If Trump is Jailed, What Happens to The Secret Service Detail with Him?
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| The Secret Service is legally required to protect current and former presidents. But none have ever faced the prospect of incarceration.Erin Schaff/The New York Times |
The U.S. Secret Service is in the business of protecting the president, whether he’s inside the Oval Office or visiting a foreign war zone.
But protecting a former president in prison? The prospect is unprecedented. That would be the challenge if Donald J. Trump — whom the agency is required by law to protect around the clock — is convicted at his criminal trial in Manhattan and sentenced to serve time.
Even before the trial’s opening statements, the Secret Service was in some measure planning for the extraordinary possibility of a former president behind bars. Prosecutors had asked the judge in the case to remind Mr. Trump that attacks on witnesses and jurors could land him in jail even before a verdict is rendered.
(The judge, who is holding a hearing Tuesday to discuss whether Mr. Trump should be held in contempt for violating a gag order, is far more likely to issue a warning or impose a fine before taking the extreme step of jailing the 77-year-old former president.)
Last week, as a result of the prosecution’s request, officials with federal, state, and city agencies had an impromptu meeting about how to handle the situation, according to two people with knowledge of the matter.
That behind-the-scenes conversation — involving officials from the Secret Service and other relevant law enforcement agencies — focused only on how to move and protect Mr. Trump if the judge were to order him briefly jailed for contempt in a courthouse holding cell, the people said.
The Criminal Trial of Donald Trump in Manhattan
A historic trial begins. Donald Trump, who faces 34 felony counts of falsifying business records in the first degree to cover up a sex scandal, is on trial in Manhattan. He is the first former U.S. president to be criminally prosecuted. Here are answers to some key questions about the case:
What is Trump accused of? The charges trace back to a $130,000 hush-money payment that Trump’s fixer, Michael Cohen, made to the porn actress Stormy Daniels in 2016 to suppress her story of a sexual liaison with Trump in 2006. While serving as president, Trump reimbursed Cohen, and how he did so constituted fraud, prosecutors say.
Why did prosecutors cite other hush-money payments? Although the charges relate to the payment to Daniels, Alvin Bragg, the Manhattan district attorney, is expected to highlight two other hush-money deals. Prosecutors say that the deals show that Trump had orchestrated a wide-ranging scheme to influence the 2016 presidential election.
Who will the key witnesses be? Cohen is expected to be a crucial witness for prosecutors. Bragg is also expected to call David Pecker, the former publisher of The National Enquirer, as well as Hope Hicks, a former Trump aide, to shed light on the tumultuous period surrounding the payments. Trump said he plans to testify in his own defense.
Who is the judge? Juan Merchan, the judge, is a veteran of the bench known as a no-nonsense, drama-averse jurist. During the trial, Justice Merchan will be in charge of keeping order in the courtroom and ruling on objections made by prosecutors and Trump’s lawyers. The jury will decide whether Trump is guilty.
What happens if Trump is convicted? The charges against Trump are all Class E felonies, the least severe felony category in New York. If convicted, Trump faces a prison sentence of four years or less, or he could receive probation.
How is The New York Times covering the trial? The Times will provide comprehensive coverage of the trial, which is set to last six to eight weeks. Expect live updates from the courtroom in Manhattan, daily takeaways, explainers, and analysis from our reporting team.
The far more substantial challenge — how to safely incarcerate a former president if the jury convicts him and the judge sentences him to prison rather than home confinement or probation — has yet to be addressed directly, according to some of a dozen current and former city, state and federal officials interviewed for this article.
That’s at least in part because if Mr. Trump is ultimately convicted, a drawn-out and hard-fought series of appeals, possibly all the way up to the U.S. Supreme Court, is almost a certainty. That would most likely delay any sentence for months if not longer, said several of the people, who noted that a prison sentence was unlikely.
But the daunting challenge remains. And not just for Secret Service and prison officials, who would face the logistical nightmare of safely incarcerating Mr. Trump, who is also the presumptive Republican nominee for President.
“Obviously, it’s uncharted territory,” said Martin F. Horn, who has worked at the highest levels of New York’s and Pennsylvania’s state prison agencies and served as commissioner of New York City’s correction and probation departments. “Certainly no state prison system has had to deal with this before, and no federal prison has had to either.”
What to Know About Our Coverage of the Trump Trial
Expect live updates from the courtroom, daily takeaways, explainers, and analysis. Learn how our reporting team has prepared for the trial and the precautions we have taken to protect the safety and anonymity of the jurors.
Anthony Guglielmi, the spokesman for the Secret Service in Washington, declined in a statement to discuss specific “protective operations.” But he said that federal law requires Secret Service agents to protect former presidents, adding that they use state-of-the-art technology, intelligence, and tactics to do so.
Thomas J. Mailey, a spokesman for New York State’s prison agency, said his department couldn’t speculate about how it would treat someone who has not yet been sentenced, but that it has a system “to assess and provide for individuals’ medical, mental health and security needs.” Frank Dwyer, a spokesman for the New York City jails agency, said only that “the department would find appropriate housing” for the former president.
The trial in Manhattan, one of four criminal cases pending against Mr. Trump and possibly the only one that will go to a jury before the election, centers on accusations he falsified records to cover up a sex scandal involving a porn star. The former president is charged with 34 counts of felony falsifying business records. If convicted, the judge in the case, Juan M. Merchan, could sentence him to punishments ranging from probation to four years in state prison, though for a first-time offender of Mr. Trump’s age, such a term would be extreme.
If Mr. Trump is convicted, but elected president again, he could not pardon himself because the prosecution was brought by New York State.
Under normal circumstances, any sentence of one year or less, colloquially known as “city time,” would generally be served on New York City’s notorious Rikers Island, home to the Department of Correction’s seven jails. (That’s where Mr. Trump’s former chief financial officer, Allen H. Weisselberg, 76, is currently serving his second five-month sentence for crimes related to his work for his former boss.)
Any sentence of more than a year, known as state time, would generally be served in one of the 44 prisons run by New York State’s Department of Corrections and Community Supervision.
The former president could also be sentenced to a term of probation, raising the bizarre possibility of the former commander-in-chief reporting regularly to a civil servant at the city’s Probation Department.
He would have to follow the probation officer’s instructions and answer questions about his work and personal life until the term of probation ended. He would also be barred from associating with disreputable people, and if he committed any additional crimes, he could be jailed immediately.
Maggie Haberman contributed reporting.
William K. Rashbaum is a Times reporter covering municipal and political corruption, the courts, and broader law enforcement topics in New York. More about William K. Rashbaum
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