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Could Donald Trump Be Disqualified from Becoming President Again?

Donald Trump speaking with supporters at a campaign rally at Veterans Memorial Coliseum at the Arizona State Fairgrounds in Phoenix, Arizona.
Donald Trump speaking with supporters at a campaign rally at Veterans Memorial Coliseum at the Arizona State Fairgrounds in Phoenix, Arizona.

Former President Donald Trump just held the first rally of his 2024 presidential campaign. The beleaguered Trump will now push for his third consecutive GOP presidential nomination. But unlike the first two runs, Trump’s third run is mired in legal controversy. Multiple lawsuits and investigations are culminating, and they threaten to complicate Trump’s latest bid.

Donald Trump: The Legal Cases

The Department of Justice is considering whether to bring charges against Trump on two fronts. First, for Trump’s alleged mishandling of classified documents the FBI recovered from his Mar-a-Lago residence. Second, Trump’s alleged involvement in the January 6 riot.

Trump is also at risk of being charged in Atlanta over alleged attempts to interfere in Georgia’s 2020 election results. Meanwhile, a special grand jury in New York is considering Trump’s role in alleged hush money payments made to Stormy Daniels during the 2016 campaign.

Lastly, New York Attorney General Letitia James is suing Trump and his children for allegedly overvaluing Trump Organization assets for the purpose of securing more favorable loans and interest rates. 

Will Trump Be Disqualified from the Presidency?

Trump is unlikely to be disqualified from the presidency. The Constitution’s Article II, which outlines the qualifications required to be president, is silent on criminal convictions. Yet Trump’s opponents remain hopeful that he will be disqualified from attaining the presidency.

They cling to two main strategies for barring Trump. First, there is a federal law that prohibits the removal or destruction of government records.

Anyone convicted cannot serve in federal office. So if Trump is first charged and then convicted for taking documents from the White House, opponents hold that he would be barred from serving in federal office again. 

Yeah, that’s not going to happen.

Second, Donald Trump opponents are leaning on the Constitution’s 14th Amendment, which holds that no one can hold a seat in Congress, or “any office, civil or military,” if they “engaged in insurrection or rebellion.” Again, not going to happen – despite the Democrat’s January 6 commission making recommendations to the DOJ that Trump be charged with insurrection (among other things).

No, Trump is unlikely to be barred from holding the presidency.

Will the Cases Hurt Trump Politically?

Trump’s cult-like following doesn’t care about the prospective or pending legal cases. In fact, prosecution only lends credence to the narrative that Trump is an unjustly persecuted figure, a victim of the Deep State.

For Trump’s die-hards, the legal cases only serve to validate Trump’s appeal as an outsider and a martyr. 

A New York Times/Siena College poll taken last September found that 44% of voters viewed Trump favorably. The number is consistent with years past, well before Trump’s current legal reality was so fraught. 

Meanwhile, about half of the U.S. population – the half of the population who despises Trump – made up their mind about Trump nearly a decade ago. The recent legal controversy isn’t a factor in terms of how the left views Donald Trump. A Marist Poll taken in August found that 47% of Americans believed Trump did something “illegal or unethical and should be charged.”

But I’m going to guess those 47% have been saying precisely that since the moment Trump took office. 

The ongoing legal dramas won’t change much in terms of how the left and right see Trump. Whether the legal cases suggest to a GOP challenger that Trump is vulnerable remains to be seen. 

More: Should Joe Biden Quit? 

More: How to Save Joe Biden? 

More: Nikki Haley for President? Nope.

Harrison Kass is the Senior Editor at 19FortyFive. An attorney, pilot, guitarist, and minor pro hockey player, Harrison joined the US Air Force as a Pilot Trainee but was medically discharged. Harrison holds a BA from Lake Forest College, a JD from the University of Oregon, and an MA from New York University. Harrison lives in Oregon and listens to Dokken.

