Does Donald Trump’s conviction end his presidential campaign?

Donald Trump has been found guilty of falsifying* business records, making him the first former US president ever to be convicted* of felony* crimes. But Trump’s criminal conviction on May 30 local time will not prevent the Republican* candidate from continuing his campaign to retake the White House, even if he were sentenced to jail before the November 5 election.

Here’s why.

HOW CAN TRUMP BE PRESIDENT DESPITE THE CONVICTION?
The US Constitution* only requires that presidents be at least 35 years old and US citizens who have lived in the country for 14 years.

Neither a criminal conviction nor a prison sentence would affect Trump’s eligibility* or his ability to become president. In theory, he could be sworn in from prison if he were to defeat Democratic* President Joe Biden in the November 5 election.

Jailhouse presidential campaigns are not unprecedented* in US history. Socialist* Eugene Debs unsuccessfully ran for president from prison in the 1920 election, though unlike Trump he was not a serious contender*.

WILL TRUMP GO TO PRISON?
It is not yet known what sentence, if any, the judge will impose.

Trump is a first-time offender for a nonviolent crime, and it is rare for people with no criminal history, who are convicted only of falsifying business records, to be sentenced to prison in New York. Punishments like fines or probation* are more common.

The maximum sentence for Trump’s crime of falsifying business records is around 16 months to four years in prison, but in cases involving prison time, defendants are typically sentenced to a year or less.

If punished beyond a fine, Trump could be placed under house arrest* or subjected to a curfew* rather than imprisoned.

As a former president, he has a lifetime Secret Service* detail*, and the logistics of keeping him safe behind bars could be complicated.

Trump could also be released on bail* while appealing* his conviction.

HOW COULD THE GUILTY VERDICT AFFECT THE ELECTION?
While this cover up case is widely seen as the least serious of the four criminal prosecutions* Trump faces, the guilty verdict could have implications for the US election.

Opinion polls show a guilty verdict could cost him votes in an election that will potentially be decided by just tens of thousands of votes in a handful of battleground states.

One in four Republicans said they would not vote for Trump if he was found guilty in a criminal trial, according to a Reuters/Ipsos poll of registered voters in April. In the same survey, 60 per cent of independents said they would not vote for Trump if he was convicted of a crime.

For a different candidate, running at a different moment in history, a criminal conviction would likely end a presidential run on the spot, but Trump’s political career has already survived two impeachments* and investigations into everything from his possible ties to Putin’s Russia to whether he conspired* to interfere with an election result. Only time will tell if Trump, one of the most divisive figures in modern global politics, will also survive a criminal conviction and the other charges currently against him.

ARE THE RULES THE SAME IN AUSTRALIA?
The short answer is no.

Our system in Australia, which is a constitutional monarchy*, is different to that in the US, which is a republic*. We have a prime minister rather than a president, for example, and Australia’s head of state is actually the current British monarch*, King Charles III.

If you want to stand for election for the Australian parliament, you need to follow some rules set out by the Australian Constitution and the Australian Electoral Commission.

Section 44 of the Constitution has ended the careers of a number of Australian politicians, including an unprecedented number in the 45th parliament (2016-2019).

Section 44 states that you may not be a member of parliament if you are found guilty of a serious crime, bankrupt*, or in a job where you already receive money from the parliament. You also have to be a citizen of Australia, and not of any other country (that is, you can’t be a dual citizen).

More precisely, no one with a criminal conviction carrying a jail term of one year or more can be elected to parliament, under section 44(2) of the Australian Constitution.

Additional reporting by Kids News

POLL

GLOSSARY

• falsifying: changing something, like a document, in order to deceive people
• convicted: found guilty of a crime in a court of law
• felony: a serious crime that can be punished by more than a year in prison
• Republican: the more conservative of the two major political parties in the US, the other being the Democratic Party
• constitution: the set of rules and principles for governing a country
• eligibility: having the necessary qualities to qualify for something
• Democratic: the more liberal of the two major political parties in the US, the other being the Republican Party
• unprecedented: something that has never happened before
• Socialist: advocates for socialism, a political doctrine that calls for public rather than private ownership, control of property and natural resources
• contender: candidate, someone competing with others to try to win something
• probation: act of suspending the sentence of a convicted offender and giving them freedom for good behaviour
• house arrest: court-ordered confinement to one’s own home
• curfew: a rule that someone must stay inside their home at particular times
• Secret Service: US government agency that protects the president, vice president and others and conducts investigations into crimes against the financial security of the US
• detail: all aspects of the role protecting a person, building, organisation or country
• bail: the temporary release of a prisoner in exchange for an amount of money
• appealing: applying to a higher court for the review of a decision made in a lower court
• prosecutions: trials held against someone accused of different crimes
• impeachment: process by which a government official is charged with a crime
• conspired: planed and acted together secretly, especially in order to commit a crime
• constitutional monarchy: a system of government in which the monarch acts as a country’s head of state within the guidelines of its constitution and the advice of its elected government
• republic: a form of government in which the people elect their leaders and have a president rather than a king or queen
• monarch: king or queen, sovereign head of state who rules over a kingdom
• bankrupt: being unable to pay what you owe and having the legal bankruptcy process take control of your finances

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QUICK QUIZ

1. Donald Trump was found guilty of what crime?
2. What does the US Constitution require of a presidential candidate?
3. Who ran for the US presidency from prison and in what year?
4. What proportion of polled Republicans said they would not vote for Trump if he were convicted of a crime?
5. How does Australia differ from the US when it comes to convicted criminals holding public office?

LISTEN TO THIS STORY

CLASSROOM ACTIVITIES
1. Leadership qualities
Does reading about Trump prompt you to ponder, what makes a good leader? Think about what values and qualities you would like a person who represents and leads you to have. Make a list of at least 10 values and qualities that you think are important.

Choose three of the values/qualities on your list and elaborate further by writing a paragraph explaining why they are important and how they might be demonstrated.

Time: allow 20 minutes to complete this activity
Curriculum Links: English; Civics and Citizenship

2. Extension
What do you think are leadership “deal breakers”? Nominate five things that you think should exclude a person from being a leader.

Time: allow 10 minutes to complete this activity
Curriculum Links: English; Civics and Citizenship

VCOP ACTIVITY
Read this!
A headline on an article – or a title on your text – should capture the attention of the audience, telling them to read this now. So choosing the perfect words for a headline or title is very important.

Create three new headlines for the events that took place in this article. Remember, what you write and how you write it will set the pace for the whole text, so make sure it matches.

Read out your headlines to a partner and discuss what the article will be about based on the headline you created. Discuss the tone and mood you set in just your few, short words. Does it do the article justice? Will it capture the audience’s attention the way you hoped? Would you want to read more?

Consider how a headline or title is similar to using short, sharp sentences throughout your text. They can be just as important as complex ones. Go through the last text you wrote and highlight any short, sharp sentences that capture the audience.