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Key questions after Donald Trump guilty verdict

Donald Trump has been found guilty - so what happens now? Here are the key questions answered.

Trump Found Guilty: Key Trial Moments That Led to Hush-Money Conviction

Former US President Donald Trump has been found guilty of illegally covering up a hush money payment to a porn star.

The verdict in the sensational trial is far from the end of this saga though, with Trump’s bid to re-enter the White House just months away.

So what impact will the verdict have on his election chances?

CAN TRUMP STILL RUN FOR PRESIDENT?

Yes. This verdict doesn’t prevent him from being President again.

There is nothing in the US Constitution stopping a convicted criminal from running for the presidency.

The only requirements for the Oval Office are to born in the US, be aged 35 or over, and have lived in the US for at least 14 years.

Former US President and Republican presidential candidate Donald Trump is now a convicted criminal. Picture: AFP
Former US President and Republican presidential candidate Donald Trump is now a convicted criminal. Picture: AFP

WHAT HAPPENS NEXT?

The former president will be sentenced on July 11, just four days before the start of the Republican convention where he will be confirmed as their election candidate.

Trump is expected to appeal the explosive verdict.

He will also likely sit for an interview with a probation officer for a pre-sentence report. The interview will cover Trump’s personal history and criminal record, and the responses will be used in a pre-sentence report for Judge Juan Merchan, including sentencing recommendations for him to consider.

Trump verdict: What the jury’s guilty finding means
People react in the street after former US President and Republican presidential candidate Donald Trump was convicted in his criminal trial outside of Manhattan Criminal Court in New York City. Picture: AFP
People react in the street after former US President and Republican presidential candidate Donald Trump was convicted in his criminal trial outside of Manhattan Criminal Court in New York City. Picture: AFP

WILL TRUMP STILL HAVE THE RIGHT TO VOTE IN THE ELECTION?

Trump lives in Florida, which denies felons the vote if the state where they were convicted would do so. In Trump’s case, that’s New York.

New York removes the right to vote while those convicted of a felony are behind bars, but they get it back on release. Even convicted, Trump may not be sentenced to prison, and will likely get bail while appealing.

So as long as he is not in a cell on polling day, US experts believe he will not be disenfranchised.

WILL SUPPORTERS ABANDON HIM?

It’s unclear.

An April ABC News/Ipsos poll suggested 16 per cent of Trump supporters would reconsider and 4 per cent would withdraw support if he was convicted of a felony.

However in general polling ahead of the election, the former president has maintained a lead over President Joe Biden even as his various and highly-publicised legal issues play out.

Trump’s ability to paint himself as a victim has only increased the zeal of some supporters.

Mr Trump told media outside court he was an innocent man and the trial “was rigged”. Picture: AFP
Mr Trump told media outside court he was an innocent man and the trial “was rigged”. Picture: AFP

CAN A RE-ELECTED TRUMP RUN THE COUNTRY FROM PRISON?

In theory, yes, but to quote one expert: “It’s just guessing.”

Constitutional law expert Erwin Chemerinsky told the New York Times: “We’re so far removed from anything that’s ever happened.”

The 25th Amendment allows for authority to be transferred to the vice-president if the president is “unable to discharge the powers and duties of his office”.

But would Trump loyalists in the White House ever condone that?

Law professor Anthony Michael Kreis said New York “would have to spring Trump free” to run the country - but would expect him back in his cell at the end of his term.

Others note that the chances of Trump being incarcerated are low, even if the Secret Service has, as reported, been making preparations in case he is.

Protets oustide the courthouse have been common throughout the trial. Picture: AFP
Protets oustide the courthouse have been common throughout the trial. Picture: AFP

COULD TRUMP PARDON HIMSELF?

No - not in the New York hush money case.

The presidential pardon only relates to federal crimes. The trial in New York is a state case.

Pardoning power rests with the New York Governor.

WHAT IS A LIKELY SENTENCE?

The charges each carry a four-year prison sentence but Trump also is a first-time offender with no criminal record, so may receive probation or a fine rather than a prison sentence.

Former US President and Republican presidential candidate Donald Trump gestures as he arrives back at Trump Tower after being convicted in his criminal trial. Picture: AFP
Former US President and Republican presidential candidate Donald Trump gestures as he arrives back at Trump Tower after being convicted in his criminal trial. Picture: AFP

WHERE COULD TRUMP BE JAILED?

If Trump is sentenced to a period of home detention, the former president could serve the sentence outside of New York, for instance at his Mar-a-Lago estate in Florida, where New York authorities would coordinate with Florida’s probation department to monitor his confinement.

Mr Trump prpeares to speak to media after the verdict. Picture: AFP
Mr Trump prpeares to speak to media after the verdict. Picture: AFP

In the event that Trump is sentenced to jail time, the location would depend on the duration of his sentence.

If Trump faces more than one year in jail, New York law requires that his sentence be served in a New York penal facility. But if his sentence is shorter than a year, it would be served in a New York City correctional facility, such as the notorious Rikers Island.

Originally published as Key questions after Donald Trump guilty verdict

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Original URL: https://www.heraldsun.com.au/news/world/key-questions-after-donald-trump-guilty-verdict/news-story/80148590465b91fa5e657776de118984