Written By

Harrison Kass is a Senior Defense Editor at 19FortyFive. An attorney, pilot, guitarist, and minor pro hockey player, he joined the US Air Force as a Pilot Trainee but was medically discharged. Harrison has degrees from Lake Forest College, the University of Oregon School of Law, and New York University’s Graduate School of Arts & Sciences. He lives in Oregon and regularly listens to Dokken.



  1. Anna Epelbaum

    February 2, 2023 at 12:45 pm

    Had been Donald trump disqualified from running for presidency again, it would be the best choice for republicans, as then they (republicans would be able to nominate the essentially better than trump candadate, who would be easily able to defeat Biden.

    It is very questinable issue that trump could defeat Biden now though the presidency of biden has been pretty bad, but so had been the presidency of trump, and trump has now a lot of criminal accusationspending against his and some he is already found guilty in.

    But it would be evem essentially worse for republicans, if trump organizes the third party. Then democrats would have even higher chance to win WH.Unless, of course, if trump is assassinate soon, and republican would allow other contenders to run over primary, which now seems to be forbidden.
    In any occasion republicans in this election would do MUCH BETTER WITHOUT TRUMP, THAN WITH HIM!

  2. Jeanette Love

    February 4, 2023 at 4:11 pm

    Do not know how long the pending charges/indictments again him began, but it has lasted what seems like years. With all of the thorough investigated and the mountains of evidence to prove the allegations, it seems at least one of charges will stick (also it seems like he has made self-incriminating statements, along with repeated lies, with it seems he is “tightening the noose”.

  3. Lucia

    February 5, 2023 at 12:39 am

    Kass- your “perspective” is just that YOUR opinion. Trump is a loser and will never win again. I have to have faith that the majority of people in this country do not want that man anywhere near the Oval Office ever again. In addition to being a criminal he is CLEARLY mentally ill. If people aren’t intelligent enough to figure that out then God help us all. It’s not even funny anymore. His family should have done an intervention years ago, because he definitely is in need of psychiatric help. For a former President of the United States to praise and express his love for murderous people like Kim Jong-Un, Putin, Xi-Jinping tells me all I need to know that this man is not someone who deserves to be President of the “United” States. These Maga Cult following, White Supremacy Trumpsters better wake up!

  4. bruce defilippo

    February 5, 2023 at 10:21 am

    The largest point that everyone seems to miss
    is that trump and his organization have cheated on their taxes for decades and this sends a message to all American’s that it’s okay to
    cheat. If everyone cheats on their taxes how can a government function without a predictable revenue stream,please think about this long and hard.Another point is all the lying by both parties is destroying our country since when is lying not a sin.


    February 5, 2023 at 9:30 pm

    open season trump jail coming his way with roomates

  6. Marsha

    February 6, 2023 at 3:10 pm

    All Mr. Kass’ “Yeah, not gonna happen” does is destroy faith in our system of laws. He seems to be advocating Trump’s “anything goes” attitude. We need punishments for all the laws he has broken. New York does have one case already, another finally left the grand jury after six months and has gone to the judge, to make indictment for Trump’s NY trial. Georgia has pretty much done the same on Trump’s ‘perfect call’ to Raffensperger – their grand jury testimony has gone to a judge. The DOJ is waiting on these cases, at the same time the Special Counsel is investigating what Trump did on Jan. 6. A lot of people deny the evidence of their own eyes. Fox News did show the Jan. 6 insurrection for one reason — three of their hosts, Bill O’Reilly, Laura Ingraham and Brian Kilmeade were on scene at the time. Trump ignored their calls. Then there’s the Mar-a-Lago document mess — and Biden is cooperating with the law and the National Archives. That’s a far cry from Trump’s “Those belong to me!” “I declassified them with my mind” and his 18 month-long battle with the Archives over the documents, plus the many times attorneys signed affidavits saying there were no more documents at Mar-a-Lago. We know differently.

