# What would a criminal indictment of Trump look like?

**URL:** <https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713>\
**Category:** Politics & Elections\
**Created:** [March 11, 2021, 2:54pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713 "2021-03-11T14:54:38Z")\
**Posts on this page:** 20\
**Page:** 1

<div class="post-metadata">

**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\
**Post date:** [March 11, 2021, 2:54pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/1 "2021-03-11T14:54:39Z")

</div>

How do you think a criminal indictment of Trump would play out given his status as ex-president? Would he have to show up to NY or Georgia (or wherever else) for booking? Would he get fingerprinted and mugshotted? I suppose the obvious answer is yes, but I never cease to be amazed at the exceptions made for the elite. Would Would he likely be jailed until his arraignment? Thanks.

---

<div class="post-metadata">

**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [March 11, 2021, 2:57pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/2 "2021-03-11T14:57:15Z")

</div>

In all seriousness, I think it would look like him flying to a country that doesn’t extridite back to the US.

---

<div class="post-metadata">

**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [March 11, 2021, 2:57pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/3 "2021-03-11T14:57:37Z")

</div>

Times Square on New Years Eve.

---

<div class="post-metadata">

**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\
**Post date:** [March 11, 2021, 2:59pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/4 "2021-03-11T14:59:59Z")

</div>

You ain’t kidding. Dick Clark’s Rockin’ Trump Indictment.

---

<div class="post-metadata">

**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\
**Post date:** [March 11, 2021, 3:06pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/5 "2021-03-11T15:06:48Z")

</div>

I’m assuming we all know this ain’t gonna happen no matter how guilty he is.

That said, in a hypothetical universe where Trump is indicted, I’d guess he would be put under house arrest with secret service protection still in place.

---

<div class="post-metadata">

**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [March 11, 2021, 3:23pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/6 "2021-03-11T15:23:42Z")

</div>

I thought this was going to be more about what a criminal indictment might _consist of_. What charges? Federal or state? Which states?

But that’s probably been covered in a hundred other threads, so unless there are new developments along those lines I’ll abandon the hijack.

---

<div class="post-metadata">

**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [March 11, 2021, 3:29pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/7 "2021-03-11T15:29:24Z")

</div>

If there was enough evidence for a criminal indictment, I agree it would likely be a very limited house arrest under SS observation (and “house arrest” would probably mean “not leaving the country” instead of “not leaving the house”).

And if it went to trial, Donald would only take the stand as a very, very last resort, both because it would be a bad look for him and because a perjury indictment would likely follow shortly thereafter.

---

<div class="post-metadata">

**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [March 11, 2021, 5:04pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/8 "2021-03-11T17:04:11Z")

</div>

Suppose GA indicts him for election tampering and NY indicts him for bank fraud, insurance fraud, tax evasion, racketeering, and jaywalking. Who gets first crack at him? Whoever indicts first? The more serious charge?

---

<div class="post-metadata">

**Author:** ![KarlGauss](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/karlgauss/32/3713_2.png) [@KarlGauss](https://boards.straightdope.com/u/KarlGauss)\
**Post date:** [March 11, 2021, 9:50pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/9 "2021-03-11T21:50:16Z")

</div>

I’ve [asked something very similar before](https://boards.straightdope.com/t/inter-state-extradition-in-the-us/835127/18) and the answer didn’t seem to be clear.

If a person (or ex-president) is indicted for a non-Federal felony in one state, can they take refuge in another state? Can the ‘harboring’ state be compelled to extradite him? If so, is there an enforcement mechanism?

---

<div class="post-metadata">

**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [March 11, 2021, 9:56pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/10 "2021-03-11T21:56:15Z")

</div>

The harboring state could just refuse to do anything. Then it would have to go to the Supremes, I think. That could take a while. I have no idea what the actual chain of command would be, but I’m sure that a Federal judge could order the Secretary of the Treasury to order the head of the Secret Service to order a certain president’s detail to arrest and remove him. If they don’t, fire them and send agents who will. Then withhold the harboring state’s Federal law enforcement funding for a few years.

