Could Trump's legal problems stop him being the next president? What we know

The former commander-in-chief is battling legal issues as he makes another run for the White House

Republican presidential candidate former President Donald Trump arrives for a campaign rally Saturday, July 29, 2023, in Erie, Pa. (AP Photo/Sue Ogrocki)
Republican presidential candidate Donald Trump is facing multiple legal battles. (AP)

As former US president Donald Trump gears up for another run at the White House, he is also facing a raft of legal issues that range from alleged mishandling of national security documents to claims he fudged business documents to cover up an affair.

As well as criminal charges, the former president has been barred by the Columbia Supreme Court from running in the state in a ruling based on the 14th Amendment - the US Supreme Court is due to weigh in on the issue, but other states have indicated they are interested in following suit if the high court does not find in Trump's favour.

So, what is the former president accused of and how will it affect his chances at winning another term in the White House in 2024?

Yahoo News UK breaks it down...

What is Donald Trump accused of?

2020 election: Trump faces four criminal charges relating to his alleged attempt to overturn the results of the 2020 election, which he lost to Joe Biden.

It is the third time Trump has been indicted – setting a new record as the first, second and third time a former president has faced criminal charges.

The new charges, which were unsealed on 1 August, are: "Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights."

AUGUST 1st 2023: Former president of The United States of America Donald Trump is indicted by a federal grand jury on four counts tied to his efforts to undermine and overturn the 2020 election results leading to the January 6th 2021 insurrection at The Capitol Building. - File Photo by: zz/Andrea Renault/STAR MAX/IPx 2023 4/4/23 Former President Donald Trump is seen on April 4, 2023 departing Trump Tower on his way to criminal court in New York City. (NYC)
Donald Trump is facing three separate indictments. (StarMax).

The indictment by a grand jury in Washington DC follows an investigation into the former president's behaviour in the months following the results of the 2020 election, which he insisted at the time had been "stolen" by Democrats.

"Despite having lost, the defendant was determined to remain in power. So for more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the defendant knew that they were false," the indictment says.

Trump has branded the charges a "fake indictment" and denied all allegations.

Georgia 2020: In a separate case, which saw the former president and 18 other individuals named, Trump is accused of attempting to overturn the US election results in that state.

He faces 13 criminal counts after allegedly asking a Georgia election official to "find 11,780 votes" in a phone call that led to an investigation into his conduct. Among the criminal charges he faces is an allegation of racketeering, which carries maximum jail time of 20 years.

Classified documents: Trump was indicted on 40 felony counts related to the mishandling of classified documents, including some pertaining to national security – 31 of which fall under the espionage act. The indictment claims that Trump moved boxes of classified documents to his home at Mar-a-Lago, Florida, and showed the documents to other people.

This image, contained in the indictment against former President Donald Trump, shows boxes of records stored in a bathroom and shower in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla. New allegations in the classified documents case against Trump deepen his legal jeopardy as he braces for possible additional indictments related to efforts to overturn the 2020 election.(Justice Department via AP)
This image, contained in the indictment against Donald Trump, shows boxes of records stored in a bathroom and shower in the Lake Room at his Mar-a-Lago estate in Florida. (Justice Department via AP)

In one case, prosecutors say Trump showed someone a "plan of attack" for another country, telling his guest: "As president I could have declassified it” but “now I can’t". He also allegedly said that the document was "still a secret". Trump reportedly told the FBI he did not know how the documents ended up at Mar-a-Lago after his indictment, which followed a two-year investigation into documents being removed from the White House.

The former president has denied the charges, which carry a 10-year prison sentence, arguing he is not the first former elected official to retain classified documents.

Hush-money payments: Trump's first indictment came in March, handed down by a New York grand jury in relation to alleged hush-money payments to adult film star Stormy Daniels.

The alleged $130,000 payment to Daniels was made by Trump's former lawyer Michael Cohen, in what she claims was designed to prevent her from leaking details about a sexual encounter with Trump in the early days of his marriage to wife Melania. Trump denies any such encounter took place.

ROSEMONT, ILLINOIS, UNITED STATES - APRIL 22: Stephanie A. Gregory Clifford, known professionally as Stormy Daniels attends Exxxotica Expo held at the Donald E. Stephens Convention Center on April 22, 2023 in Rosemont, Illinois. (Photo by Jacek Boczarski/Anadolu Agency via Getty Images)
Stephanie Clifford, known professionally as Stormy Daniels, is at the centre of the alleged hush-money payments. (Getty Images)

The 34-count indictment relates to falsifying of business records in relation to the payments, which allege Trump doctored his records to cover up the payments in an attempt to influence the 2016 election.

Trump denies the charges, which carry a prison term of up to four years if he is found guilty. A hearing is set for mid February, while Daniels has said she expects to testify in March.

Colorado Supreme Court: Among the legal challenges Trump faces is one from the Colorado Supreme Court, which has barred the former president from the Colorado primary ballot based on the 14th Amendment of the US Constitution (which prevents anyone involved in an insurrection from holding office).

Trump denies the charges, and his team is challenging the ruling, while the US Supreme Court has agreed to hear the case. Arguments are set to be heart in February, while the Colorado primary will happen in March.

The ruling will be closely watched by Maine, whose own court has said it is awaiting the Supreme Court's decision on Trump.

Can Donald Trump still run for US president?

In short, yes. While the US constitution stipulates certain conditions for those running for president, those conditions do not touch on criminal charges.

To become president in the US, candidates must be over the age of 35, a natural-born citizen of the US, and have lived in the country for more than 14 years. That's it – anyone who meets these requirements can declare their candidacy.

And while the 22nd Amendment does add further stipulations (introducing a two-term limit and preventing anyone from being elected more than twice), it does not say anything about criminal conduct. There is also nothing to suggest that the president could not – technically – serve a term from jail.

Republican presidential candidate former UN Ambassador Nikki Haley speaks at a campaign event, Sunday, Jan. 14, 2024 in Adel, Iowa. (AP Photo/Abbie Parr)
Former UN Ambassador Nikki Haley is the sole remaining challenger to Trump securing his party's candidacy. (AP Photo/Abbie Parr)

Additionally, despite Trump not only facing three separate indictments, there is nothing to stop him from running for president again despite being the only president in history to have been impeached twice. "There’s nothing in the constitution to say that it could,” Trump said of whether charges could block his bid. “Even the radical left crazies are saying, ‘No, that wouldn’t stop!’ And it wouldn’t stop me either.”

How popular is Donald Trump?

The three indictments and two impeachments have done little to touch Trump's core base, who continue to back him regardless of the accusations levelled at him.

Indeed, according to a Morning Consult poll published on 19 January, 81% of Republican voters think favourably of Trump - however the same poll showed this rating dropped to just 46% among general voters (with 51% thinking unfavourably of him).

Matching up with his rival for the Republican ticket, Haley, the polling average from FiveThirtyEight puts Trump at 67.7% compared with Haley's 12.4%.

What do Brits think of him?

In the UK, recent polling from Savanta showed Brits have a negative attitude towards the former president. Three in five (59%) British adults said that Trump winning in November would be a negative outcome of the election, with only 8% feeling 'very positive' about Trump.

Seventy-two per cent described Trump as 'irresponsible', and 68% said he was 'dishonest'.

"UK politicians, and in particular Conservative MPs, should take note of these results which show that even their core voters believe Trump is highly unsuited to high office," said Chris Hopkins, political research director at Savanta. "It looks increasingly likely the US and UK elections will dovetail, and this will be fraught with risks for all UK political leaders - in particular prospective leadership candidates for whichever party is out of government in the UK."