  7. doa

    February 8, 2023 at 2:56 pm


  8. richard

    February 8, 2023 at 3:16 pm

    he well overdone time jail with roommates or two

  9. Road Map

    February 8, 2023 at 3:52 pm

    According to the constitution there is NOTHING (short of death or resignation), that can stop DJT from obtaining the presidency. Due to the almost 50/50 split in the Senate they won’t stop him with the 2/3s requirement for removal by impeachment.

    However; Dig this. If DJT runs and is reelected in 2024 he is VOLUNTARILY returning to the position of COMMANDER IN CHIEF of the U.S. military. By doing such, he can be prosecuted by the military under the UMCJ for “dereliction of duty”,(Jan. 6th and covid), as well as, “conduct unbecoming” (covering the documents, and the emoluments). Just like any other officer in a command position.

    He is effectively rejoining the military, as it’s head, by swearing the oath.

    Convicting him in a military court is the ONLY way to keep him out of the oval office, though he could also lose re-election. Remember you first heard it here from me folks.

  10. Greg

    February 8, 2023 at 6:10 pm

    Well, once again, the deep state demorats are crying about Donald Trump. Say what you will, but the truth of the matter is, gas was about half the price it is right now, eggs are said to be up like 13%, when in fact they’re up over 300%, and every other commodity is up. This is clearly the work of Joe Biden, and the liberals. How about the money that Biden took from China? And then, he allowed a spy balloon to invade US airspace. He allows illegal migrants to invade our country, illegally. This man needs to be investigated for treason. Anyone who puts his personal interests above the interests of the United States is committing insurrection. What about the classified documents dating back to the Obama administration, These were in the possession of Biden, who has them illegally. Trump had every right to declassify them, as a sitting president, Joe Biden, as a VP, as well as Mike Pence, did not. And then, lets look at all the lies. A liar and a thief are one and the same. Anyone who will lie to you will steal from you, also. I haven’t heard Joe Biden tell the truth since he took office. I don’t know about you but the rest of the world respected the United States when DJT was president, now they just laugh at us. The lefts policies and ideas are idiotic, and destructive. You go Donald Trump, there are still a few of us in this country who appreciate what you are trying to do, Make America Great Again.

  11. Greg

    February 8, 2023 at 6:19 pm

    That’s right Harrison Kass, be sure to remove all comments that any conservative makes, the left up to its old tricks

  12. leslie

    February 9, 2023 at 3:19 pm

    What part was your favorite-the slavery or overall oppression. Tell U.S. What was so great for you.

  13. michael w kilmer

    February 9, 2023 at 5:39 pm

    if this country elects that jackass i do not hold out much hope for this country

  14. HolyCrap

    February 9, 2023 at 5:41 pm

    Greg, Your right Biden is no Good he resign. For Trump to go to JAIL!

  15. James Crossett

    February 10, 2023 at 6:16 pm

    I Doubt Trump will go to jail, or even be indicted. I suppose hefty fines at the most. But, he will not win the Presidency no matter who he runs against. Trump is severely damaged, morally, politically and legally. I’d take three more Biden Presidencies and a Harris thrown in for kicks, before any Trump steps foot in the Oval office. One Trump term was PLENTY.Too much power for a guy that leans heavily towards the criminal side.

  16. JoJopb Berns

    February 10, 2023 at 7:29 pm

    IMO DT stands 0 chance of being president in our Unites States again inp part due 2 Jan 6th that was incited by the then sitting prez. something we have never seen before, he tried to put in Fake Electors during the last election in which he lost as well so we now we the ppl have the decent Prez Joe Biden, he is far from perfect but in comparison to DT he seems to be the better man to sit in our White House no chaos or mayhem feels pretty good to me.

  17. richard

    February 10, 2023 at 8:07 pm

    keep real man in white house call biden send mickey mouse trump to jail with bars and roomates

  18. Lyndon Leining

    February 12, 2023 at 12:25 pm

    Being a criminal and staying out of jail costs a lot of money, this has been Trump’s method for years. As his big donors begin to refuse to sponsor, this technique, because he has proven he is only loyal to himself, his power to stay above the law will fade, with his inability to continue to find lawyers willing to sacrifice their careers on a broke powerless loser. No money, no longer above the law. The future will be for justice to finally prevail. This will return some belief in our system of justice for all to the American voter.