---

<div class="post-metadata">

**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\
**Post date:** [March 11, 2021, 10:42pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/11 "2021-03-11T22:42:36Z")

</div>

> [@Grrr](#):
>
> I’m assuming we all know this ain’t gonna happen no matter how guilty he is.
> 
> That said, in a hypothetical universe where Trump is indicted, I’d guess he would be put under house arrest with secret service protection still in place.

Maybe in Georgia, but in NY, Cy Vance has some penance to pay where Trump is concerned, having let Jr. and Ivanka off from what other prosecutor’s thought was an easy win in return for a 50k donation. A few legal pundits I’ve read have said that the pattern and escalation of the investigation would indicate they most definitely have something. The only conceivable way I could see Cy Vance backing down is a personal call from Biden.

---

<div class="post-metadata">

**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\
**Post date:** [March 11, 2021, 11:04pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/12 "2021-03-11T23:04:33Z")

</div>

Not a lawyer, but I don’t think Federal agents have jurisdiction to arrest people for outstanding State warrants. They might “detain” someone until they can be turned over to the appropriate authority. But I doubt they could capture someone in State A and transport them to State B against the wishes of the government of State A.

---

<div class="post-metadata">

**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [March 11, 2021, 11:38pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/13 "2021-03-11T23:38:31Z")

</div>

Interstate conflict defaults to “Federal Level.” State A refusing a legal extradition order from State B makes it a Federal issue. But sure, in this case the SS would just deliver Individual #1 to the closest airport and turn him over to State B authorities.

---

<div class="post-metadata">

**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\
**Post date:** [March 12, 2021, 12:01am UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/14 "2021-03-12T00:01:59Z")

</div>

But are you certain that State A doesn’t have the legal right to refuse extradition? I’m not sure, but I think they do. Why would one State government have the authority to compel another State government to do anything? In that case, there is no “Federal issue”.

Of course, that’s assuming that there are only State charges involved; I don’t dispute that the Feds can arrest people for Federal crimes no matter what the State they happen to be in thinks.

---

<div class="post-metadata">

**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\
**Post date:** [March 12, 2021, 12:07am UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/15 "2021-03-12T00:07:54Z")

</div>

Or I could spend two minutes on Wikipedia before posting…

Yes, the Constitution does obligate States to extradite suspects to other States upon request. I note that between 1860 and 1987 SCOTUS’ interpretation of this clause was that the Federal government didn’t have jurisdiction to enforce it, so that in practice there was no remedy if a State simply refused to extradite. No doubt that’s what I was thinking of… 😳

But under current interpretation, yep, the Feds could go and get him.

---

<div class="post-metadata">

**Author:** ![Win\_Place\_Show](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/win_place_show/32/13469_2.png) [@Win\_Place\_Show](https://boards.straightdope.com/u/Win_Place_Show)\
**Post date:** [March 12, 2021, 3:42pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/16 "2021-03-12T15:42:04Z")

</div>

Surprised not to wake up and see this (Cy Vance not running for re-election) not having it’s own thread, so I guess maybe it belongs here?

[https://www.cnn.com/2021/03/12/politics/cyrus-vance-not-running/index.html](https://www.cnn.com/2021/03/12/politics/cyrus-vance-not-running/index.html)

I’m gonna admit, as a lifelong Texan, I hadn’t even heard of the guy until sometime within the last year, so I know nothing about him. Is this a good thing, or a bad thing? When I first heard it, I thought “shit, here we go again, somebody else who has ‘the goods’ on Trump just got bought off”.

Then I start reading anecdotes about maybe this guy not being the best one for the job after all. Granted these cites (taken from Facebook comments) are weaker than weak, but here’s a couple I read :

**one random guy** , “Personally I think this guy is protecting the Trump family, he has had access to the tax records but used the lame excuse that he wanted to let the courts decide. Don’t forget he let the family slide on several cases and recieved campaign contributions in return. I think he’s going to let the clock run out and then leave it to others to carry the burden of defeat. Not impressed with this guy.”

