Select Page

What rights COULD Trump lose because of the conviction?

What rights COULD Trump lose because of the conviction?

Convicted felons lose constitutional rights.  But which they lose and for how long varies widely.  So, what changes for President Trump?

Jail.  The most serious loss is freedom as a result of incarceration.  In Trump’s case, most experts and observers agree that any jail time is extremely unlikely.  If Judge Merchan were to impose a jail sentence, it would be rather short and likely deferred until after all appeals are exhausted.  That means that even the possibility of incarceration is not likely to happen for a year or more. Incarceration would also create a huge problem for the Secret Service – who would essentially have to be incarcerated with him.  The prison would have to construct a special space with special communications.  Odds are that Trump will not be incarcerated … period.  But then, Merchan is a man on a mission.

Home Monitoring.  As an alternative to jail, some convicted felons are confined to their home and only essential trips beyond.   They are usually fitted with an ankle bracelet monitoring device.  This would not happen in Trump’s case.

Travel Restrictions.  Convicted felons on probation can be restricted from traveling outside the jurisdiction of the court.  Like home monitoring, that will not be imposed on Trump for all the obvious reasons.  However, Trump could be required to have regularly scheduled meetings with a probation officer.

The Right to Vote.  It is generally believed that a convicted felon loses the right to vote.  Not always.  I can depend on different state laws.  In the Trump case, it would depend on the laws of New York, where he was convicted, and Florida, where he lives.  For Trump that means his right to vote would only be taken away if he is in jail at the time of the election – including early voting.  It is almost certain that Trump will be able to vote for himself.

Bearing Arms.  He would lose his right to possess a gun.  He is not a recreational shooter, and he has 24/7 armed security from the Secret Service.  Not personally owning or carrying a gun would have little to no impact on his lifestyle.

Holding Office.  In some cases, convicted felons are barred from holding office.  That restriction depends on the crime and differences in state and federal laws.  As a Class C felon, Trump is eligible to hold the presidency if the American voters elect him.  And … the conviction would not prevent him from having the highest security clearance as President.

Summary.  Other than putting a bad mark on his historic record – and giving Team Biden the chance to use the “convicted felon” mantra – the conviction will not change much in terms of Trump’s day-to-day campaign activities.

So, there ‘tis.

About The Author

Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of businessman, conservative writer and political strategist Larry Horist. Larry has an extensive background in economics and public policy. For more than 40 years, he ran his own Chicago based consulting firm. His clients included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. Larry professional emphasis has been on civil rights and education. He was consultant to both the Chicago and the Detroit boards of education, the Educational Choice Foundation, the Chicago Teachers Academy and the Chicago Academy for the Performing Arts. Larry has testified as an expert witness before numerous legislative bodies, including the U. S. Congress, and has lectured at colleges and universities, including Harvard, Northwestern and DePaul. He served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. Larry has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. An award-winning debater, his insightful and sometimes controversial commentaries have appeared on the editorial pages of newspapers across the nation. He is praised by audiences for his style, substance and sense of humor. Larry retired from his consulting business to devote his time to writing. His books include a humorous look at collecting, “The Acrapulators’ Guide”, and a more serious history of the Democratic Party’s role in de facto institutional racism, “Who Put Blacks in That PLACE? -- The Long Sad History of the Democratic Party’s Oppression of Black Americans ... to This Day”. Larry currently lives in Boca Raton, Florida.

13 Comments

  1. KW

    why do you assume that any jail/prison sentence would be short??? That makes no sense given the intense pressure to charge and convict Trump on lots of bogus charges. There is every reason to believe that they will throw the book at him and go for the maximum penalty.
    Why? Because that is consistent with everything they’ve done so far. Do you really think they did all of this to NOT punish him severely??
    All of this is totally bogus, illegal and unconstitutional……yet they are still pushing for it every step of the way, abusing their power at every step, trampling on his rights at every chance. So, again, I ask: WHAT IN THE WORLD MAKES YOU THINK THEY WILL GO EASY ON HIM WHEN IT COMES TO SENTENCING??? IT’S MUCH MORE LIKELY THAT THEY WILL CONTINUE TO ABUSE THEIR POWER AND IGNORE ALL DECENCY AND LEGALITY.

    • Ron C

      What makes you think this kangaroo court show trial and made-up laws are going to stand up under review?

  2. Darren

    To use the “convicted felon” mantra means nothing more than there is a Corrupt
    Democratic force in this country that should keep everybody awake at night.
    Think Russia & China.
    Everyone but Hunter!

  3. Frank stetson

    Except Trump is convicted. The dems you mention has not even been indicted.

    Darren basically says he thinks the US justice system is broken. It’s not. Trump is not persecuted, he’s protected. Trump had extramarital sex. He paid hush money using fraudulent business records to hide what he was doing. He did this to keep it out of the news just after the Access Hollywood tapes dinged his campaign and just before the election. He rigged the 2016 election win. He list the popular vote.

    All of that is true.

    Most of those facts came from Trump’s employees, associates, and friends.

    The jury undoubtedly had Republicans, any of which could have easily hung the jury causing a mistrial. They did not.

    Either we have the best and fairest legal system in the world or it’s totally broken by partisan actions outside the rule of law.

    Most of Trump’s 2016 campaign upper management convicted for a variety of reasons.

    Most of Trump’s 2020 campaign lawyers convicted for election rigging.

    Trump cheated his University students. He stole from his own charity. He digitally raped and sexually abused a woman. He defamed people as did his personal lawyer. His business is corrupted and convicted on numerous felonies, his cfo is in jail. His fixer went to jail.