  19. gorsaun

    February 12, 2023 at 7:10 pm

    Its a sad commentary on this country that Trump and Biden can be elected. But in reality Trump put at least a temporary stop to the illiberal progressives which have been licking their chops about getting the USA under their power for almost a century. People are waking up to the necessity of reeducating themselves relative to the true principles of the American founding. That is if we can get beyond the deflecting tirade about founders who owned slaves which were brought to America by slave traders who purchased them from blacks in Africa who captured their own countrymen to make a buck selling them to the highest bidder.

  20. Herrbutzir

    February 28, 2023 at 11:40 pm

    This was said by English philosopher, author and political commentator John Stuart Mill in 1886, it is more apropos today in the era of Trumpism than it was at the end on the 19th century.

    “Although it is not true that all conservatives are stupid people, it is true that most stupid people are conservative”.

  21. Jimy Kraus

    March 2, 2023 at 8:53 am

    You have far too many leftist ideologs that read your compositions for my personal taste. That is no fault of yours, as I tend to agree with your assessment. After years and years of debating with leftists, I have lost what little tolerance I had for stupidity and would just as soon wack them on the head with a ball peen hammer, pin a bus pass on their collar, and lead them to the sidewalk, than bother conversing with one.

  22. Vanda Lo Iacono Croasdale

    May 3, 2023 at 7:46 pm

    How stupid you think the average American is? Trump, as a USA President , had all the rights to take classified documents. Joe Biden, as Senator and Vice President had no rights to take classified documents. Hush money payments made to Stormy Daniels during the 2016 campaign is not a crime…has been done forever by many people. The democrat interfered with the 2000 election. Have you forgotten when in Philadelphia the republican were kicked out of the polls; the Dominion machines in Germany knew the USA election results before the final count in USA…and what about the Leonard supercomputer in Italy interfering with our elections and so many other ways the democrats cheated. We have not forgot and your pathetic trying to lie offends our intelligence.

  23. paul brian ahern

    May 5, 2023 at 7:15 pm

    President Trump did a great job as President. All his DEEDS were great.

    If Donald Trump elects not to run again my and the best candidate is MIKE POMPEO.

  24. Harry Albino

    May 8, 2023 at 3:50 am

    I’m basing my comment on the political map. In order for Trump to win, he has to win in Arizona, Pennsylvania, Wisconsin, Michigan, Minnesota, Pennsylvania and Georgia. In the 2022 midterm, Trump had MAGA like candidates run in: Arizona, Pennsylvania, Michigan, Pennsylvania and Georgia and everyone one of them lost. In Arizona, it was for a governor and Secretary of State, Michigan, governor. In Pennsylvania, Senator and Governor and in Georgia, Senator. The point the media misses is that people voted for Biden not because they love him, but a lot of people for Biden because they hate Trump. Trump is popular in his bubble but once he steps out of his bubble, it’s a different story. Trump be indicted 3 more times. New York is just the beginning.

  25. Mary L. Montanye

    May 8, 2023 at 6:50 am

    With any luck, Trump will be found guilty of insurrection, as he should be. He is a narcissist, unfit to lead and mentally unstable. Enough people know that now. He won’t be elected to anything in 2024.

  26. Joe gold

    May 8, 2023 at 4:53 pm

    U trumpers make sure you answer his call to his latest witchhunt and fight for’ll be identified and spend a cpl of long years I. Pŕison getting raped while he plays golf..a lot of that going on..u be the next wave u will be a girlfriend to a guy named Bubba while ÿoù lose your job..truck is repoed and your wife has 5 new boyfriends while ŕump is playing ĝolf

