If so, then why?

  • SanguinePar@lemmy.world
    link
    fedilink
    arrow-up
    174
    arrow-down
    2
    ·
    4 months ago

    He can, because there’s no law against it. Probably nobody thought there’d ever need to be!

      • Pronell@lemmy.world
        link
        fedilink
        arrow-up
        146
        ·
        4 months ago

        Actually the thought is if the government can just imprison you to stop your candidacy, they have too much power.

        Thus they can continue to run.

        • dependencyinjection@discuss.tchncs.deOP
          link
          fedilink
          arrow-up
          30
          arrow-down
          22
          ·
          edit-2
          4 months ago

          I would say just don’t break any laws then, but laws can change and people are terrible.

          Edit: Pretty sure you’re all downvoting a misunderstanding.

          I’m saying I get why it’s a thing because people would convict their opponents. Not that I was actually saying well don’t break any laws.

      • essell@lemmy.world
        link
        fedilink
        arrow-up
        48
        arrow-down
        3
        ·
        4 months ago

        Remember, there is a mechanism that prevents criminals from winning elections and holding offices, it’s the one that’s the best one in a democracy. The voters.

        It’s not good to give governments the power to decide who does and doesn’t deserve to hold authority, it is good to let voters decide if someone’s crimes are relevant to the election.

        Sadly, it seems many Americans do not agree with me that trump is not suitable for office. Hopefully enough do that they decide not to vote for him

        • SkyNTP@lemmy.ml
          link
          fedilink
          arrow-up
          14
          ·
          4 months ago

          We’ve got these things called “social media” that are built expressly for the purpose of influencing people to buy more stuff (literally in the name: influencers). And if it can get people to part with their money, you can be sure the same tools can be used to get people to vote against their own interests.

          We thought the internet was a tool to spread democracy. We were wrong. The Internet is a tool used to undermine democracy, so long as people using the Internet are not strongly inoculated against organized interests, foreign, and domestic.

      • HobbitFoot @thelemmy.club
        link
        fedilink
        English
        arrow-up
        28
        arrow-down
        1
        ·
        4 months ago

        The concern of the founding fathers was that one state would have political reasons to rush a trial and get a legitimate candidate convicted of a crime in their court. If the conviction was legitimate, it was supposed to be handled by the Electors of the Electoral College.

        • Nougat@fedia.io
          link
          fedilink
          arrow-up
          25
          ·
          edit-2
          4 months ago

          If the conviction is legitimate, the Electoral College has ways to shut that down.

      • Boozilla@lemmy.world
        link
        fedilink
        English
        arrow-up
        19
        arrow-down
        1
        ·
        4 months ago

        Our lack of laws around the POTUS are a glaring. It’s insane that a judge can preside over a case where the defendant is a former president who appointed them. Like Judge Cannon and 3 members of the SCOTUS.

      • Alimentar@lemm.ee
        link
        fedilink
        arrow-up
        9
        ·
        edit-2
        4 months ago

        Don’t forget, it’s not like he has a right to the presidency. The president is voted in. So technically speaking the people decide if the felonies make a difference or not

      • pdxfed@lemmy.world
        link
        fedilink
        arrow-up
        7
        arrow-down
        2
        ·
        4 months ago

        Also, you can’t vote in many regressive, discriminatory states but they’d like up in their Klan hoods to vote this felon into office as there is no restriction on becoming president. Rules for thee

    • YtA4QCam2A9j7EfTgHrH@infosec.pub
      link
      fedilink
      arrow-up
      46
      arrow-down
      1
      ·
      4 months ago

      My man Eugen Debbs ran from prison in the early 1900s. He was thrown in prison for speaking out again the war (the first amendment wasn’t much protection back in the day).

      It is good that he could run, since he was a political prisoner. He advocated for the common man against the corrupt institutions.

    • jj4211@lemmy.world
      link
      fedilink
      arrow-up
      14
      ·
      4 months ago

      Keep in mind that the founding fathers were guilty of what would have been considered a lot of grave crimes by England, which was formerly the jurisdiction that applied to them.

      So they probably wouldn’t have had a huge appetite for blocking political rights of criminals given their recent standing.

    • not_fond_of_reddit@lemm.ee
      link
      fedilink
      arrow-up
      16
      ·
      4 months ago

      But the kicker is that he isn’t allowed to vote right? New York restore voting rights after you have completed your sentence if I remember correctly.

    • Sean@lemmy.world
      link
      fedilink
      arrow-up
      8
      arrow-down
      1
      ·
      4 months ago

      If a convicted felon loses their right to vote, they should not be allowed to run for president.

    • SickofReddit@lemmy.world
      link
      fedilink
      arrow-up
      5
      arrow-down
      1
      ·
      4 months ago

      And if he wins again, he’s going to Pardon everybody who buys one from him. Including himself. Because there’s no law against it, and nobody thought that there ever needed to be for that either.

  • OlPatchy2Eyes@lemmy.world
    link
    fedilink
    arrow-up
    80
    ·
    4 months ago

    Yes, and it’s important that felons be able to run for president. Were that not the case, a corrupt enough system could just disqualify anyone that would seek to oust it.

