What happens if Biden, his VP pick(s) , or potential cabinet nominees are under federal indictment?

To be Constitutionally eligible to serve as the nation's vice president, a person must, according to the Twelfth Amendment, meet the eligibility requirements to become president (which are stated in Article II, Section 1, Clause 5). Thus, to serve as vice president, an individual must:

be a natural-born U.S. citizen;

be at least 35 years old;

be a resident in the U.S. for at least 14 years.

A person who meets the above qualifications is still disqualified from holding the office of vice president under the following conditions:

Under Article I, Section 3, Clause 7, upon conviction in impeachment cases, the Senate has the option of disqualifying convicted individuals from holding federal office, including that of vice president;

Under Section 3 of the Fourteenth Amendment:

*no person who has sworn an oath to support the Constitution, who has later gone to war against the United States, or given aid and comfort to the nation's enemies can serve in a state or federal office—including as vice president.*

Under the Twelfth Amendment to the United States Constitution, "…no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."