# 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:** 118

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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, 7:03pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2344 "2024-03-28T19:03:11Z")

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> [@Pleonast](#):
>
> The Secret Service might complain, but could they actually prevent it from happening?

Absolutely. No judge can force a former president into a situation that they deem unsafe. But as mentioned above, it won’t even come close to that. This will be a coordinated effort between the Bureau of Prisons and the Secret Service.

_Potentially_, Congress could change the Protection Act (they’ve changed it twice in the past 30 years or so), to say that convicted felons are not entitled to Secret Service protection. But I seriously doubt that will happen before his incarceration, so we’re back to the original problem.

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**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, 7:06pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2345 "2024-03-28T19:06:44Z")

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> [@kay1864](#):
>
> This will be a coordinated effort between the Bureau of Prisons and the Secret Service.

Yes, this, but I don’t see the SS having “veto” power over the Bureau of Prisons. They’re both part of the Executive, under different Cabinet Secretaries, so it’d ultimately be decided by the President.

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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, 7:10pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2346 "2024-03-28T19:10:56Z")

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Delete, too long

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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, 7:19pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2347 "2024-03-28T19:19:03Z")

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> [@Pleonast](#):
>
> I don’t see the SS having “veto” power over the Bureau of Prisons

I’m pretty sure the Bureau doesn’t go and take him into custody. It would be US Marshals, or wherever the judge designates in the court. The Bureau only takes over once he’s inside the prison walls, but the Secret Service would still accompany him at all times (or safely monitor him in a manner they deem fit).

_Potentially_, we can have a showdown between US Marshals and the Secret Service refusing the Marshals taking him into custody, because they don’t feel the prison setup is safe. Realistically, all of this will be worked out in advance to the satisfaction of both sides. My estimate is that the bureau will initiate construction/retrofit details, and the Secret Service will sign off (or not) at each stage of the discussion, until they have a solution.

And of course the judge will be aware of this progress, and timing.

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [March 28, 2024, 7:28pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2348 "2024-03-28T19:28:15Z")

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I can’t see how it wouldn’t be some sort of house arrest with severe restrictions on outside communication.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [March 28, 2024, 8:11pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2349 "2024-03-28T20:11:49Z")

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> [@kay1864](#):
>
> You forgot to say “Convicted Felon Trump” 😁

I will be saying that as often as they said ‘Notorious Mass Murderer Sirius Black’ in the Harry Potter movies.

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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, 8:17pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2350 "2024-03-28T20:17:37Z")

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> [@hajario](#):
>
> I can’t see how it wouldn’t be some sort of house arrest with severe restrictions on outside communication.

Partly because the people he incited to storm the Capitol have received multi-year sentences, partly because of the “slap on the wrist” message this sends to the American public for someone convicted of a felony (conspiracy to defraud the country with the goal of overturning a presidential election, to name but one), and partly because this judge has said he’s not getting special treatment. Which he absolutely should not, since right now he’s a criminal defendant. Not “former president criminal defendant”.

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**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\
**Post date:** [March 28, 2024, 9:13pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2351 "2024-03-28T21:13:28Z")

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> [@Pleonast](#):
>
> Yes, this, but I don’t see the SS having “veto” power over the Bureau of Prisons. They’re both part of the Executive, under different Cabinet Secretaries, so it’d ultimately be decided by the President.

My guess is that the Secret Service would just deputize the prison staff (who are already tasked with ensuring the safety of their charges) and call it good.

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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, 10:04pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2352 "2024-03-28T22:04:26Z")

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> [@Elmer\_J.Fudd](#):
>
> My guess is that the Secret Service would just deputize the prison staff (who are already tasked with ensuring the safety of their charges) and call it good.

Can’t happen. A, the Secret Service doesn’t ‘deputize’ people. B, they are sworn to protect the physical body of the president, current and former. Prison staff is nowhere near their level of protection.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [March 28, 2024, 10:15pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2353 "2024-03-28T22:15:54Z")

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_“Under the direction of the Secretary of Homeland Security, the United States Secret Service is authorized to protect former Presidents and their spouses for their lifetimes…”_

So, the Secretary of Homeland Security could simply terminate Trump’s Secret Service protection.

At the moment, I believe that would be Alejandro Mayorkas. I can’t think of a single reason that _he_ would have an axe to grind.

Nossir. Not a one.

Also …

The job of Trump’s Secret Service protection detail is to protect _him_ from the collective _us_.

The purpose of incarcerating him would be to protect the collective _us_ from _him_.

Those two things are not mutually exclusive. If they want to, they’ll figure it out. I think we’ve all heard **[Elba](https://www.history.com/this-day-in-history/napoleon-exiled-to-elba)** offered as a possibility.

