Constitution Precludes Prison for Trump If He Retakes Office, Attorneys Say

If Trump is sentenced to prison and reelected, the supremacy clause will kick in so he won’t serve as president from a prison cell, experts say.
Constitution Precludes Prison for Trump If He Retakes Office, Attorneys Say
Former President Donald Trump (C) sits in the courtroom with attorneys Todd Blanche (L) and Emil Bove at Manhattan Criminal Court in New York City on May 14, 2024. Michael M. Santiago/Getty Images
Sam Dorman
Updated:
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Should former President Donald Trump be sentenced to prison for a term beyond a possible inauguration in January 2025, it’s unlikely that he would be kept in prison after that point, attorneys indicated to The Epoch Times.

While some attorneys predict that the former president is unlikely to face prison time after his guilty verdict in May, given that he’s a first-time offender, the decision is ultimately on New York Supreme Court Justice Juan Merchan. He’s due to issue his decision on July 11—just four days before the Republican convention, where the GOP frontrunner is set to be formally nominated as presidential candidate.
Sam Dorman
Sam Dorman
Washington Correspondent
Sam Dorman is a Washington correspondent covering courts and politics for The Epoch Times. You can follow him on X at @EpochofDorman.
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