    Sure seems that the owner of the blame is apparent.

    • Nancy

      So glad you got the facts straight. So don’t be surprised when the “ convictions “ are overturned

      • frank stetson

        Nancy,
        Tis his right to appeal. Chances on the Carroll case he may knock down the money but not the sex abuse charge of a digital rape nature. On the hush money election rigging plot, he can appeal, but chances are it won’t stand. He’s also trying to get scotus to “annul” it, whatever that means. It’s not sure that his “immunity” case in front of scotus would value him in the ny case since he was not President at that time. I don’t think he has any appeals beyond that for NY, yet.

        No appeal for Trump University. None for Trump foundation scam. And none for his criminally corrupt company for all those convicted felonies there. And Cohen is done, no appeal there.

        I think what’s more telling is you are gung ho to put a sex abusing felony criminal in the oval office. Because he’s not a politician (but he is) but a great businessman that has to cheat to win at business. Whatever. Sigh.

        • Americafirst

          Frank, what you are saying is what you believe is the truth without absolute proof of the circumstances and you are proud of convicting Trump unless of course you are part of the legal team of either side. Can YOU prove you are right? If you can’t, you shouldn’t be slamming anyone for their beliefs. Personally, I believe Trump was the one who was raped. I can’t prove that, but I don’t force anybody to believe that. We all must wait and see the outcome of all of the trials. Why do you hate so many people. You really need help. Get it before the Ascencion happens. May God have mercy on your soul!

          • Frank stetson

            Af Uh, the outcome of these trials is confirmed. The facts are in the record. They are the truth and no appeal will change that.

            I think you mean appeal which is concluded on many as I noted above. He may appeal the money for carroll, but nothing else is being appealed. He is guilty and those facts are not changed.

            Appeals ate rarely on the facts but on the process of the law.

            On the hush money, he is asking the scotus to annul but no one knows what he means.

            Get your facts right. There is no opinion on the merits of the facts in the court record. That a false conclusion on how the legal system operates. .

    • Ron C

      And what proof do you have that Trump had sex with Dainels? None, just the word of a two-bit hooker that said she never had an affair with Trump.

      • frank stetson

        That’s right, Ron. No one has sex with anyone unless you are there in the room with a camera….. Of course, by the same logic, why would you believe Trump? Even more so given his other, frequent, consistent, lies about everything. Remember, he is an adjudicated sexual abuser of the digital rape type. There is no doubt he has sex outside of his marriage.

        She is not a two bit hooker, she is a porn star that he hooked up with. Plus, there’s the Playboy model that, under the threat of perjury, confirmed Daniel’s story with her own. The doorman’s suggestion of a love child seems to be not believed.

        Trump could not shake their testimony, and the jury believed Daniels and not Trump. Trump paid her hush money not to tell her story that you don’t even believe. If his supporters don’t believe it, if it doesn’t matter to the election, if he didn’t do it, then why oh why did he pay her to not tell what he calls a lie?

        There had to be one or two Republicans on the jury. Don’t you think if there was a shadow of doubt, they would have hung the jury?

        Just saying. It doesn’t pass the simple sniff test.

        Nope, he’s been proven, in court, based on the evidence, to be a liar, a sexual abuser, convicted felon, his business is corrupt, convicted of many felonies, he defrauded his college students, he stole from his own charity foundation, and now he’s guilty of paying hush money to rig the 2016 election that he couldn’t even win the popular vote over Hillary. His personal lawyer and fixer went to jail. Most of his 2016 campaign senior managers went to jail for a variety of offenses. His cfo is in jail. Yup, less popular via the vote than Hillary. It was that close.; For the 2020 election, his legal staff of lawyers pled guilty to the attempt to rig the 2020 election. His personal lawyer owes 146M for spreading Trump lies.

        You can claim justice weaponized. You can blame Democrats for bias. But at some point, wake up and smell the coffee. The guy is a crook, always has been. He just finally can’t outrun the law by outspending the law anymore.

        • Hammon

          Go to your secret place and get a grip on yourself. Maybe your daughter will give you a hand

          • Frank stetson

            Why are you guys so obsessed with me having sex with an imaginary daughter? So you people do that? It’s just such a queer thought.

            But glad you care enough to think about me. Yet enough about tge sex. That’s your party where you want to elect for our President, a fingering felon fraudster who has to cheat at everything to win.

            Of course, given what he has said about his own daughter and his desires, I get why you like him so much.

  4. Americafirst

    FS, YOU GET YOUR FACTS straight. The best thing that can happen is for Trump to be jailed. All Hell will break loose then. The Secret Service will be taken away and the Military will step in to guard Trump because the Military swore an oath to his protection and the Constitution because Donld J Trump IS the only legal President of the United States and Commander in Chief. Fake Biden is playing a part for the White Hats. I don’t believe, though Trump will go to prison, I’m undecided on that. AND don’t you ever tell me how to think or run my life again. You will become kinder or else! Yes, I just told you – Tit for tat! How do you like it? There may even be a cell waiting for you. One never knows. Look up Derek Johnson on either You Tube or Rumble. That will tell you of Trump’s presidency by the book of Military Law. But, of course, you never look anything up I have ever suggested. Lazy and snideness on your part just to prove you are right and I am wrong. If you are such a lefty, why are you on a Conservative site? Is it to terrorize those who are commenting on here? I do think so! Or maybe you are CIA!

  1. What, Larry? With Election Day so close and the margin is closer still you choose Biden for your whipping person…