    • madcaesar@lemmy.world
      link
      fedilink
      arrow-up
      23
      arrow-down
      1
      ·
      4 months ago

      This is true.

      But, it must also be pointed out that that’s another case of good faith actors getting fucked by assholes. In theory this sounds good, like free speech and tolerance for all. But when you are dealing with criminals and sociopaths those virtues get used against you.

      • OlPatchy2Eyes@lemmy.world
        link
        fedilink
        arrow-up
        8
        ·
        4 months ago

        Absolutely, and it’s infuriating. The only thing that can stand between criminals and sociopaths is the vote, and a too much of the vote is controlled by morons.

      • Sethayy@sh.itjust.works
        link
        fedilink
        arrow-up
        2
        arrow-down
        6
        ·
        4 months ago

        Yeah but honestly without implementing ‘one true philosophy’ I can’t see any ground to stand on where they shouldn’t be allowed to.

        What if god comes down tomorrow and says ‘the fuck you guys are keeping babies instead of killing them?!?’

        To us we really got no frame of reference of an absolute ‘good faith’ or bad, so enforcing it just seems like encouraging abuse of the system.

        • Buddahriffic@lemmy.world
          link
          fedilink
          arrow-up
          6
          ·
          4 months ago

          Good and bad faith doesn’t refer to anything about religion.

          Acting in good faith means you’re not using deception or hypocrisy and your words and arguments reflect your true beliefs and the intent behind your actions. You use words to express what they mean.

          Acting in bad faith means you present a false front to deceive others into thinking you are someone you are not. Your words and arguments do not align with what you believe or why you act. You use words to get what you want or confuse those who might otherwise oppose you.

          Not that that distinction makes it any easier to recognize good or bad faith in general. Or to convince those who put their faith in bad people that they should re-examine their position. It just doesn’t necessarily refer to any kind of religious experience.

  • symthetics@lemmy.world
    link
    fedilink
    arrow-up
    97
    arrow-down
    1
    ·
    4 months ago

    You’d think the bad publicity alone would be enough to destroy any chance of election. You’d think.

    • Jackthelad@lemmy.world
      link
      fedilink
      English
      arrow-up
      16
      arrow-down
      1
      ·
      4 months ago

      Not when he has been creating a narrative since 2020 that he was the real winner of that election and all these court cases are just designed to try and stop him from being President.

      His supporters have bought the premium subscription to this narrative, so nothing is going to change their minds. In fact, the more court cases there are, the more support he gets.

      Even though going after him for his alleged crimes is the right thing to do, I actually wish they’d just let him fade into obscurity instead. Because all it has ended up doing is helping his campaign.

      • Fubber Nuckin'@lemmy.world
        link
        fedilink
        arrow-up
        6
        ·
        4 months ago

        Well then you’re just letting him win. He’s still going to do his thing and get supporters. Convicting him gives some amount of validity that he’s doing something wrong. Unfortunately he got his hands on a lot of gullible people before someone better could, so we can’t change their minds no matter what we do. Hopefully making his crimes so public will make those not fully converted less likely to buy into his cult.

        • harrys_balzac@lemmy.dbzer0.com
          link
          fedilink
          arrow-up
          1
          arrow-down
          1
          ·
          4 months ago

          Our best hope is that “undecideds” realize that it’s not a good idea to vote for him. Gotta get the lead paint chip eating fence sitters to wake tf up.

    • jj4211@lemmy.world
      link
      fedilink
      arrow-up
      2
      ·
      4 months ago

      Bad publicity is relative.

      The “bad publicity” when he is an odious asshole? His base loves that, they think they all should be able to say that stuff out loud.

      Legal problems? Well they firmly believe it’s just a conspiracy to witch hunt and every case serves only to fuel their persecution complex

      Anything else? Lies by the liberal media, they see the truth on Fox News. When Fox News even reports on it, then they shun them and off to newsmax or just their favorite Facebook posts.

  • AwkwardLookMonkeyPuppet@lemmy.world
    link
    fedilink
    English
    arrow-up
    72
    arrow-down
    1
    ·
    edit-2
    4 months ago

    Yup! Because that’s the law. The original idea was to keep people in power from being able to outmaneuver their opponents by having them arrested. That was back when politicians and corporations had some level of public accountability though.

      • meeeeetch@lemmy.world
        link
        fedilink
        arrow-up
        10
        ·
        4 months ago

        Debs ran from prison (for the high crime of telling people that WWI was none of our business and people shouldn’t enlist to get turned toa pink mist in Belgium) in 1920

        As for voting as a felon, that varies state to state. I don’t think there’s anyplace that allows people to vote from prison, but quite a few states let convicted felons vote once they’ve completed their sentence and any parole that follows it (and in some states, pay additional fines, which sounds a bit like a poll tax to me, but I’m not one of our nine kritarchs, so what do I know about that sort of thing?)

