Former President Donald Trump's "BIG" announcement coincides with the increasing likelihood that he will be charged, perhaps convicted, and possibly even incarcerated for one or more federal or state offenses. This leads one to wondering whether he could still run for president again under any of those conditions.
The answer is decidedly "yes."
The most significant risk he faces in the many venues in which he is undergoing scrutiny may be for potential federal charges arising out of his maintaining and secreting confidential and classified documents, including those relating to national security. That conduct could violate at least three federal laws, including the Espionage Act.
But criminal charges, convictions, even imprisonment would not bar him from becoming president, even if he is behind bars.
The Constitution sets three qualifications for president: 35 years of age, natural-born citizen and 14 years of residence here. Trump satisfies those, and these conditions are exclusive. Courts have held that imposing additional requirements outside of those prescribed in the Constitution is impermissible.
Late in 2019, California passed a law requiring that candidates appearing on the presidential primary ballot had to have disclosed their tax returns. Then-President Trump had not, which would have eliminated him from being on the ballot. But the California Supreme Court ruled that the prohibition was unconstitutional. Trump won the 2020 primary, before being trounced by Joe Biden in the general election there.
The same rationale applied in a U.S. Supreme Court case 20 years earlier, in which the justices threw out a state law establishing term limits for members of the House. It reasoned that the constitutional requirements for House members — 25 years of age, seven years' citizenship and an inhabitant of the state in which they are running — are exclusive.
Thus, being charged with a crime, even a serious one, convicted or imprisoned, cannot constitutionally disqualify Trump, or anyone else, from running for president and serving in that office, although it might become a little bit awkward trying to run the country from a jail cell. (Yet another impeachment might follow.)