What Secret Service will do if Donald Trump is jailed in hush money case

Former president Donald Trump’s first criminal trial– for the alleged payment of hush money– is underway in New York. For the first time in the history of the United States, a former president going to prison seems like a realistic possibility.

This unprecedented situation has prompted the US Secret Service, charged with the security of all former and current presidents, to plan out their course of action in case he is jailed or held.

We explain how the agency is looking to adapt its protocols to potentially operate within the confines of the penal system.

Legal obligations of the Secret Service

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Under federal law, the Secret Service, one of the US’ oldest federal law enforcement agencies, is mandated to protect former presidents. A former president in prison would be no exception.

This legal directive compels the Secret Service to accompany Trump at all times. In other words, in case he is sent to jail, some Secret Service agents will have to be with Trump to fulfil the agency’s role under the restrictive and highly controlled conditions of a prison environment.

Secret Service planning for an unprecedented situation

Reports from CNN and New York Times suggest that Secret Service officials are actively engaged in strategic discussions to devise a detailed security plan tailored to Trump’s potential periods of confinement.

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Being fully prepared for any contingency is crucial, given that there is barely any precedent for such a situation. There is little in the way of past experience for the agency to rely on. Not just that, there is also no state or federal prison in the US that has dealt with this situation before.

Presently, they are reportedly planning on how to protect Trump in various judicial and penal environments, from temporary custody at courthouses to long-term prison placements.

The agency’s efforts will likely involve integrating state-of-the-art technology and protective intelligence to adapt to the unique requirements of these settings. Officials are exploring the logistics of ensuring Trump’s safety, including the movement between facilities, interactions with other individuals, and day-to-day activities in confinement. These plans are crucial for addressing the numerous logistical and security challenges that could arise during incarceration.

It is interesting to note that although the Secret Service has never protected an imprisoned former president, they have had experience providing security to leaders even in war zones.

How security will work if Trump is jailed

In the event of Trump’s incarceration, the Secret Service is considering using less populated or currently unused parts of prison facilities to create a controlled environment that can be secured more effectively. Discussions have highlighted the possibility of adapting closed sections of prisons specifically for high-profile detainees like Trump, ensuring isolation from the general prison population to minimise risks.

The agency would oversee stringent security measures, including the screening of food, personal items, and any interaction with other individuals. A continuous security detail would likely involve a rotating team of agents stationed inside or adjacent to the facility to maintain constant vigilance.

Moreover, there are likely to be some exceptions for the Secret Service agents. For instance, although carrying firearms inside prisons is not allowed, the agents will still have weapons on them at all times to protect Trump if need be.

So far, there are very few details about the planning that have been revealed. “For all settings around the world, we study locations and develop comprehensive and layered protective models that incorporate state-of-the-art technology, protective intelligence and advanced security tactics to safeguard our protectees. Beyond that, we do not comment on specific protective operations,” the New York Times quoted a statement from the agency as saying.

Low chance of Trump being jailed

While the Secret Service’s preparations are detailed and thorough, the likelihood of Trump being incarcerated is actually not very high. It will depend on a series of legal battles and judicial decisions.

Should Trump be convicted, there is expectation of a lengthy appeals process, going all the way up to the Supreme Court. That would potentially delay his incarceration by several months. Moreover, although imprisonment is on the table for a criminal case, there are other factors at play that make it unlikely.

For instance, Trump is a first-time offender and his age could influence judicial discretion. Moreover, alternatives such as probation or home confinement.