Critics of Donald Trump may be disappointed by the outcome of whatever happens in New York.

Although history has been made with Trump being the first former President to be criminally indicted, and he will turn himself in for arraignment on Tuesday – it’s not the “get out of Trump free” card many critics hope.

Because even if he’s convicted, he won’t be disqualified from running for and regaining the White House.

Richard Hasen, an election law professor at UCLA Law School told TIME Magazine, “There is no constitutional bar on a felon running for office. And given that the U.S. constitution sets presidential qualifications, it is not clear that states could add to them, such as by barring felons from running for office.”

If he were to be charged with federal crimes and was elected President, Trump could theoretically pardon himself. State charges are different, however, and that’s what he faces with the hush money cash in New York. But even if the case results in Trump being declared guilty, and even if he is sent to prison (unlikely), he could still technically run his campaign from prison. And even perhaps serve as President from prison.

The fact that there’s no vehicle preventing a felon convicted of serious crimes from becoming president is something constitutional law scholars have called “embarrassing.” But regardless of feelings on the topic, the law is the law. It may be murky, but it’s not going to stop Trump from re-entering the White House in 2024 even if nothing works in his favor in the court.

There is only one way to prevent Trump from running – and that’s if Congress invokes the 14th Amendment, which bars anyone from the Presidency who has “engaged in insurrection or rebellion” or “given aid or comfort” to enemies of the U.S. after having taken an oath to support the Constitution. But that won’t happen through the courts, and seems vanishingly unlikely.

But there’s one point in the favor of Trump critics – the case does prove, if nothing else, that no one is above the law.