Donald Trump, who has lived a literally gilded life, took a closer look on Thursday at Fulton County’s dingy jail, the kind of facility where, if convicted of Dist’s charges, he will live. atty fani willis he can spend the rest of his life. He doesn’t like what he saw.

Trump surrendered because he booked the night before the deadline set by the prosecutor prosecuting him in the alleged plot to drop the case

Georgia 2020 presidential election results.

Trump’s moments in the prison booking center would be characterized by their mundaneness. County officials attempted to treat the former president and his alleged co-conspirators as other defendants subjected to the less-than-worthy procedure.

But Trump did receive special treatment that set him apart even from some of his 18 co-defendants in the massive racketeering case. He is now subject to a detailed set of conditions in exchange for the continued privilege of staying out of the district’s infamous dilapidated prison.

In addition to posting $200,000 bail, he may not inform co-defendants or witnesses in the case or otherwise obstruct the administration of justice. And the court added another Trump-tailored condition by specifying that the communication restrictions apply to social media posts and reposts.

Trump’s agreement to these terms and Fulton County Superior Court Judge Scott McAfee’s duty to protect court personnel and witnesses from harassment and the jury from bias provide sufficient authority to muzzle and punish Trump if he continues to engage with incendiary rhetoric about the matter. But Trump’s record provides every cause for concern that he will ignore his obligations and essentially challenge the court to order silence, contempt, and jail him.

No one in the system wants that. Like U.S. District Judge Tanya Chutkan, who oversees the case of federal election interference, McAfee is certainly aware of the fierce backlash that would result from even briefly imprisoning the leading candidate for the Republican nomination for president.

The question, however, is whether Trump will leave the judge any choice. He may be determined to flout the order and conclude that he will be celebrated as a rebel

defy

the authorities

other

a martyr when they are on his heels. The showdown will only reinforce his claims that the Deep State is coming after him, and by extension, his supporters.

It will also increase the prospect that his rhetoric

want to

inspire a crazed henchman among them to attack Willis or another player in the case. The ugly fact is that just like on January 6, 2021, Trump will potentially unleash violent forces

won’t be able to

check.

Whether the case will remain under Fulton County jurisdiction is still up for debate. Several of Trump’s co-defendants, including his former chief of staff, Mark Meadows, and former aide Atty. General Jeffrey Clark is already trying to move the case to federal court. Among other benefits, a federal forum would emerge from a broader and broader context

,

more pro-Trump jurors than in Fulton County and would likely make televised trial impossible.

But Trump’s own prospects of referring the case to federal court over concerns about presidential actions are slim. Courts have already ruled that his alleged criminal behavior was even beyond the bounds of his official duties.

Trump’s exposure in Fulton County is, in some ways, even more acute than the other three indictments in which he is named. Because the case involves state crimes, the presidency would not give him the power to pardon himself or anyone else being prosecuted, diminishing his influence over the other defendants.

Kenneth Chesebro’s motion for an early trial is an early example of co-defendants’ self-interest taking precedence over Trump’s interests. McAfee agreed to schedule Chesebro’s trial for October. On September 23, Trump’s team decided to separate their cases.

Former Chairman of the Georgia Republican Party

Motion by David Shafer

The fact that he referred his case to federal court this week also demonstrates this threat to Trump. Shafer argues that he and the other fake presidential elections acted at the direction of Trump and other federal officials. His file includes a

translation

in which Ray Smith, a lawyer for the Trump team and another co-defendant in the case, told Shafer and others that they had an obligation to implement the bogus voter plan to support the president and the constitution. And there is a strong possibility that one or more of Trump’s 18 co-defendants, not to mention the 30 or so unindicted co-conspirators, will cooperate with the prosecutors, because the evidence against them is strong and all the evidence that they can deliver against higher level players, especially Trump, will be valuable. When it comes down to it, incarceration is a nightmare, even for those unaccustomed to the high life.

Nevertheless, Trump could prevent justice for himself, or even prevent it altogether, if he becomes president again. I believe the Supreme Court could rule that proceedings in Fulton County should be stayed until the end of his term. And who knows what damage Trump will have done to the rule of law by then?

There are reasons to believe that the Fulton County case is unlikely to be concluded before the November 2024 election. But it won’t go away either. For Trump, conviction and imprisonment in Georgia remain one of the most terrifying dangers in the legal minefield that awaits him.

Harry Litman is the host of the

Talking Feds Podcast

.

@harrylitman