Donald Trump is the 1st convicted felon president. Here's what that means
For one thing, he'll need special status to come to Canada
U.S. President Donald Trump is the first convicted felon to hold the White House.
His election victory could very well end the four criminal cases brought against him, at least for the four years he occupies the Oval Office. Here's a look at the questions his unprecedented status as a felon raises.
So you can be president after being convicted of a crime?
There is nothing under federal law or in the U.S. Constitution that prevents a felon from leading the nation. To become president, candidates need only be at least 35 years old, a natural-born citizen and a resident of the United States for at least 14 years.
The law is harder on voters than presidential candidates: in some states, felons cannot vote for the leader of their country.
What crime did Trump commit?
Trump was convicted in New York this spring on 34 felony counts of falsifying business records in connection with a hush-money payment made to a porn star before the 2016 presidential election.
Can Trump pardon himself in that case?
No.
Presidential pardoning power only applies to federal offences, not to crimes violating state law.
What was his sentence?
Trump was handed a sentence called an unconditional discharge just a few days before he was sworn into office on Jan. 20. The decision formalized his status as a convicted felon, but otherwise spared the president any other punishment.
With sentencing over, Trump is now free to formally appeal the jury's verdict.
As a felon, can Trump come to Canada?
Canada is among dozens of countries in the world to refuse entry to felons.
After Trump was convicted in May, a federal official laid out to CBC News the Canadian government's understanding of how the rules would apply in the event Trump was elected.
The bottom line: It will likely fall upon Canada's immigration minister to grant Trump special status to make him legally admissible for entry into the country. The issue will be presumably be tested before G7 summit in Kananaskis, Alta., in June.
What are Trump's other indictments?
The hush money case was the only one of Trump's four criminal indictments to go to trial.
One indictment pertained to Trump's efforts to overturn his 2020 election loss, which resulted in hundreds of his supporters storming the Capitol on Jan. 6, 2021. In another, Trump was accused of hoarding classified documents at his estates in Florida and New Jersey and defying several attempts by the government to get him to return them after his first term as president ended.
Special counsel Jack Smith moved to abandon both cases after Trump won the election, acknowledging his return to the White House would preclude attempts to federally prosecute him. Smith later resigned.
Finally, prosecutors in Fulton County, Ga., last year used state racketeering laws — developed to fight organized crime — to charge Trump in an alleged conspiracy to reverse his defeat in the battleground state in the 2020 election.
Trump has denied any wrongdoing and the case is largely on hold.
If he was charged in an alleged conspiracy, aren't there other defendants?
Yes. Trump has 14 co-defendants in the case.
His unique role as president makes it unlikely he will face legal consequences during his presidency. His lawyer has already said in court he will seek to pause any activity related to Trump based on an argument that a president should not face the burden of a criminal prosecution while in office.
What about the 14th Amendment disqualifying candidates who are involved in insurrection?
The amendment does take those candidates out of contention, but Trump was not charged with insurrection after the attack at the U.S. Capitol.
ABOUT THE AUTHOR
With files from Reuters, John Mazerolle and CBC News Network