerald_) but that he is NOT immune from civil litigation regarding acts that were not part of his official duties (_Clinton v. Jones_). In _Trump v. Vance,_ the court ruled that that a sitting president is not immune or subject to a heightened standard to being issued a subpoena in a criminal case. But there’s been no jurisprudence directly regarding presidential immunity from prosecution.

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**Author:** ![Michael\_Varn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michael_varn/32/14411_2.png) [@Michael\_Varn](https://boards.straightdope.com/u/Michael_Varn)\
**Post date:** [June 6, 2023, 1:18pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/9 "2023-06-06T13:18:17Z")

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I was citing a Washington Post article from July 10th, 2020. I believe SCOTUS made a joint statement clarifying that Presidents are not immune from criminal liability.

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**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\
**Post date:** [June 6, 2023, 11:14pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/10 "2023-06-06T23:14:48Z")

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> [@PhillyGuy](#):
>
> we taxpayers already fund prison guards tasked with running a safe lockup, and, in the kind of prison an old man like Trump might stay in, they do a good job.

[Mr. Epstein raises his hand].

The question in the title is not if he wins the election, but if he wins the nomination. But then the first question in the OP is if he wins the election. Which is it? They both may have different responses.

My money, if he gets the nomination, is more obstruction and delays until after election season and election day. He has been able to avoid that whole tax records thing all these years, what’s another few indictments. “Teflon Don”, he is. Depending on the outcome of the election, he will continue to do what he’s doing right now to keep delaying things, if he loses. If he wins he will pardon himself and declare he is Emperor for Life. Conviction of a crime is one thing, punishment is quite another - he can rack up all kinds of convictions, but let’s wait and see if he ever spends a night behind bars.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [June 6, 2023, 11:37pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/11 "2023-06-06T23:37:12Z")

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> [@snowthx](#):
>
> If he wins he will pardon himself and declare he is Emperor for Life. Conviction of a crime is one thing, punishment is quite another - he can rack up all kinds of convictions, but let’s wait and see if he ever spends a night behind bars.

He’ll probably arrest all those responsible for the “witch hunt” and have them executed in the town square.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [June 6, 2023, 11:45pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/12 "2023-06-06T23:45:07Z")

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> [@Procrustus](#):
>
> He’ll probably arrest all those responsible for the “witch hunt” and have them executed in the town square.

You joke, but if Trump wins, arrest of a lot of folks, and complete turmoil in the FBI and Justice Dept. will be a given.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [June 7, 2023, 3:35am UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/13 "2023-06-07T03:35:06Z")

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> [@Michael\_Varn](#):
>
> I was citing a Washington Post article from July 10th, 2020. I believe SCOTUS made a joint statement clarifying that Presidents are not immune from criminal liability.

I believe you’re referring to the below, which was an opinion piece by two Constitutional lawyers regarding _Trump v. Vance_. The authors believe that the case indirectly supports the proposition that there is no Constitutional bar on a sitting President being indicted, but even they note that the ruling studiously avoids addressing that question.

> **[Perspective | The Supreme Court just revoked Trump’s get-out-of-jail-free card](https://www.washingtonpost.com/outlook/2020/07/10/supreme-court-vance-immunity/)**
>
> A president is not immune from criminal investigation, the court ruled. And therefore he’s not immune from indictment.

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**Author:** ![Michael\_Varn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michael_varn/32/14411_2.png) [@Michael\_Varn](https://boards.straightdope.com/u/Michael_Varn)\
**Post date:** [June 12, 2023, 5:10pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/14 "2023-06-12T17:10:50Z")

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I have a question about Trump’s arraignment in Florida tommorow:

Since the judge that is presiding over this case is a Trump appointed judge; however unlikely, does rhis judge have the authority to throw out the entire case just like that?

You know the one about the documents and espianage?

All 37 counts that could land Trump in prison for 100 years?

If so, this judge would provide us with a whole new definition of how to nip something in the butt.

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**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:** [June 12, 2023, 5:15pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/15 "2023-06-12T17:15:29Z")

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> [@Trump's indictment--does it matter?](https://boards.straightdope.com/t/trumps-indictment-does-it-matter/985251):
>
> I know, this time it’s supposed to be different. This isn’t one woman’s word against Trump’s. This isn’t a boring question about real estate valuations where blame is pinned on an underling This is “The. Big. One”. Top Secret Documents. Locked rooms. Interesting stuff, which the public can understand (unlike boring complex issues like taxes) But …so what? I’m so tired of hearing, yet again, that “this time it’s real, and Trump will have to quit”. I’m afraid that this trial will be more …

That thread has recently been discussing every possible twist and turn that Judge Cannon might use.

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**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\
**Post date:** [June 12, 2023, 5:57pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/16 "2023-06-12T17:57:59Z")

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> **[Bolton, Trump's ex-national security adviser, calls for him to withdraw from...](https://www.npr.org/2023/06/12/1181653609/trump-indictment-john-bolton)**
>
> John Bolton says the indictment is a "potentially catastrophic turn of events" for Trump. He spoke to Morning Edition about the seriousness of the charges and the importance of accountability.

I like this part:

_“He will try and delay this trial past the election, hoping that he’ll win and can then pardon himself,” he says. “But a really innocent man would insist on trial at the earliest possible date.”_

…and…

_One real issue here is how quickly this goes to trial. Donald Trump says he’s completely innocent. Well, if he’s completely innocent he should want this stain on his reputation removed as soon as possible. An innocent person would say “I want a trial in a couple months.” Let’s see what Donald Trump does._

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**Author:** ![Michael\_Varn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michael_varn/32/14411_2.png) [@Michael\_Varn](https://boards.straightdope.com/u/Michael_Varn)\
**Post date:** [June 12, 2023, 6:26pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/17 "2023-06-12T18:26:23Z")

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I have a proposition for a compromise I would like to submit for your approval to Liberal democrats and others who do not support Donald Trump on [StraitDope.com](http://StraitDope.com).

If Donald Trump withdraws his candidacy for President in 2024 soon, or before the Republican primaries begin, would you guys and gals be O.K. with all of the indictments, Federal and state, being dropped?

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**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:** [June 12, 2023, 6:30pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/18 "2023-06-12T18:30:26Z")

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> [@Michael\_Varn](#):
>
> [StraitDope.com](http://StraitDope.com).

We’re [boards.straightdope.com](http://boards.straightdope.com). [StraitDope.com](http://StraitDope.com) does not appear to exist.

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**Author:** ![Michael\_Varn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michael_varn/32/14411_2.png) [@Michael\_Varn](https://boards.straightdope.com/u/Michael_Varn)\
**Post date:** [June 12, 2023, 6:37pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/19 "2023-06-12T18:37:41Z")

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So what do you think? Yes or no to the compromise proposal?

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**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [June 12, 2023, 6:37pm UTC](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063/20 "2023-06-12T18:37:54Z")

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> [@Michael\_Varn](#):
>
> If Donald Trump withdraws his candidacy for President in 2024 soon, or before the Republican primaries begin, would you guys and gals be O.K. with all of the indictments, Federal and state, being dropped?

No, of course not. What does one have to do with the other?

[Next page](https://boards.straightdope.com/t/what-happens-if-donald-trump-actually-wins-the-2024-republican-nomination-under-indictment/985063.md?page=2)
