Donald Trump will NOT be able to pardon himself for Georgia election crimes if convicted and re-elected in 2024 – what this means for his presidential campaign

Donald Trump cannot forgive himself if he is convicted in Georgia and also wins the presidency in 2024 – because the crimes he is accused of are state crimes, not federal ones.

Presidents are incapable of pardoning state crimes – meaning Trump would fight for any conviction, both in Georgia and New York, where he is charged in connection with a hush money payment to porn star Stormy Daniels.

An additional hurdle for the former president is that while Georgia has a Republican governor, Brian Kemp, a pardon from him is not an option. Kemp has been the target of Trump’s wrath in recent years.

Under Georgia’s state constitution, there is a board of pardons and parolees, with five members appointed by the governor and confirmed by the senate.

And they can’t just vote to pardon Trump. To be eligible for a pardon, a person in Georgia must: complete their sentence; have no ongoing costs; and wait five years.

The odds are better in the two Justice Department cases against him — the one for classified documents and the one for election interference — which could be erased from the books if Trump wins the presidency, since they are federal crimes — meaning he, in theory, having the power to forgive oneself.

But legal experts are torn over the issue, which is likely to end up in the Supreme Court.

“He can try to pardon himself at the federal level, but the state sentences remain. There would likely be a lawsuit over whether a president can use his clemency power under the Constitution to pardon himself,” former federal prosecutor Joan Meyer told DailyMail.com earlier this month.

If Trump wins the 2024 election and appeals a conviction or continues to face a federal trial, all federal cases will likely stop.

The president would designate his own attorney general, who would most likely be someone to end federal cases against him.

In addition, it is the Justice Department’s policy not to indict or try a sitting president.

In Georgia, a board of pardons handles pardon requests – it’s not the purview of the Brian Kemp state government (above)

A law enforcement officer walks past the Lewis R. Slaton Courthouse in Atlanta

Meanwhile, if Trump is convicted in any of the cases against him before the November 2024 election, there is nothing to stop him from continuing his presidential campaign.

“Nowhere in the constitution does it say that a convicted felon cannot run. Even if that felon is in jail,” Alan Lichtman of American University told DailyMail.com earlier this month.

The constitution has basic requirements: a person must be at least 35 years old, born in the United States, and have lived in the United States for at least 14 years.

Even if convicted, Trump may not be in jail during the 2024 election. He is expected to appeal and stay out of jail during that trial.

Other candidates have applied from prison. Eugene V. Debs, in 1920, ran as the Socialist presidential candidate while imprisoned at Atlanta Federal Penitentiary for speaking out against the draft during World War I.

His supporters spoke for him, ran his campaign and spoke to voters.

Debs and his running mate Emil Seidel received 913,693 votes, but not a single electoral vote. Republican Warren Harding took over the White House.

Supporters of Debs, including movie star Mae West, lobbied for him to be pardoned. That never happened, but Harding released him from prison.

If convicted, Trump could end up in a minimum security federal prison where he could have some internet access, meaning he could write some posts on Truth Social and communicate via email.

“The Bureau of Prisons must approve any request for special treatment. Depending on where he is housed, probably if he is in prison, it would be a camp or prison with the lowest security and he would have limited access to a phone. Detainees do not have unfettered access to the internet, but do have some access to email. Whether Trump will get more access or special treatment from BOP remains to be seen if he goes to jail,” Meyer said.

There is even a small chance that Trump, if convicted, could be sentenced to house arrest, where he would be tracked with an ankle bracelet.

Or he could be placed in a separate housing, given that he would have a Secret Service detail and special needs that could qualify him for incarceration with the general prison population.

“The exact nature of the housing is speculative at this point, but he would likely be housed in an environment where he would have minimal or no contact with other inmates,” said Tess Lopez, a federal sentencing expert.

“Currently, special housing exists for inmates in need of protection, such as former law enforcement officers, witness protection inmates, etc. One could speculate that the Bureau of Prisons could take similar measures to protect the former president,” she noted .

Otherwise, his campaign staff would be able to raise money and conduct other campaign activities if he is imprisoned.