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**Author:** ![Mollie\_Magill](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mollie_magill/32/20882_2.png) [@Mollie\_Magill](https://boards.straightdope.com/u/Mollie_Magill)\
**Post date:** [March 28, 2024, 10:57pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2354 "2024-03-28T22:57:53Z")

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St Helena would be better.

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**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, 11:05pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2355 "2024-03-28T23:05:55Z")

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Or the classic:

**Guantanamo Bay**

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<div class="post-metadata">

**Author:** ![Mollie\_Magill](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mollie_magill/32/20882_2.png) [@Mollie\_Magill](https://boards.straightdope.com/u/Mollie_Magill)\
**Post date:** [March 28, 2024, 11:57pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2356 "2024-03-28T23:57:33Z")

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NM. I’d forgotten which forum we’re in.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [March 29, 2024, 12:02am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2357 "2024-03-29T00:02:42Z")

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Moderating:

The last 30-odd posts in this thread are discussing prison options for Trump and are far off topic for the subject of this thread, which is the investigation and trial for Trump’s alleged participation in the January 6th insurrection. The trial must occur before any discussion of incarceration can properly take place. There are other threads to discuss Trump’s incarceration. Please take further discussion on this issue to those threads. They don’t belong in this one.

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**Author:** ![anny\_m](https://avatars.discourse-cdn.com/v4/letter/a/96bed5/32.png) [@anny\_m](https://boards.straightdope.com/u/anny_m)\
**Post date:** [March 29, 2024, 3:36am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2358 "2024-03-29T03:36:07Z")

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> [@Atamasama](#):
>
> There will be any number of events with large crowds that can be targeted. I don’t see any reason why the inauguration in particular would be the only concern.

Certainly not the only concern, but possibly the main concern. It’s pretty likely that at a Biden inauguration the vast majority of the crowd will be people who voted for him. Where else could a crazed Trump supporter shoot at random and be pretty sure to hit a number of libtards who had the effrontery to not vote for the anointed one?

In other words, it’s not the size of the crowd that would make the inauguration a target, but the makeup of the crowd.

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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 29, 2024, 4:20am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2359 "2024-03-29T04:20:55Z")

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> [@anny\_m](#):
>
> In other words, it’s not the size of the crowd that would make the inauguration a target, but the makeup of the crowd.

Still don’t buy it given the massive security presence at such an event. Recall that there were also concerns at the last one:

> **[Capitol siege raises security concerns for Biden inaugural](https://www.pbs.org/newshour/amp/politics/capitol-siege-raises-security-concerns-for-biden-inaugural)**
>
> The violent insurrection at the U.S. Capitol is intensifying scrutiny over security at the upcoming inauguration ceremony for President-elect Joe Biden that already has been reshaped by the pandemic and the prospect that President Donald Trump may...

But nothing happened. I would rather expect they’d pick a softer target.

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<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [March 29, 2024, 4:46am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2360 "2024-03-29T04:46:13Z")

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Moderating:

> [@anny\_m](#):
>
> Certainly not the only concern, but possibly the main concern. It’s pretty likely that at a Biden inauguration the vast majority of the crowd will be people who voted for him. Where else could a crazed Trump supporter shoot at random and be pretty sure to hit a number of libtards who had the effrontery to not vote for the anointed one?

> [@Atamasama](#):
>
> Still don’t buy it given the massive security presence at such an event. Recall that there were also concerns at the last one:

Please heed the mod note that just preceded both your posts. I understand this discussion arose organically, but it is rapidly becoming a hijack to the narrow topic of discussion for this thread. Please take further discussion about the next inauguration and possible outcomes relating to that to another thread.

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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 29, 2024, 4:49am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2361 "2024-03-29T04:49:54Z")

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> [@Aspenglow](#):
>
> Please heed the mod note that just preceded both your posts.

Sorry, I failed to check the post before the one on my notification which is entirely on me and not an excuse. Completely my fault.

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**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\
**Post date:** [March 29, 2024, 1:36pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2362 "2024-03-29T13:36:17Z")

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Perhaps I missed something up-thread but your list of assumptions does not include “Trump loses the election”. I’m cautiously optimistic that this will the case, especially if he was actually convicted but we are talking about the American electorate here. Or, in your scenario. doesn’t it matter who wins the election? If he is convicted, wins the election and is inaugurated, things will get very ugly.

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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 29, 2024, 2:32pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2363 "2024-03-29T14:32:05Z")

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> [@MikeF](#):
>
> Or, in your scenario. doesn’t it matter who wins the election?

In the short term, no it doesn’t, because this scenario assumes that the trial starts before the election, in which case it concludes before the inauguration. During all of that time, he is of course still a private citizen.

If he were in fact inaugurated 🤮, then we get into the extremely sticky issue of “Can a president pardon himself?”

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