# DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024)

**URL:** <https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [November 23, 2022, 8:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455 "2022-11-23T20:14:01Z")\
**Posts on this page:** 20\
**Page:** 117

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [March 28, 2024, 5:34pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2324 "2024-03-28T17:34:00Z")

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> [@kay1864](#):
>
> But they still have to follow federal guidelines. I just don’t know what those guidelines are in a situation like this.

Neither do I, this is a total WAG to me.

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**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\
**Post date:** [March 28, 2024, 5:34pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2325 "2024-03-28T17:34:26Z")

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> [@kay1864](#):
>
> federal judges normally takes one to two months before announcing sentencing.

That’s to allow time for the Pretrial Services and Probation office to do what’s called a [Presentence Report](https://www.txwp.uscourts.gov/presentence-report/index.html) which will help the judge decide what sentence to impose. Plenty of detail on the process at the link.

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**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 5:35pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2326 "2024-03-28T17:35:46Z")

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> [@Atamasama](#):
>
> Sorry if my words offended you

Not offended per se, just not germane, and to me also intrinsically uncivil and unnecessary.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [March 28, 2024, 5:36pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2327 "2024-03-28T17:36:37Z")

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> [@kay1864](#):
>
> But they still have to follow federal guidelines. I just don’t know what those guidelines are in a situation like this.

I could be wrong, but I don’t think there are any “guidelines” for federal judges on this issue. The DOJ might have guidelines for what they recommend. None that would really impede the Judge’s discretion.

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**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 5:46pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2328 "2024-03-28T17:46:16Z")

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> [@Procrustus](#):
>
> None that would really impede the Judge’s discretion.

This atheist is currently praying daily for TFG’s quick imprisonment 😁

As I mentioned, flight risk\* would to me indicate immediate custody after conviction. OTOH we’re sort of used to high-profile felons being free while waiting on their appeal.

- I’ve seen more than one pundit, even progressive ones, saying that TFG isn’t a flight risk, because he’s so visible, and that the Secret Service would not participate in such an illegal act. But he still has his plane (until it belongs to the state of New York), and we already know there’s a few MAGA agents (see Mobile phones, erasure of).

So… Yeah, I think he’s a flight risk.

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<div class="post-metadata">

**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [March 28, 2024, 5:56pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2329 "2024-03-28T17:56:17Z")

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> [@kay1864](#):
>
> So… Yeah, I think he’s a flight risk.

Totally agreed. I am guessing that there is a point where Trump will realize he’s actually going to face real consequences and at that point he’ll panic. He has the resources to run and hide and I have a feeling he will find help in doing that.

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**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 5:57pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2330 "2024-03-28T17:57:31Z")

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> [@Procrustus](#):
>
> The judge certainly has the power to order him remanded to custody when the jury convicts.

I just thought of another wrinkle (I think there’s a Trump in prison thread that touches on this issue). Federal prison officials will likely have to construct an addition to an existing prison, since he won’t be allowed by the Secret Service to mingle with general population. They could probably construct (or retrofit) something within the two months or so that the judge is determining the sentence, but I can’t see them doing it two months ahead of the conviction.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [March 28, 2024, 5:59pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2331 "2024-03-28T17:59:30Z")

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> [@kay1864](#):
>
> 1. Then, unless there’s a rogue Trump juror (unlikely due to DC jury pool and voir dire, but yeah, remotely possible), jury returns a verdict of guilty, by October.
> 2. Why guilty? Because we already know his defense is weak (“client was exercising his First Amendment rights”)
> 3. That means his appeal will also be weak
> 4. Therefore… Per Federal DOJ rules, once Chutkan announces the sentence . . .

I don’t see time for the [presentence investigation](https://www.paep.uscourts.gov/presentence-investigation).

I personally feel that VIP status should not change where the sentence is served. But it does make for greater complexity in tasks like this:

[Although the primary purpose of the presentence report is to assist the Court in its sentencing function, the report is also a valuable resource to the Bureau of Prisons. This includes determining which institution the offender will serve his/her sentence, select prison programs that are appropriate, and make release plans.](https://www.paep.uscourts.gov/presentence-investigation)

It would take time for the Bureau of Prisons and the Secret Service to coordinate their plans. And all during that time, Trump will be saying that his sentence should be/will be probation due to the Secret Service angle, and no one will be able to say for sure that he is wrong.

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**Author:** ![chappachula](https://avatars.discourse-cdn.com/v4/letter/c/d2c977/32.png) [@chappachula](https://boards.straightdope.com/u/chappachula)\
**Post date:** [March 28, 2024, 6:00pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2332 "2024-03-28T18:00:38Z")

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> [@kay1864](#):
>
> … Yeah, I think he’s a flight risk.

Even if Trump does flee in his private plane to Russia…that would be good enough punishment to satisfy me.

And, more importantly–sitting in a luxury dacha in Russia would be just as effective as sitting in Mar a lago with an ankle monitor , for achieving the most important goal: removing Trump from American politics.

But we are putting the cart WAY before the horse. As if now, Trump still has a good chance of sitting in the White House. The dacha can wait.

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<div class="post-metadata">

**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 6:02pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2333 "2024-03-28T18:02:37Z")

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> [@PhillyGuy](#):
>
> I don’t see time for the [presentence investigation](https://www.paep.uscourts.gov/presentence-investigation)

See #8. I believe that’s why there’s normally one to two months. I didn’t mean to imply that the judge would announce sentence immediately after conviction.