  27. Mary Jo Johnston

    May 8, 2023 at 5:18 pm


  28. John Swanson

    May 9, 2023 at 12:13 pm

    Look, we the people deserve leaders better than Donald and Ron Desantis. As an Independant voter, I will not vote Republican until they choose better nominees who are not hell bent on destroying our country and our constitution. Trump should be barred from ever holding office again due to the facts of the Russia investigation which DID show he interfered with the investigation multiple times and had so many convicted members of his administration show they had ties to Russia during the 2016 election. He did abuse his power by withholding funds from Ukraine for dirt on his opponents and he did Encourage and direct the January 6th insurrection. Not to mention tax evasion, stealing of government documents and election fraud and interference in Georgia with fake electors in many key states, Donald has proven to be a true criminal. It’s just a matter of time before the courts prove it. And so you understand, I mean a court of his peers, not the democrats. That is just another lie Trump wants you to believe, and you’re and idiot if you believe him.

  29. RPO

    May 10, 2023 at 8:44 pm

    Liberals are the personification of ignorance. There is no ‘democratic’ party. They are merely democrats of the democrat party. Truth be told, there is nothing democratic about them. Democrats are not smart, they are conniving. Period! What they fail to recognize, accept or give credit for, is the fact that in the four years of President Trump there was relative peace and prosperity. He did not involve us in any new conflicts and our economy was booming. (Yeah, yeah, Hussain Obama set it up, sure, cling to that nonsense democrats). Yes, he spoke well of despots, however that was a smart tactic. However, when at the negotiating table, he let them know…don’t tread on the USA. And they respected him. Maybe it was because they had no idea what he would do. Regardless they didn’t pass gas, for fear of receiving a cruise missile in return. Fact was they didn’t make a move during his four years. That is how you deal with despots, primarily because they prey on the weak, ignorant and feeble. Bribin comes to mind. And one final point I find interesting and humorous at the same time…dems, how do you choose to have a jackass as your mascot(?).

  30. Tom Quinn

    May 12, 2023 at 4:29 pm

    Is this article supposed to be some sort of analysis? Because statements like “Yeah, well, that’s not gonna happen” are utterly worthless. I would expect more from a lawyer whop presumably knows something about how to present evidence and argue in support of a conclusion.

  31. Jack

    May 12, 2023 at 6:55 pm

    Why do you say, “Yeah, that’s not going to happen” about Trump being found guilty of removing documents from the White House when Trump is guilty of removing classified documents from the White House?

  32. Richard Lawlor Jr.

    May 12, 2023 at 7:27 pm

    Your Second paragragh eludes to TRUMP holding office again ! I strongly urge you to re-read the 14th amendment ; but better yet understand it !!! An individual who incites a crowd to do seditious behavior such a
    what occured on Jan. 6th with the storming of the capitol in order to prevent the orderly transfer of power,should be charged with TREASON !!! also look up the definition of TREASON , but bet yet UNDERSTAND IT !!! and you call your self a LAWYER ???

  33. Deb

    May 13, 2023 at 1:42 am

    Of course Dump is constitutionally barred from running again. There is literally a picture of him comforting a convicted insurrectionist. Doesn’t get much plainer than that.

    He should have been taken to a black site and hooked up to a car battery 6 years ago.

  34. Dan

    May 13, 2023 at 12:45 pm

    I don’t understand why the author twice wrote, “Anyone convicted cannot serve in federal office… yeah, that’s not going to happen,” with zero explanation. Why is that “again, not going to happen?”
    Did they write it because they believe Trump won’t be charged, won’t be convicted, or that Trump doesn’t fall under the Anyone category?

    I understand that this is an opinion piece, but if the laws exist precluding it, WHY would it not happen?

  35. William J. Carney

    May 13, 2023 at 2:20 pm

    While a criminal conviction may not be a bar to election as president, under Article II section 4, conviction of “Treason, Bribery, or other high Crimesand Misdemeanors” are grounds for impeachment once in office.

  36. Robert Parke

    May 14, 2023 at 12:06 pm

    If Trump were to run against Jesus Christ, his followers are so brain damaged he would win.

  37. Bill

    May 16, 2023 at 1:27 pm

    If a felon can’t vote how can such a person run for president?

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