The conviction of President Donald Trump on all 34 counts of the Hush Money Case in New York has left us with more questions than answers. The main questions center around jail time for an ex-president and how it affects his campaign for a second term.
By all accounts, jail time does not seem like a possibility. This is his first offense, it is nonviolent, and the insanity of locking up a president may even go beyond what the Democratic deem acceptable. However, if Trump were to serve time it still would not bar him for running for president. Legally he still has the right, and also, it’s been done before.
Even though Trump does have an appeal, he is currently considered a convicted felon, but constitutionally that does not preclude him from running again. If Trump were to lose his Jan. 6 trial, then the 14th Amendment clause of being “engaged in insurrection” that would be a different story.
With the Trump hush money case, Republicans are claiming that this conviction is all part of a conspiracy to keep Trump from the presidency, and Democrats claim it’s about rule of law. Both can be true at the same time.
However, in 1918 a Democratic president actually did jail a future contender.
The election year was 1920 and the Socialist candidate was Eugene Debs. While the Socialist Party was not a major party, it was one of the most popular third parties ever—second only to the Populist Party a few years earlier.
Debs ran for President in 1912 and won about 6% of the popular vote—mostly taken from Democratic candidate Woodrow Wilson, who only garnered 41% of the popular vote.
America declared war on Germany in 1917. That year Congress passed the Espionage Act making it illegal to act in any way which hindered the war effort. In 1918 Wilson signed the Sedition Act outlawing “disloyal, profane, scurrilous or abusive language” about the government, president or the war.
In many ways these acts were targeted at Socialists, even though their numbers had waned in recent years as the Democrats had stolen much of their thunder. Yet WWI had brought them charging back as it was seen as a capitalists’ war where the workers would suffer the most deaths.
In spite of the Sedition Act, on June 18, 1918, Debs gave a speech at Canton, Ohio, condemning America’s involvement in the war. He claimed it was a capitalist war that exploited workers for the wealthy elite. Debs said, “Wars throughout history have been waged for conquest and plunder.”
He urged listeners to resist conscription and reject the war, advocating for a socialist future where the working class could rise and take control of their destinies. He was arrested after the speech and given a 10-year sentence.
Debs had already run for president three times, the last time being 1912. He ran for Congress in 1916 allowing another Socialist to run for president instead, but he decided he needed to try once again in 1920. At their national convention the Socialists Party announced that “Convict 2253” would represent their party. Debs faced many uphill battles.
Not only was he in prison and represented a third party, but the national attitude had changed by 1920.
The country was coming off three liberal progressive presidents who had greatly empowered the government and whose beliefs culminated in WWI. Republican nominee Warren G. Harding ran on the “Return to Normalcy” platform—something America was craving.
Debs was also hampered by losing his greatest weapon: his voice. A powerful speaker, Debs could capture audiences, but unlike his competitors he would not be allowed to hit the campaign trail. Harding became famous for what Republicans called his “front porch” campaign where he gave speeches to crowds gathered at his home. The Socialist response was to call Deb’s campaign the “Front Cell” campaign.
In or out of prison Debs had no chance in this election.
He only received around 3% of the vote. By the next election his party would not even get 1%.
Debs would not complete his entire sentence. When the war and the Sedition Act ended, many asked Wilson to pardon Debs. Wilson refused. Yet after Harding took over the White House, he commuted his sentence to time served. Debs left the Atlanta prison to the cheers of hundreds and was greeted by thousands at his home in Indiana. Along the way he made a stop to the White House where Harding wanted to meet him. At his height Debs only received 6% of the vote, but his party was influential in politics and labor.
While he is mostly forgotten today, Debs does hold the title of as the only person to run for president from prison— at least so far.
James Finck is a professor of history at the University of Science and Arts of Oklahoma. He may be reached at Historically -Speakingl 776@gmail.com.
