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Will Donald Trump return as the US president or will he not?

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With indictments, arraignments and numerous criminal cases that have forced him to create a defence legal fund, it's not just the question of whether will Trump return as US president. The subsequential question of concern remains: Can Donald Trump run for the US presidency in the first place? If that's possible, in case of his potential re-election, can he continue to remain the president for a full four-year term?

These questions are concerning for not just the current US President Joe Biden or the mortal Democrats or Republicans or their Political Action Committees. But Trump's potential return to the White House holds significance or consequence — from where you see it — for the entire world.

Donald Trump’s most recent indictment is a historic first for a former or a sitting president. In Trump's case, it's for his purported effort to dispute the results of the 2020 US presidential polls.

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The indictment was all the more extraordinary because it came as Trump is running to return to the White House and is being deemed as the frontrunner to win the Republican nomination.

Also watch | Donald Trump's third indictment in four months

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WION take a look at what it means for Donald Trump and his potential bid to be the US President.

Can Donald Trump still run for president?

Yes. Donald Trump can run for president since the US Constitution does not bar those convicted of a crime from running for the presidency. The real question of contention is, if the Republicans end up shading enough states in Red in 2024, can Trump become the president or not?

So Trump can run for White House, may potentially win, and still not hold the office?

Yes. That's the catch. The 14th Amendment to the US Constitution bars any person who has participated in an insurrection from holding elected office. Donald Trump's alleged role in January 6 US Capitol riots can become this exact roadblock that can push him out of the White House even if the Republicans win the majority in 2024 and Trump emerges as the winner.

What is the 14th Amendment to the US Constitution concerning disqualification of an elected representative?

Section 3 of the 14th amendment to the US Constitution specifies 'Disqualification from Holding Office'.

It states: "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, 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."

Also watch | White House maintain silence on Trump indictment

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To break it down for you, let's say Trump emerges as the winner in the 2024 US elections, and for his alleged role in Jan 6 "insurrection" a federal judge disqualifies Trump from the presidency. That disqualification will not hold and Trump will remain the president if each House of the US Congress by two-thirds majority votes against such federal disqualification.

Is there any precedent to the use of the 14th amendment?

Yes. In 2022, a judge in New Mexico used the 14th Amendment to remove a county commissioner from his post after the commissioner was found guilty on federal charges related to January 6 riots. 

It was the first time since the US civil war that an official was removed from their post for engaging in an insurrection.

What is Trump's reaction to indictments and potential disqualification from presidency?

Reacting to the latest indictment, Donald Trump in all-caps wrote on his Truth Social account that he has "never had so much support". 

Also read | Biden’s approval rating plummets to new low as Trump gains momentum

Referring to the indictment as "unprecedented", Trump said it "has awoken the world to the corruption, scandal, & failure that has taken place in the United States for the past three years".

Thanking his supporters for rallying to his defence, Trump described his indictment as "unprecedented" and vowed to purportedly make America great again.

"America is a nation in decline, but we will make it great again, greater than ever before. I love you all!!!"

He is expected to appear before a judge on Thursday in his first court appearance in the case.

Trump Vs Biden: What does the contest look like?

Donald Trump appears to pose a strong challenge to Joe Biden, with the former US president edging forward to lead the polls. 

The two are tied in a hypothetical rematch at 43 per cent support for their return to the White House in 2024, according to a July poll from The New York Times and Siena College released on Tuesday, July 31, 2023.

In the poll that asked people who they would vote for between Biden as the Democratic nominee and Trump as the GOP’s, both saw 43 per cent support among the surveyed registered voters. 

Trump saw more support from his base than Biden, with 88 per cent of registered Republicans selecting Trump versus 83 per cent of Democrats choosing Biden.

Meanwhile, former US President Barack Obama has reportedly warned Joe Biden about how strong a challenge Donald Trump will be in their second election battle in 2024, reflecting the blockbuster contest that 2024 US presidential polls are emerging as.

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