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 extraordinary 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 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 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 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 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.”
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 several 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.
Anthony Guglielmi, the spokesperson 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 spokesperson 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 spokesperson 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 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.
If 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 Trump’s former chief financial officer, Allen Weisselberg, 76, is 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.
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