At Donald Trump’s hush-money trial in Manhattan on Monday, Judge Juan Merchan warned the former president that if he violated a gag order Merchan had imposed one more time, he could go to jail.
“It’s important to understand that the last thing I want to do is to put you in jail,” Merchan told the former president. In his written order, however, Merchan noted that Trump could be detained for up to 30 days if he cannot abide by the order, which he has already violated 11 times. Trump seems to be inviting such a prospect, referring to witnesses on Wednesday as “sleazebags, lowlifes, and grifters that you oppose are allowed to say absolutely anything that they want.”
The jarring but real prospect of Trump sitting in a New York City jail has officials contemplating the logistics, with Mayor Eric Adams stating on Tuesday that the Department of Corrections is “prepared to deal with and manage the situation.” Former Department of Corrections commissioners say there are two options for Trump’s detention: a short-term stint in a holding cell at the courthouse or a longer stay at Rikers Island.
“It all depends on what the judge does,” said former Department of Corrections commissioner Martin Horn. “The judge could say, ‘I want you locked up for four hours,’ and he sits in one of the court pens.” In that case, Trump would leave the defendant’s table on the 15th floor and take the elevator to the basement, where hundreds of people are held every day before their arraignment. Horn stated that some of the cells there are large pens, while others are small enough for just one individual. “Typically, they have a concrete or stainless-steel bench,” he said. “They have a toilet; they might have a water fountain. A payphone on the wall. And bars.”
Horn said the “complicating factor” would be whether Trump’s Secret Service detail would join him in the cell or be stationed outside, and whether they would be able to keep their guns in DOC facilities.
If Trump merits an extended stay behind bars, he will head to Rikers Island, where he will be outfitted in a regulation tan jumpsuit. “Everywhere else has been closed,” Horn said of possible alternatives. “The Brooklyn House was torn down, the Tombs was torn down, the barge in the Bronx is closed, and the jail in Queens is closed. There’s no place else.”
Trump would be escorted on a ten-mile drive from the courthouse at 100 Centre Street, through Brooklyn and Queens, and over the Francis R. Buono Memorial Bridge. The prison’s intake center is usually a chaotic place, but former DOC commissioner Dora Schriro predicted it would be cleared out for Trump’s arrival — similar to when he surrendered last year at the Fulton County Jail in Atlanta. The standard process would begin with a medical review to ensure that Trump did not have any injuries requiring immediate treatment. “Assuming that not to be the case, you would start with basic procedures — exchanging your civilian clothes for a DOC issue of clothing, and an accounting of whatever personal property was on the individual,” said Schriro. Trump’s property would be placed in a secure location for return upon release; any money on him could be placed in an account so he could make phone calls or buy food from the commissary.
Trump would also sit for a photo and fingerprinting, with the picture printed on the ID card that all detainees wear at Rikers. After handing over his clothes, he would receive DOC-issued clothing: “So that’s the uniform, that’s the under clothes, that’s the shoes, and a basic toiletry kit,” Schriro said. If Trump were to be detained overnight while the trial continued, a streamlined version of this process would occur each day.
DOC staff would need to figure out protective-custody measures to ensure that Trump would not interact with other detainees. Based on the protocol for high-profile Rikers guests during Schriro’s time leading the DOC, Trump would likely be placed in a single cell in a separate wing under Secret Service protection. “Basically, he would be in a housing unit all alone,” Schriro said. For safety purposes, this means that Trump would not be required to share a shower.
Inside his cell, Trump would have very few amenities. “The bed is made up of a metal frame, and it’s secured to the floor,” said Schriro. “There’s typically a toilet-sink combination — one unit that has both a toilet bowl and a sink.” Trump would be allowed a limited number of personal items: legal materials, a towel, a Bible. “I understand the former president has one,” she said. “But I don’t know that we would necessarily accept that one. That’s usually issued by the DOC.”
If Merchan determines that Trump has crossed the line again, the Department of Corrections will be ready. “Allen Weisselberg, Harvey Weinstein have all passed through Rikers Island,” said Horn. “Mark David Chapman, the guy who killed John Lennon, passed through Rikers Island. The city has a long history of managing and processing high-profile commitments.”
