How Trump’s Legal Jeopardy Will Test American Democracy

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How Trump’s Legal Jeopardy Will Test American Democracy
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OPINION: 'Should these delays tactics succeed, and were Trump to regain the White House, he could then pardon himself and his allies for any federal crimes they may have committed,' writes David Cay Johnston.

, Trump faces the prospect of running his presidential campaign—whether as the Republican Party nominee or an independent—from the defense table in a federal courtroom in Washington, D.C.—gaming out this situation isn’t difficult.

Should these delays tactics succeed, and were Trump to regain the White House, he could then pardon himself and his allies for any federal crimes they may have committed. The answer to one further question is clear. Were Trump to be convicted of any felony charge and regain the White House, could he serve as president?Nothing in our Constitution would prohibit a felon, even one serving time, from holding the office of president. However, Trump could be removed were he impeached by the House and then convicted by 67 senators. Whether those votes could be mustered is unknowable today..

Few will face more pressure than special prosecutor Jack Smith. Appointed by Attorney General Merrick Garland last year, Smith has two federal grand juries investigating Trump. One is looking into national security secrets he stole and then had his lawyers deny he possessed; the other is investigating Trump's role in inciting the failed Jan. 6 coup.

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