Sean Hannity says that Trump could run for president from jail, if he wanted to

On "The Sean Hannity Show" the host explains that, constitutionally, jail wouldn't stand in the way of Trump

By Kelly McClure

Nights & Weekends Editor

Published August 12, 2022 8:07PM (EDT)

LAS VEGAS, NV - SEPTEMBER 20: Fox News Channel and radio talk show host Sean Hannity (L) interviews U.S. President Donald Trump before a campaign rally at the Las Vegas Convention Center on September 20, 2018 in Las Vegas, Nevada.  (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - SEPTEMBER 20: Fox News Channel and radio talk show host Sean Hannity (L) interviews U.S. President Donald Trump before a campaign rally at the Las Vegas Convention Center on September 20, 2018 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)

On Friday's episode of Premiere Radio Networks' The Sean Hannity Show, the host claims that Trump being sent to jail would not necessarily be a road block of any kind in terms of him deciding to run for president in 2024. 

Going over possible scenarios for what's to come, Hannity says "What do you think the next thing that happens here is, do you think that they would try and indict the former president in the hopes of convicting him and having him in jail at the time of the next election to prevent him from running . . . Because a conviction by the way, constitutionally, would not prevent him from running for office."

Following the FBI's raid of Mar-a-Lago to search for sensitive documents that Trump took from the White House, Marc Elias, top lawyer for Hillary Clinton's 2016 presidential campaign, tweeted "The media is missing the really, really big reason why the raid today is a potential blockbuster in American politics." Included with Elias' tweet is the image of a document detailing U.S. Code Title 18, Section 2071, which states that anyone "having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States." 


Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.


But Hannity seems to have other thoughts on the matter.

"You know, this code that is being cited by Marc Elias and all these other people negates the very enumerated qualifications in the Constitution, and the specific requirements for somebody not to be eligible to run, and that would be impeachment and conviction," Hannity said during Friday's show. "It doesn't mention anything about being, you know, maybe not following every single dotted 'I' and crossed 't' in the Presidential Records Act of the National Archives Act."

Listen to a clip from the episode here.


By Kelly McClure

Kelly McClure is Salon's Nights and Weekends Editor covering daily news, politics and culture. Her work has been featured in Vulture, The A.V. Club, Vanity Fair, Cosmopolitan, Nylon, Vice, and elsewhere. She is the author of Something is Always Happening Somewhere.

MORE FROM Kelly McClure


Related Topics ------------------------------------------

Aggregate Sean Hannity Trump