Can a Presidential Candidate Have a Felony?
In the United States, the presidency is considered one of the highest and most respected positions in the world. Candidates vying for this office must meet specific eligibility criteria, outlined in Article II, Section 1 of the United States Constitution. While the Constitution is silent on the matter of felony convictions, this question has been debated among political scholars, legal experts, and the general public.
History of Felonies and Presidential Eligibility
Historically, there have been instances where presidential candidates had felony convictions or were under investigation for such crimes. For example:
- In 1840, former President Andrew Johnson was acquitted of impeachment for violating the Tenure of Office Act, a law he was accused of violating by reinstating Secretary of War Edwin Stanton.
- In 1896, former President Grover Cleveland, who served as the 22nd President, had a nephew convicted of burglary while he was president.
- In 2012, Gerry Brown and Nevada’s Senator Majority Leader, Harry Reid both mentioned that Mitt Romney, a presidential candidate, had never been a leader, had not led when it comes to criminal justice reforms.
In 1998, Bill Clinton was impeached for perjury and obstruction of justice in a Senate trial. Clinton was acquitted of both charges, and as a result, kept his office. There have been several instances of presidential candidates facing allegations or investigations involving felony crimes. However, these incidents raise questions about the legal implications of running for office while having a felony conviction or being under investigation.
Legal Aspects: Presidential Eligibility and Felony Convictions
Article II, Section 1 of the Constitution sets the basic eligibility requirements for presidential candidates:
"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of the President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."
The Fourteenth Amendment’s Section 3 further addresses the matter of eligibility by stating that:
"No Person shall be a Senator or Representative in Congress, or elector of President or Vice-President, or hold any office, civil or military, under the United States, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
In conclusion, Article II, Section 1 sets the basic eligibility criteria for presidential candidates, while the Fourteenth Amendment’s Section 3 focuses on specific disqualifications. No provision explicitly states that presidential candidates with felony convictions cannot run for office.
Felonies and Campaigning
There have been instances where presidential candidates had felony convictions or were under investigation for such crimes during their campaign:
- Jimmy Carter’s (1976) brother Billy Carter had an allegation of corruption and a misdemeanor conviction, which received significant media attention.
- Ricardo Mondoloni, a Green Party presidential candidate in 2000, was charged with driving while intoxicated and failure to dim headlights, while his presidential campaign received publicity.
- George Papadopoulos, a member of President Trump’s transition team and Donald Trump Jr.’s partner, had a **plea deal in his federal charges of making false statements, and obstructing justice. These situations raise ethical and moral questions about running for office with a criminal record or being investigated for crimes.
Recent Instances
In 2019, A$AP Rocky, an American rapper and rapper for his charges of assault with a semi-automatic gun, and theft, after allegations of self-defense in Sweden, received presidential intervention. Many political pundits questioned the morality of asking the State Department to help free A$AP Rocky when there was a legal process taking place in the country, while his political views aligned with Trump. This episode raised the public’s concerns about whether someone with felony charges should be freed by presidential powers or have access to foreign aid, with no public knowledge about any political dealings between Trump’s team.
Recent Sentencing Decisions
Some recent federal sentencing decisions include:
- In 2021, former Speaker of the House Paul Ryan (R-Wis.) criticized the White House over executive clemency, and Trump had pardoned 5 members of Congress, one had been accused of obstruction of justice.
- President Barack Obama had given 265 commutations during his two terms in office for mostly low-level non-violent offenders (as mentioned below).
It is clear that there are instances of presidents using executive powers for the benefit of individuals or people who might not necessarily follow the Constitution or moral ethics. When presidential candidates with felony charges run for office, their moral authority might be in question. Their political team, their morals, or the campaign slogan ‘Moral Values’ could be under suspicion of having some connections to questionable criminal conduct, and also how far to go on a crime being considered morally corrupt or having strong moral dilemmas and personal feelings should not affect judgment and be made solely on individual cases or laws.
Conclusion
To answer the question directly, Can a presidential candidate have a felony? The Constitution does not explicitly prohibit individuals with felony convictions from running for the office of President. However, the ethical and moral implications of a candidate having a felony conviction or being under investigation during their campaign may raise significant concerns about the candidate’s fitness for the office. While some cases may raise moral and political questions about presidential pardons, other cases have called into question the president’s ability to free someone or give someone foreign aid under questionable moral and legal terms.
There is an essential distinction to be made between serious and minor felony charges, as the weight of one is quite different from another, to further strengthen trust among citizens. As we should have open dialogues between politicians and people about laws and legal principles while the candidate might be on trial. While some situations have received the attention they deserve, some cases go underreported due to political, geographical, social, and individual reasons, making them unclear or questionable. The main issue arises from political implications, individual character, morality, public perception, personal relationships between candidates and foreign leaders or foreign interests and how each person, country, institution, and event might view them differently or not trust the candidates completely.
