June 9, 2023 3:41PM # Statement on Trump Indictment By [Clark Neily](https://www.cato.org/people/clark-neily) --- SHARE Reports that Donald Trump has been indicted on federal charges of mishandling classified documents, obstruction of justice, and conspiracy raise a host of mind-boggling questions, including whether it is possible for someone to run for president while incarcerated, whether a newly elected president can pardon himself, and whether President Biden will, in order to avoid the spectacle of the federal government prosecuting a declared presidential candidate during an election, pardon Trump preemptively. Other questions include whether prosecutors can induce Trump to—as the vast majority of defendants do—waive his right to a public jury trial and plead guilty (doubtful), whether the case will be televised if it goes to trial (also doubtful—and shameful), and whether prosecutors can secure a unanimous guilty verdict from a jury in Southern Florida, where prosecutions of public figures are notoriously difficult. Regardless of how the prosecution ultimately plays out, it will likely represent a stress test both for the criminal justice system and constitutional provisions that have rarely—if ever—been explored or invoked. Buckle up—it’s going to be a wild ride. ##### Related Tags [Constitution and Law](https://www.cato.org/constitution-law), [Constitutional Law](https://www.cato.org/constitutional-law) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).