The U.S. Secret Service is known for protecting the president, whether in the White House or a foreign conflict zone. But what happens if a former president is sentenced to prison? This unprecedented scenario could become a reality if Donald J. Trump, currently under trial in Manhattan, is convicted and given a prison sentence. This raises the question: can Trump go to jail?
Planning for the Unthinkable
Before the trial began, the Secret Service started planning for the extraordinary possibility of a former president being incarcerated. Prosecutors asked the judge to remind Trump that any threats against witnesses or jurors could lead to immediate jail time, even before the trial concludes.
During a recent hearing, the judge considered whether Trump should be held in contempt for violating a gag order. While a warning or fine is more likely, the possibility of jailing the 77-year-old former president remains.
Coordination Among Law Enforcement Agencies
Following the prosecution's request, officials from federal, state, and city agencies, including the Secret Service, had an impromptu meeting. They discussed how to handle the situation if the judge ordered Trump to be jailed for contempt. But, the more significant challenge—how to incarcerate a former president if convicted—has not been addressed.
Appeals and Delays
If Trump is convicted, a lengthy series of appeals is almost certain, reaching the U.S. Supreme Court. This process could delay any prison sentence for months, if not longer. Many officials believe that a prison sentence for Trump is unlikely, but the challenge remains.
Martin F. Horn, a former commissioner of New York City’s correction and probation departments, describes the situation as "uncharted territory." No state or federal prison system has ever dealt with this before.
Protecting a Former President in Prison
If Trump is sentenced to prison, protecting him would involve keeping him separate from other inmates and screening his food and personal items. A detail of Secret Service agents would work around the clock, rotating in and out of the facility. Although firearms are prohibited in prisons, the agents would still be armed.
Several New York state prisons and city jails have been closed or closed, leaving sections available to accommodate Trump and his protective detail.
Secret Service's Preparedness
Anthony Guglielmi, the Secret Service spokesman, declined to discuss specific protective operations. But, he emphasized that federal law requires the agency to protect former presidents, using advanced technology, intelligence, and tactics.
Thomas J. Mailey, a spokesman for New York State’s prison agency, stated that they couldn't speculate on how they would handle someone not yet sentenced. Frank Dwyer, a spokesman for New York City jails, said they would find appropriate housing for Trump.
The Manhattan Trial
The trial in Manhattan, one of four criminal cases against Trump, could be the only one reaching a jury before the election. Trump faces 34 counts of felony falsifying business records related to covering up a sex scandal. If convicted, Judge Juan M. Merchan could sentence him to probation or up to four years in state prison. For a first-time offender of Trump's age, such a term would be extreme.
Prison, Probation, or Something Else?
If Trump is convicted but elected president again, he could not pardon himself due to the state-level prosecution. A sentence of one year or less would be served on New York City’s Rikers Island. A sentence of more than a year would be served in one of the 44 prisons run by New York State’s Department of Corrections.
Trump could also receive probation, which would involve regular check-ins with a probation officer and adherence to specific rules. Violating these rules could lead to immediate jail time.
Can Trump Go to Jail?
The question of "Can Trump go to jail" remains uncertain. While the legal and logistical challenges are immense, the Secret Service and other law enforcement agencies are preparing for all possibilities. The outcome of Trump's trial and any later appeals will determine whether a former president will face the unprecedented reality of incarceration.