We may be faced with a question of what happens if a POTUS is elected while incarcerated. Or in criminal process while elected and convicted and subject to sentencing while POTUS.
This turns out to be an open question subject to a lot of consideration and dispute.
This article seems to concern only federal criminal charges. Presumably charges by smaller jurisdictions would be subject to the same or lessor constraints.
Let’s say I accumulate a lot of parking tickets before I run for President. Or I am adjudicated on a small matter, which is the jurisdiction is a misdemeanor or a civil offense. Like a speeding ticket.
But I don’t pay. And I skip court. I am subject to a contempt order. Or an arrest warrant.
What happens if the legitimate authorities in New York try to exercise an arrest warrant on POTUS. The Secret Service tried to block them. Mayhem ensues.
There actually was a brief physical conflict between the Secret Service and law enforcement in the US once. I don’t recall the details.
Oh, and it’s far from clear POTUS can pardon themselves.
Anyway, lots of hypothetical questions. But a real practical question may arise if Trump is subject to criminal or civil proceedings at the time of his election. Or criminal proceedings have led to a conviction and a sentence is ordered before he takes office, or during.
Pennsylvania (?) elected someone dead - literally. So anything is possible
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