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**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 6:03pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2334 "2024-03-28T18:03:41Z")

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> [@PhillyGuy](#):
>
> And all during that time, Trump will be saying that his sentence should be/will be probation due to the Secret Service angle

You forgot to say “Convicted Felon Trump” 😁

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<div class="post-metadata">

**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 6:07pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2335 "2024-03-28T18:07:23Z")

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> [@PhillyGuy](#):
>
> It would take time for the Bureau of Prisons and the Secret Service to coordinate their plans

I believe I read (sorry, can’t remember where) a quote from a Federal prison official that this would not be an insurmountable problem. A small addition (just for him) to an existing prison, or even using an abandoned naval base in Jacksonville, for example.

I think there’s more detail in the Trump in prison thread.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [March 28, 2024, 6:09pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2336 "2024-03-28T18:09:24Z")

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> [@kay1864](#):
>
> > [@PhillyGuy](#):
> >
> > I don’t see time for the [presentence investigation](https://www.paep.uscourts.gov/presentence-investigation)
> 
> See #8. I believe that’s why there’s normally one to two months. I didn’t mean to imply that the judge would announce sentence immediately after conviction.

Sorry – missed that.

I do think that a Trump pre-sentencing investigation requires more work and time than normal, either at the state or federal level, unless someone was deliberately speeding it up to finish before the election. And I do not think they would deliberately speed it up. Sounds too close to election interference.

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**Author:** ![Chisquirrel](https://avatars.discourse-cdn.com/v4/letter/c/6bbea6/32.png) [@Chisquirrel](https://boards.straightdope.com/u/Chisquirrel)\
**Post date:** [March 28, 2024, 6:16pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2337 "2024-03-28T18:16:17Z")

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> [@kay1864](#):
>
> A small addition (just for him) to an existing prison, or even using an abandoned naval base in Jacksonville, for example.

There’s a wonderful federal prison in southern Colorado that already secludes prisoners from each other, and works wonderfully for traitors to the nation. No need to worry about an abandoned naval base or any additions when ADX Florence exists. Bonus of being incredibly secure to prevent Trump’s cult from attempting to rescue him.

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<div class="post-metadata">

**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\
**Post date:** [March 28, 2024, 6:26pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2338 "2024-03-28T18:26:12Z")

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I would just love to see Trump in the next cell to any one of these guys:

> **[ADX Florence | Notable current inmates](https://en.m.wikipedia.org/wiki/ADX_Florence#Notable_current_inmates)**
>
> This list contains foreign citizens who committed or attempted to commit terrorist attacks against United States citizens and interests. All sentences are without parole.

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<div class="post-metadata">

**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [March 28, 2024, 6:31pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2339 "2024-03-28T18:31:25Z")

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> [@kay1864](#):
>
> Federal prison officials will likely have to construct an addition to an existing prison, since he won’t be allowed by the Secret Service to mingle with general population.

If a second Biden administration signed off on this, it would show the Democrats to be the kings of wasteful spending.

Trump is an old man without a history of physical violence. He would be fine in a well-run low security setting.

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<div class="post-metadata">

**Author:** ![Chisquirrel](https://avatars.discourse-cdn.com/v4/letter/c/6bbea6/32.png) [@Chisquirrel](https://boards.straightdope.com/u/Chisquirrel)\
**Post date:** [March 28, 2024, 6:34pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2340 "2024-03-28T18:34:06Z")

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They have roughly 100 empty cells. Could probably keep him in his own block. You know, for his security. Just imagine him in one random cell in the middle of a lone of empty ones, yelling at the clouds that are the only things he can see out of his tiny window.

> [@PhillyGuy](#):
>
> Trump is an old man without a history of physical violence. He would be fine in a well-run low security setting.

While true, his supporters are not.

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<div class="post-metadata">

**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [March 28, 2024, 6:34pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2341 "2024-03-28T18:34:11Z")

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> [@Atamasama](#):
>
> He has the resources to run and hide and I have a feeling he will find help in doing that.

I have to say, I would LOVE to see that. I would also pay Dog the Bounty Hunter to go after him on live TV. In my wildest fantasy, Trump is found hiding in a hole under some plywood, filthy and disheveled, and is brought back in cuffs.

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<div class="post-metadata">

**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [March 28, 2024, 6:51pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2342 "2024-03-28T18:51:52Z")

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> [@PhillyGuy](#):
>
> He would be fine in a well-run low security setting.

If you’ve seen Orange is the New Black, that’s what most minimum security prisons look like. Cubicles, not cells. Secret Service would not allow it. Hence the need for a separate section, or his own naval base.

[https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcQNM74qvNV7hDNQbhW\_mvN2b7g9g34Mi1-Per\_BGFtboA&s](https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcQNM74qvNV7hDNQbhW_mvN2b7g9g34Mi1-Per_BGFtboA&s)

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<div class="post-metadata">

**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\
**Post date:** [March 28, 2024, 6:59pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2343 "2024-03-28T18:59:00Z")

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> [@kay1864](#):
>
> Secret Service would not allow it.

The Secret Service might complain, but could they actually prevent it from happening?

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