If Trump goes to prison, the Secret Service could join him
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 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 possibility of a former president behind bars. Prosecutors had asked the judge in the case to remind Trump that attacks on witnesses and jurors could land him in jail even before a verdict is rendered.
(The judge, who held a hearing Tuesday morning to determine whether 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. It was not immediately clear when he would issue his ruling.)
Last week, as a result of the 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 Trump if the judge were to order him briefly jailed for contempt in a courthouse holding cell, the people said.
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 Trump is ultimately convicted, a drawnout 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 Trump, who is also the presumptive Republican nominee for president.
Protecting Trump in a prison environment would involve keeping him separate from other inmates, as well as screening his food and other personal items, officials said. If he were to be imprisoned, a detail of agents would work 24 hours a day, seven days a week, rotating in and out of the facility, several officials said. While firearms are obviously strictly prohibited in prisons, the agents would nonetheless be armed.
Former corrections officials said there were New York state prisons and city jails that have been closed or partly closed, leaving wings or large sections of their facilities empty and available. One of those buildings could serve to incarcerate the former president and accommodate his Secret Service protective detail.
The trial in Manhattan, one of four criminal cases pending against 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 actor. 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 Trump's age, such a term would be extreme.