**one random gal** , “This has been rumored he wasn’t seeking another term. Some parts of me don’t trust him after he let Jr and Ivanka off the hook by accepting a campaign donation to drop the case against them. Manhattan DA is a well oiled office with plenty of great prosecutors.”

I have no idea what’s being referred to as Vance letting the demon spawn off the hook, but I’ll read more about that later today.

---

<div class="post-metadata">

**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\
**Post date:** [March 12, 2021, 4:53pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/17 "2021-03-12T16:53:39Z")

</div>

I think this development is a positive. Vance has nothing to lose now and nothing to potentially gain from appeasing Trump. Personally, I get the sense he wants to right his legacy where the Trumps are concerned.

---

<div class="post-metadata">

**Author:** ![velcro](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velcro/32/7102_2.png) [@velcro](https://boards.straightdope.com/u/velcro)\
**Post date:** [March 12, 2021, 7:22pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/18 "2021-03-12T19:22:26Z")

</div>

VP Agnew was caught red-handed, but got away with a no-contest plea, 3 years unsupervised probation and a $10,000 fine. The Republican Attorney General recommended no prison time.

> **[How Agnew Bartered His Office To Keep From Going to Prison (Published 1973)](https://www.nytimes.com/1973/10/23/archives/howagnewbarteredhis-office-to-keep-from-going-to-prison-how-spiro.html?smid=url-share)**

I think after January 6, with a Democratic adminstration prosecuting, prison is more likely.

However, I am not sure that many of the crimes Trump is accused of are punishable by prison.

---

<div class="post-metadata">

**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [March 12, 2021, 11:10pm UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/19 "2021-03-12T23:10:23Z")

</div>

> [@KidCharlemagne](#):
>
> The only conceivable way I could see Cy Vance backing down is a personal call from Biden.

People on Twitter are definitely making a connection between Vance announcing he won’t be DA anymore (after his current term ends), and Trump visiting NYC. Among other media I’m seeing only People Magazine (!) making that connection, albeit delicately:

> [@](#):
>
> Former President Donald Trump was back in New York City this week for the first time since leaving office. Various news outlets reported that he was spotted outside Trump Tower on Sunday night …
> 
> According to New York’s KABC TV station, the New York Police Department was providing additional security for Trump during his stay in Manhattan.
> 
> Though it’s unclear why Trump was back at his old home, his visit comes as New York officials have been ramping up their investigations of his family’s business dealings.
> 
> Manhattan District Attorney Cyrus R. Vance Jr. is probing the family business in a criminal matter at the local level while New York Attorney General Letitia James is also looking into his business dealings. …

> **[Trump Returns to N.Y.C. - Where His Business Is Being Investigated - for the...](https://people.com/politics/donald-trump-returns-to-new-york-city/)**
>
> Former President Donald Trump was back in New York City this week for the first time since leaving office

Most of the stories about Vance’s announcement mention that he hasn’t been fund-raising in recent months, so it seems unlikely that it was this week’s visit by Donald (allegedly wielding kompromat against Vance) that led Vance to say he’d not be running for DA again.

Still, that doesn’t quiet the worries about what might be going on behind the scenes that could let Slippery Donald get away with it all yet again…

---

<div class="post-metadata">

**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [March 13, 2021, 4:39am UTC](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713/20 "2021-03-13T04:39:04Z")

</div>

> [@Thing.Fish](#):
>
> But are you certain that State A doesn’t have the legal right to refuse extradition? I’m not sure, but I think they do. Why would one State government have the authority to compel another State government to do anything?

States have to extradite people to other states. It’s mandatory. So if a fugitive wants to avoid arrest, they have to leave the country; there’s no such thing as a non-extradition state.

It’s in the Constitution: _“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”_

[Next page](https://boards.straightdope.com/t/what-would-a-criminal-indictment-of-trump-look-like/937713.md?page=2)
