After months of campaigning across the United States, the 2024 presidential election has come to a close. Running an almost-deadlock contest in the polls throughout their campaigns, former president Donald Trump won the presidency with 292 electoral votes. Though many questions are being raised regarding a second presidential Trump term, one of the most prevalent is: Can Trump still go to jail as the president-elect?
After a six-week court trial, on May 30, Trump became the first U.S. president to become a convicted felon when he was found guilty of 34 counts of falsifying business records. The conviction was the result of Trump covering up a $130,000 hush money payment to Stormy Daniels. After the case, many wondered whether Trump would be able to continue running for president. But alas, there are no constitutional amendments that bar a convicted felon from running for presidency. (In fact, Trump isn’t the first candidate in U.S. history to run for presidency as a convicted felon — Eugene V. Debs, a member of the Socialist Party, ran from behind bars in 1920 and garnered around a million votes during that election.)
However, no one in American history has become president as a convicted felon. So, what does that mean for Trump? Can Trump still go to jail? Can he be president behind bars? These are all questions that haven’t needed answers before now.
Trump’s sentencing is currently set for Nov. 26 — New York State Supreme Court Judge Juan Merchan agreed to postpone the sentencing that was originally set for Sept. 18. Trump has already requested the court dismiss his conviction — Merchan is set to make a decision on that on Nov. 12, according to CNN.
Based solely on his convictions, Donald Trump could face jail time. According to New York law, he could face upwards of four years in prison for his crimes. If he were anyone else, or if he had not been re-elected, it may be more likely that he’d be put behind bars. But, historically speaking, Donald Trump doesn’t respond well to defeat. So, in this instance, it’s not quite so black and white. There are many ways for him to ultimately avoid actually doing time.
If Merchan decides he will not drop Trump’s conviction, Trump could be pardoned by the governor of New York, because falsification of business records is a state crime. In that scenario, he would not do time.
Despite the fact that there are other civil and criminal accusations against Donald Trump — including sexual assault allegations — he is technically a first-time offender of a felony crime. Because he is a first-time offender, it’ may be unlikely that a judge would actually sentence him to jail time.
Now that Trump has been elected, he could also actually try to pardon himself. However, he would only be able to pardon himself from federal convictions — not ones in the state of New York. Another way he could avoid jail time during his presidency is if he manages to put it on hold until the end of his term. According to legal scholars at Boston University, fulfilling his presidential duties comes first — above a criminal sentencing — so he may avoid going to jail until after his presidency. It is, therefore, unlikely that Trump will find himself behind bars during his presidency.
While more than 600,000 felons rejoin society each year and lack opportunity to gain housing, health care, and a job, Donald Trump’s money, power, and privilege will likely exempt him from all of these outcomes.