Uncharted Territory: How Trump's Lifetime Secret Service Protection Could Affect Potential Prison Sentence

Former President Donald Trump pleaded not guilty on Thursday to four federal charges related to his alleged efforts to overturn the 2020 presidential election results. If convicted, Trump’s status as an ex-president entitled to lifetime Secret Service protection, could trigger a complex political and logistical puzzle.

What Happened: Some current and former U.S. officials suggest his situation could determine whether he goes to prison and how his imprisonment might be handled, according to the Washington Post.

Chuck Rosenberg, a former top federal prosecutor, commented on the possibility of Trump facing prison, stating, "Theoretically, yes and practically, no." The scenario of a former president being incarcerated presents "enormous and unprecedented logistical issues," Rosenberg told the Post.

Meanwhile, the U.S. Secret Service remains silent on the matter. "The Secret Service does not have a comment or response, only because there is no such policy or procedure that currently exists," agency spokesman Anthony Guglielmi said to WaPo.

Related: Trump Pleads Not Guilty To All Charges In Jan. 6 Case, Calls It A ‘Very Sad Day For America’

Despite the lack of precedent, former and current Secret Service agents believe the agency would maintain some form of 24/7 protection to an imprisoned former president.

Jonathan Wackrow, a former Secret Service agent and now COO for Teneo Risk, said, “Unless there are changes in legislation or the former president waives protection, the U.S. Secret Service would likely maintain a protective environment around the president in accordance with their current practices."

This would include coordinating with the Federal Bureau of Prisons to avoid conflicts and maintain security around Trump, even inside a prison.

The potential for Trump to serve time in prison is politically controversial. The charges he faces could lead to a significant sentence, but judges rarely apply maximum penalties to first-time offenders and rarely stack sentences.

Former federal prosecutor Thomas Durkin, who now teaches national security law at Loyola University Chicago, said, "Without question, if it were anyone else [but Trump], prison would be a certainty." However, he emphasized that the Secret Service protection issue was both novel and complex, and could theoretically influence the decision.

The conditions of confinement could also affect the sentence imposed.

Retired federal judge and Harvard Law School professor Nancy Gertner said, “While it is unusual … the complexity of the conditions of confinement could have an impact on the sentence a judge imposes.”

Past situations have allowed for accommodations when the Secret Service handed off security duties, suggesting potential alternatives to a traditional prison sentence.

In any case, if Trump does end up convicted on the charges, investors may want to keep an eye on prison stocks like Corecivic Inc CXW and Geo Group Inc GEO.

Read next: Chris Christie Defends Special Counsel’s Probe Into Trump: ‘Don’t Really Think There’s Anything Political’

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