PolitiFact - Can Donald Trump run for president if charged and convicted of removing official records?

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An FBI search of former President Donald Trump’s Mar-a-Lago resort has prompted questions about a law that says anyone who removes official records shall be disqualified from holding office. It clashes with the Constitution.

Security moves in a golf cart at former President Donald Trump's Mar-a-Lago estate, Tuesday, Aug. 9, 2022, in Palm Beach, Fla. Fifteen boxes of presidential records including classified material were moved from Trump’s Mar-a-Lago estate to the National Archives earlier this year. On Aug. 8, the FBI executed a search warrant at Mar-a-Lago.

However, the U.S. Constitution lists the qualifications to run for president and they are only about age, citizenship and residency. Trump said in a statement Aug. 8 that Mar-a-Lago was "currently under siege, raided, and occupied by a large group of FBI agents." Without access to the search warrant or other investigative documents, there is not a lot that we know about the search. Spokespersons for the FBI and Justice Department told PolitiFact they had no comment.

In an interview with Fox News’ Sean Hannity, the former president’s son Eric Trump said "the purpose of the raid, from what they said, was that the National Archives wanted to corroborate whether or not Donald Trump had any documents in his possession," adding "and my father worked so collaboratively with them for months.

 

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The constitution sets out the minimum qualifications you *must have* to be president. You must be a citizen. You must be 35. It does not prohibit other requirements. There is nothing constitutionally making it an exhaustive list. A 35 year old citizen is a floor, not a ceiling

It will be moot after he's jailed.

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