This is the prevailing legal standard that would apply to Trump. The fact of his indictment and potential trial is irrelevant to his qualifications for office under the Constitution. Nevertheless, there seems no question that indictment, conviction or both – let alone a prison sentence – would significantly compromise a president’s ability to function in office. And the Constitution doesn’t provide an easy answer to the problem posed by such a compromised chief executive.

Garner was begging for his life and repeatedly said, "I can't breathe" when Pantaleo held him in a chokehold that even New York City Police Commissioner William Bratton called "disturbing" and characterized as a violation of police procedure. And even with all of it caught on video, there was no indictment. Which has prompted some elected officials who spoke with The Root to pinpoint the question of whether cameras are the solution.

With the Ferguson grand jury deciding not to bring charges against Ferguson police officer Darren Wilson for the slaying of Michael Brown, President Obama now finds himself faced with the same decision Bush Sr. had to make 22 years ago. The call has repeatedly gone out for U.S. Attorney General Eric Holder to bring civil rights charges against Wilson. He would not have moved as quickly as he did to assign a phalanx of FBI agents to the case, secure an independent autopsy of Brown’s death, and personally travel to the city to review procedures with civil rights attorneys and investigators without the personal approval of Obama. 

Brown’s death at the hands of police officer Darren Wilson, who was not indicted by a St. Louis grand jury on Monday, has become the focal point for a growing national movement to address allegations of police brutality and violence. Yet despite skepticism about police conduct in African-American and Latino communities -- reflected in viral hashtags like #HandsUpDontShoot -- there are no reliable statistics on how often police kill civilians of any race. 

President Obama, who addressed the nation Monday evening shortly after a grand jury announced that it declined to indict Darren Wilson for killing Michael Brown, said that while, “the decision was the grand jury’s to make,” disappointment and anger about the announcement “is an understandable reaction.” Obama echoed the calls of Michael Brown’s family who in recent days have called for peaceful protests following the grand jury’s decision.