Despite the passing of seven years, the victory of Donald Trump over Hillary Clinton in 2016 is still fresh in the minds of many. The meltdowns and tears. The blood curdling screams and forlorn faces.
Michelle Obama has “opened up” about her “uncontrollable sobbing” on the day of Trump’s inauguration.
Now imagine it’s 2016 all over again. Only this time, Trump is in jail.
Is such an outcome possible? Could Trump seriously win the 2024 presidential election from jail?
Could Donald Trump Win from Jail?
Legally, yes.
According to “Politifact,” the fact-checking website that rates the accuracy of claims by elected officials and others on its Truth-O-Meter and an American nonprofit project operated by the Poynter Institute:
“Federal statute says it is a crime to willfully and intentionally remove official records and that such a crime would disqualify the defendant from “holding any office under the United States.” But some legal scholars say that statute can’t be used to bar Trump from a 2024 presidential bid. The Constitution’s list of criteria to run for president mentions only age, citizenship and residency — there is no mention of criminal charges or convictions.”
Most candidates would likely simply bow out of the presidential race if sent to jail once nominated as the Republican candidate.
But in case you haven’t noticed, Donald J. Trump is not what one would call “most candidates.”
Given this reality, the Left is looking for ironclad ways to ensure Trump doesn’t have another shot at 1600 Pennsylvania Avenue, and it may not be the justice system.
The Left’s Other Option
According to an opinion piece in Politico written in the beginning of 2022, well before Trump’s third indictment, “Congress has a powerful tool at its disposal to hold former officials such as Trump accountable. And it might be more effective than any potential criminal prosecution. It’s legislation.”
Members of the January 6th select committee floated around the idea of the invoking the 14th Amendment of the Constitution, specifically Section 3 which states:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Also in consideration was Section 5, “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
The opinion piece claims this provision “gives Congress express constitutional authority to pass legislation implementing a ban on insurrectionists holding office, rather than requiring Congress to fall back on other powers — such as its power over interstate commerce — that are more general and thus less focused on the task at hand.”
Considering the political basis of the indictments, this course of action seems more fitting and foolproof. Why didn’t Congress simply save the taxpayers millions of dollars when they had the chance?
Maybe because they knew the move would be seen for what it is and what Trump’s indictments continue to be: the weaponization of political tools to prevent Donald Trump from running.
Common Sense Voters
There is of course, plain old common sense, a rare commodity these days.
I would like to believe that if Jack Smith and the DOJ succeed in putting Donald Trump behind bars, despite the low probability of that, the Trump enthusiasts would turn their sentiments, if not devotion, toward a substitute candidate like Ron DeSantis or Vivek Ramaswamy. These two men seem to be the most viable alternative for Trump devotees.
However, like their fearless leader, Trump’s acolytes have proven to be anything but logical. Many believe he is due another four years to finish what he started. What exactly that is, I’m not sure.
Fueled by their passion, Trump could continue his push for the presidency from jail which would surely result in his loss. No independent or center voter will vote for a criminally indicted candidate.
Others seem to have come to realize that despite their adoration and the one-sided attacks by the Left to destroy him, Trump is simply too much of a loose cannon. Justified or not, the constant turmoil and attention that inevitably follow Trump distract from the real policy issues that need to be handled in the Oval Office.
And like it or not, without a supportive bureaucracy to carry out any new initiatives, like in his first term, a Donald Trump agenda would constantly be undermined.
Given the most recent polling numbers, there are more voters in the first than the second category. Donald Trump is gaining steam with every accusation hurled his way and, with a little luck from the gods of chaos, history may be made.
America may have a candidate running to be President of the United States from jail.
Jennifer Galardi is the politics and culture editor for 19FortyFive.com. She has a Master’s in Public Policy from Pepperdine University and produces and hosts the podcast Connection with conversations that address health, culture, politics and policy. In a previous life, she wrote for publications in the health, fitness, and nutrition space. In addition, her pieces have been published in the Epoch Times and Pepperdine Policy Review. You can follow her on Instagram and Twitter.
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