Allegations of serious nature have emerged, suggesting that Donald Trump (76) stored classified documents in the bathroom and shower area.
The former president of the United States has been indicted on 37 charges by the US judiciary. One of the allegations is that Trump maintained secret documents in the bathroom and shower of his residence, Mar-a-Lago, located in Florida.
Prosecutors have pointed out that tens of thousands of individuals, including members and guests, visited Trump's residence between the end of his presidency in January 2021 and the raid conducted in August 2022.
Donald Trump himself confirmed his involvement in the secret documents affair on his social media platform called "Truth Social."
US legal experts have raised the question of whether it would be possible for a president to govern from prison, clad in orange overalls instead of a suit.
According to the US Constitution, presidential candidates must be natural-born US citizens, possess valid citizenship, be at least 35 years old, and have resided in the US for a minimum of 14 years.
"If he is in prison during the next presidential election, his imprisonment alone would not prevent him from running," stated Michael Gerhardt, a constitutional law professor at the University of North Carolina, in an interview with Business Insider.
However, if Donald Trump were to be elected president after a campaign with limited public appearances, complications could arise.
As a prisoner, the president would be subject to the same rules as other inmates, potentially limiting their communication and ability to participate in events, explained Barbara McQuade, a former US attorney and law professor at the University of Michigan.
Nevertheless, since the Constitution does not specify a particular location for the president, Trump could still exercise certain presidential powers from within a prison cell. These powers include granting pardons, vetoing bills, issuing executive orders, signing laws, and making political appointments.
The Constitution does require that the president deliver regular State of the Union addresses before Congress. However, this does not necessarily have to be done in person and can be conducted remotely, even from prison.
One logistical question that arises is the fate of the "nuclear football," the briefcase containing codes for a potential nuclear attack, which must remain with the president at all times, as stated by Laurence Tribe, a constitutional law professor at Harvard University.
If Trump is incarcerated in a federal prison, he would have more control over his situation compared to being in a state prison. He could potentially attempt a self-pardon, although the legality and enforceability of such action remain uncertain.
However, if Trump were to be convicted of a state crime, his federal executive powers would be of little benefit, as parole laws vary among states, and his release would be determined by a governor or state parole board.
Furthermore, an important question arises: Would a president in prison be considered "incapable of discharging the powers and duties of his office"?
This question would invoke the 25th Amendment, which addresses presidential incapacity and succession. "Based on the clear wording of this amendment, one could argue convincingly that he is incapacitated," stressed Gerhardt in his interview with Business Insider.
