I do not see a good realistic answer once the thread premise is accepted. Maybe there is one, but since I’m no fan of prisons and punishment, it’s hard for me to see. If Trump goes to prison in reasonably good health, there will be great difficulty in separating out his free speech rights from incitement.
I know what I’m against. I’m against departing from sentencing guidelines due to his being the ultimate VIP. So I’m against house arrest (except if normally allowed, as sometimes towards the end of sentence), just as I’m against vengeful ideas such as solitary confinement. I’m confident the Biden administration would not be vengeful.
If Donald Trump attempted to run a criminal conspiracy from prison, and it could be proven, his email/internet access should be withheld. But he’ll likely skate on the edge so that doesn’t happen.
I am also curious how a president runs things from prison, since it’s often said there’s nothing unconstitutional about someone being elected and being president even when behind bars.
He can’t get out and make speeches in public. For foreign dignitaries to make ‘state visits’ to the president in prison would be ridiculous. Every Congressional law would have to be brought to him in prison to sign in person.
There’s a low security prison near me that runs restaurant. I think it’s part of the training they offer. I haven’t been there. Maybe i ought to try it.
If he’s in prison when he takes office, the most important qualification he’ll have for a cabinet post is, “Will they refuse to use the 25th amendment?”
Hell, if he’s been inside long enough prior to taking office, I’d give good odds on him making some of his cellmates cabinet members. “Hey, Billy Methhead ran a successful business in a cut-throat marketplace, I think he’d do well as Secretary of Energy; everyone knows meth heads have lots of energy!”
I am already looking forward to the congressional hearings to confirm his candidates. Though I personally believe Billy Methhead would be better in charge of Medicaid and Medicare and not energy. Enzo “Gasguzzler” Petrolhead is the one you were probably thinking of.
I would absolutely take your average penitentiary inmate over the collection of facists and grifters that made up the last Trump administration. Hell, even your average Aryan Brotherhood inmate is probably to the left of Stephen Miller
So I’ve seem lots of postulation about the OP in this and other threads (“He’ll get house arrest”, “He’ll get solitary”, “They’ll imprison him in a remote military base” etc. etc.)
Does anyone know what the actual rules say? Who even decides where a convicted felon should go to prison? Is there a law or laws that decide which prison, and what kind of prison, a particular prisoner will get sent to? I’m fairly sure house arrest is not an option, unless there is a particularly favourable plea deal involved, but IANAL (or a corrections officer). Can a judge or whoever is in charge, just unilaterally say I’m gonna send this prisoner home with a tracking bracelet (or I’m gonna lock him up in the brig in a remote military base). Is the fact he may end up with multiple convictions a factor, e.g. if he is convicted in the hush money trial, gets a fairly light or non-custodial sentence, but is then convicted of more serious felonies in the DC Jan 6th trial, does that mean he he’s not eligible for a minimum security prison any more? And does the DA or director of Federal Bureau of prisons get a say, for federal prisoners at least (which could be relevant as both of those could be appointed by Trump come January, possibly from inside a prison)
In my experience, the Bureau of Prisons has almost complete discretion about where to house an inmate. Federal Judges have told me that they “can make a recommendation, but it’s up to BOP.”
Ah, yes, the old conundrum: would you rather fight malice or stupidity? As Schiller wrote in Die Jungfrau von Orleans: Mit (der) Dummheit kämpfen die Götter selbst vergebens that is, even Gods fight in vain against stupidity.
Not an easy choice.
Can confirm, from proofreading multiple Federal sentencing hearings for court reporters. The defendant can request a certain prison, for proximity to family, rehabilitative programs, medical facilities, etc., and the judge can make a recommendation, but the BOP has the final say. They decide where the convict has to report for processing, do an assessment to decide what’s the best fit, and send the prisoner to the facility they deem most appropriate.
Also my experience at the state level in California. I will add that judges rarely make housing recommendations, but when they do, our state BOP did tend to acquiesce to the request.
Though do they have to do those things, or is it just part of the typical routine they do for most prisoners. Can they just decide “Actually for Trump we are going to do X”. Does anyone (Trump or the DA etc. depending on thing X is very lenient or very bad) have any legal recourse?