No, THEY Cannot Stop President Trump from Running for President Again August 11 2022
QUESTION: Can THEY disqualify President Trump from running again by convicting him of carrying or destroying official documents?
SHORT ANSWER: No, a conviction for having or destroying government records WILL NOT disqualify President Trump from running for office and serving as president again because the Constitution takes precedence ABOVE Statute 18. THEY also cannot change the Constitution's wording for presidential requirements, and there are only 3 factors, (age 35 or older, US citizen, in US 14 years).
On Aug. 9, FBI agents performed what some are calling an illegal raid at President Donald Trump’s Mar-a-Lago estate. The MSM/fake news (mark of the beast, false prophets) are stating that it's an inquiry into whether President Trump took official records and other documents from the White House after his term ended.
Marc E. Elias, a lawyer, posted a tweet that includes Section 2071 of Title 18 of the U.S. code. It confirms that the penalty for concealing or destroying White House documents is a disqualification from holding public office in the future.
“The media is missing the really, really big reason why the raid today is a potential blockbuster in American politics.”
THE QUESTION
Would Trump be able to run for president again or would he be disqualified if he was convicted of concealing White House records?
THE SOURCES
- 18 U.S.C. § 2071
- The U.S. Constitution
- Presidential Records Act of 1978
- Congressional Research Service
- Barbara McQuade, a University of Michigan law professor
- Rick Hasen, a UCLA School of Law professor and author of the Election Law Blog
- Seth Barrett Tillman, a Maynooth University law professor
- Lawfare Blog, a legal site published by the Lawfare Institute and the Brookings Institution
THE ANSWER
No. Carrying or destroying records DOES NOT disqualify President Trump from serving as president again if there's a conviction. The reason is the Constitution sets eligibility requirements for presidential candidates. Hence, statutes cannot change the rules as outlined in the Constitution.
SUPPORTING EVIDENCE
A person IS NOT disqualified from serving in the future as president of the United States unless they didn’t meet the initial qualifications as laid out in the US Constitution.
Surprisingly, the Constitution has three qualifications. These include that the person should be age 35 or older, a natural born US citizen, and they must have lived in the US for a minimum of 14 years. There is NO WORDING in the US Constitution that says crimes involving official government records can disqualify the person from running for president.
Federal law, 18 U.S.C. § 2071 prohibits a person from destroying government documents. In the statute, the wording includes that anyone who “willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys or attempts to do so … shall be fined under this title or imprisoned not more than three years, or both … and shall forfeit his office and be disqualified from holding any office under the United States.”
The concern a lot of people have is how the wording states that the person in question “shall forfeit his office and be disqualified from holding any office under the United States.”
Rick Kasen, UCLA Law says...
However, Rick Kasen, a professor with UCLA law states that it doesn't apply to President Trump. He has a blog, Election Law Blog and wrote that the eligibility requirements for someone running for president are outlined and granted based on the U.S. Constitution. Hence, it supersedes the federal code.
“That statute [18 U.S.C. § 2071] cannot trump the Constitution, which sets the exclusive qualifications for President. So, this is not a path to making Trump legally ineligible to run for office. (That’s a different matter than the political point— it is probably going to be hard for a convicted felon, if Trump is convicted of any felony, to be successful running for office.).”
Barbara McQuade, Michigan Law states...
In an interview with VERIFY, Barbara McQuade, a Michigan Law professor said the statute will not withstand constitutional challenges when applied to offices as they are defined by the Constitution, i.e., president, vice president, senator, representative, and so forth.
“It could apply to other offices, such as the Attorney General of the United States. If Donald Trump were to be convicted and then run for president, someone would have to challenge his eligibility. I believe that that challenge would fail under this statute.”
Hillary Clinton's emails...
Statute 18 U.S.C. § 2071 was brought up in the past when Hillary Clinton ran for president in 2015. There was a lot of scrutiny as to whether Hillary Clinton, who was running for president, violated the law and was disqualified. Clinton used a private email server when she was Secretary of State under President Barack Obama from 2009-2013.
Seth Barrett Tillman, Maynooth University law professor said...
Seth Barrett Tillman, wrote in a journal article, that regarding Clinton, the statue does not apply to those running for the office of president. Additionally, the Supreme Court ruled that Congress is not allowed to alter presidential eligibility requirements, i.e., Congress cannot change the Constitution to disqualify those holding office in impeachment proceedings.
We also know that Hillary Clinton was NEVER charged for crimes related to the emails on her server.
A Final Word About Presidential Rules
The Presidential Records Act of 1978 (PRA) outlines what presidents and vice presidents can do with White House records and official documents created or received after January 20, 1981.
The PRA dates back to 1978 after then President Richard Nixon tried to destroy official records after he resigned in 1974. The Records Act actually changed ownership of the documents and records, thereby making them not private but public documents and the official and legal property of the US and American people. And yet, the Act does not explicitly go into detail about penalties for any violations.
To sum it up in legal terms, no sitting or former president has ever been charged or convicted for taking records or documents from the White House. Even if THEY successfully convict President Trump, he can still run for president.
Article Credit: Kelly Jones/MSN