        As for people running for office when they couldn’t vote, Elizabeth Cady Stanton ran for office well before she could have voted, and the first woman elected to Congress (Jeanette Rankin) was elected in 1916, several years before women’s suffrage was added to the constitution, though her state, Montana, had allowed women to vote already.

      • Rhynoplaz@lemmy.world
        link
        fedilink
        arrow-up
        8
        ·
        4 months ago

        Sadly, Florida, where Trump lives, defers to the State of conviction, and in NY, as long as you aren’t currently in prison, you can vote.

  • dhork@lemmy.world
    link
    fedilink
    English
    arrow-up
    52
    ·
    4 months ago

    The Constitution spells out who is eligible to run for President, and does not say criminals are ineligible. It’s as simple as that.

      • hperrin@lemmy.world
        link
        fedilink
        arrow-up
        20
        ·
        4 months ago

        The Constitution doesn’t do that, that’s up to the states. Also, you don’t have to be eligible to vote to be the president. The US Constitution outlines the only eligibility requirements for the president.

  • AvaddonLFC ☄️ 🤘@feddit.nl
    link
    fedilink
    arrow-up
    27
    ·
    4 months ago

    yes, felons can campaign for president and be elected. technically it’s even legal for the president to be locked behind bars while serving.

    • Sean@lemmy.world
      link
      fedilink
      arrow-up
      7
      ·
      4 months ago

      The sad part is that despite being a convicted felon he will most likely never see the inside of a jail cell.

    • sygnius@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      arrow-down
      1
      ·
      4 months ago

      I wonder if the secret service would need to be locked in the cell with him.

  • FuglyDuck@lemmy.world
    link
    fedilink
    English
    arrow-up
    26
    ·
    4 months ago

    Yes. And he’s not the first to run a campaign from prison (though he likely won’t go to prison for the 34 felonies. Prison is extremely rare for those kinds of charges. even if he wasn’t trump.)

    some more info

  • originalfrozenbanana@lemm.ee
    link
    fedilink
    arrow-up
    18
    ·
    4 months ago

    Yes. The constitution is actually shockingly specific about what the qualifications are. Article II, Section 1, Clause 5:

    No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

    No other qualifications can be considered, barring a Constitutional Amendment.

      • originalfrozenbanana@lemm.ee
        link
        fedilink
        arrow-up
        1
        ·
        4 months ago

        So far that hasn’t really been tested in court, and when it has (Trump v. Anderson) it’s not been upheld in that way.

        Look I’m not saying I like it. I’m saying it’s not really that straightforward.

    • takeheart@lemmy.world
      link
      fedilink
      arrow-up
      2
      ·
      4 months ago

      The 35 year old requirement seems bizarrely high to me, I can’t see why a smart and capable 32 year old should be prevented from running for the office. A minimum age makes sense, but it’s weird that it’s far removed from when most states start to legally treat kids as adults (anywhere from 16 to 21).

    • higgsboson@dubvee.org
      link
      fedilink
      English
      arrow-up
      5
      ·
      edit-2
      4 months ago

      Not necessarily. New York law is that felons are only kept from voting while incarcerated. And since FL law refers to the other States for their residents, Trump will be able to vote for himself, unless he is behind bars. I doubt he sees time in a cell, but I’d love to be wrong.

      • SnausagesinaBlanket@lemmy.world
        link
        fedilink
        arrow-up
        2
        ·
        edit-2
        4 months ago

        In New York they still need a Certificate of Relief from Civil Disabilities signed by the convicting judge to be able to vote. Source: Me

  • BobaFuttbucker@reddthat.com
    link
    fedilink
    arrow-up
    9
    arrow-down
    3
    ·
    4 months ago

    Question: How the shit does the US legal system claim that “High crimes and Misdemeanors” disqualifies someone from being President, but 34 FELONIES is ok?

    Answer: because the people in charge don’t care.

    I’m glad he’s been convicted but any idiot can see that this should disqualify him.

    • mctoasterson@reddthat.com
      link
      fedilink
      arrow-up
      4
      ·
      4 months ago

      It’s because the mechanism for adjudicating the high crimes and misdemeanors resides in the legislative branch. They have to adopt articles of impeachment and then convict and remove the President.

      If any state crime felonies could automatically disqualify a candidate it would create perverse incentives that should not reside within the power of one state, because of the abuse potential. For example, Texas could drag Biden into court on felony jaywalking charges.

    • Hawk@lemmy.dbzer0.com
      link
      fedilink
      English
      arrow-up
      4
      ·
      4 months ago

      I just don’t get how someone convicted for ELECTION FRAUD can still be a presidential candidate

  • stinerman [Ohio]@midwest.social
    link
    fedilink
    arrow-up
    2
    arrow-down
    1
    ·
    4 months ago

    Yes. The “why” is that in 1787 it was unthinkable that a felon would be elected President by the Electoral College. The electors wouldn’t bother voting for a felon.

    • Cryophilia@lemmy.world
      link
      fedilink
      arrow-up
      1
      ·
      4 months ago

      It wasn’t inconceivable to the founding fathers, they specifically excluded it from the Constitution. Felons should be allowed to run for office. It’s a good thing.