What happens if an ex-president goes to jail (hypothetically speaking)? It wouldn’t be pretty – Salon
The United States has never had a president go to prison. Neithera sitting president, nor a former one. Arguably there are a few who should have although that's another matter.
Donald Trump couldchange that. Perhaps that's not surprising: Trump will already be remembered by history as the first president to be impeached twice, the first president to refuse to accept losing an election, the first president to lack any prior political or military experience and one of five presidents to be elected without winning the popular vote. He has rackedup questionable distinctions like Tom Brady winsSuper Bowl rings.
Now Trump may facejail timefor alleged financial crimes in New York or his efforts to overturn the 2020 election in Georgia, or his speech to the Jan. 6 rioters. Given his pattern of ethically iffy business dealings and ripping off the taxpayers, as well as his shady actions in Russia and Ukraine, something completely unforeseen could also arise during current investigations that lands him in jail.
At any rate,if Trump goes to prison, it will be a first in the history of this country. What, if anything, does that say about the state of our democracy?
We can start by looking at the closest equivalents to Trump's situation, which occurred shortly after the Civil War. Without question the most volatile such case was the potential trial of Jefferson Davis, who had been president of the Confederacy and intended to arguethat he did nothing illegal by siding with Mississippi once it seceded. (Whether the Confederate States of America counts as a real nation, and Davis as a real president, is a contested question.) Given that the Civil War had ended only a few years earlier, it is entirely conceivable that Davis' trial would have sparked violencewhether he was convicted. Fortunately for him, President Andrew Johnson pardoned Davis and other former leading Confederates forthe crime of treason, so we don'tknow how such atrial would have played out.
A lesser known case involving an authentic, no-doubt president is that ofJohn Tyler, who was president from 1841 to 1845, following the death of William Henry Harrison. No one ever accused Tyler of dishonesty, but he sided with hishome state of Virginia when it seceded from the Union, in 1861,servingin various Confederate legislative bodies. Tyler died of a stroke early in 1862, three years before the Civil Warended, sohe was never held legally accountable for his actions and there's no way to know how events would have played out. Tyler offers, however, the only clear example of a former U.S. president committing treason. (Until now, some would say.)
Around the same time that Jefferson Davis faced an uncertainlegal fate, the president who pardoned him, Andrew Johnson,became the first president to beimpeached, in his case by a Republican-controlled Congress that opposed his lenient policies toward the conquered South. But Johnson was charged with no crime after leaving office, whereas Richard Nixon who resigned before he could be impeached probably would have been had Gerald Ford not pardoned him. Bill Clinton, the second president to be impeached, was accused by his enemies of all kinds of imaginary crimes, but never faced any serious threat of criminal prosecution for any aspect of the Monica Lewinsky scandal.
So American historyprovides no clear oruseful parallels, and we have to cast the net more widely still without finding any obvious similar instances. One thing we can say is that a criminal conviction wouldn't necessarily end Trump's political career, and another is that the chances of an actual head of state literally winding up behind bars appear very low. Former Italian prime ministerSilvio Berlusconiwas convicted of tax fraud in 2013 also one of Trump's more plausible crimes and served his "prison sentence" by doing unpaid community work because of his age. Despite hisconviction, Berlusconi remains a powerful figure on the Italian right andeventually returned to politics, winning election to theEuropean Parliament in 2019.
One case very much in the news isIsrael, where Prime Minister Benjamin Netanyahuhas held power for the last 12 years(after also serving as prime minister in the late '90s). Hewasindicted in 2019 for accepting bribes, fraud and breach of trust but has refused to leave office, clinging to power through several indecisive elections thanks to the loyalty of the Israeli right. With a new coalition government reportedly emerging this week that could end Netanyahu's tenure, the danger of conviction and prison time is now real.
Former French prime ministerFranois Fillon could well be heading to prison but even in France, this isn't a huge story. (In the French political system, the president holds executive power and the prime minister is perhaps closer to the House speaker in the U.S.)An old-school center-right conservative,Fillon was allied with formerPresident Nicolas Sarkozy and was was briefly seen as the frontrunner in the 2017 presidential election (eventually won by Emmanuel Macron). After Fillon wascharged with embezzlement,his political fortunes collapsed, and last year he was finally convicted of fraud and misusing funds. He was sentenced to five years in prison, with three of them suspended, and is currently appealing his sentence.
What lessons have we learned about the prospect of Donald Trumpending up in a prison jumpsuit? Pretty much none. Trump is perhaps vaguely similar to the examples ofBerlusconi,Netanyahu andDavis in that he has a passionate following, and leadsa movement that is unwaveringly devoted to him as an individual. As with Berlusconiand Netanyahu, hissupporters are unlikely to abandon him even if he is indicted or convicted. If anything, a criminal trial might turn him into a martyr, and increasehis followers'sensepersecution,emboldening them to do who knows what.
John Tyler, Andrew Johnson, Richard Nixon and Bill Clinton never commanded that kind of slavish devotion. Nothing even close.
Consider also that there's no legal or constitutional impediment toan eligible citizenrunning for president while incarcerated.Trump could orchestrate apolitical resurrection from a prison cell, being "restored" to what his followers deem his rightful placeeither by legitimately being elected or (far more likely)because the recent wave ofvoter suppression laws enacted by Republicanscreate a situation where he can't lose. Much as Hitler proclaimed his ascension to power as a vindication of the nine months he served in prison aftertheBeer Hall Putsch, Trump's miraculous election-from-prison would be embraced by his followers as proof that it was all worth it. Most of them would shy away from the Hitler parallels, of course but some, if QAnonrhetoric is to be believed, may not.
If Trump is actually put on trial, it will become a spectacle unlike any otherin American history. Anypossible verdict acquittal, conviction or mistrial will be received by his supporters as a great victory. No matter what happens,such a trial wouldserve as a flashpoint for a far-right, anti-democratic movement the likes of which has never before existed in this country. On balance, that sounds really bad.
- LEADER JEFFRIES WITH DEMOCRATIC VETERANS: DONALD TRUMP HAS CONTINUED TO BREAK HIS WORD TO THE AMERICAN PEOPLE Congressman Hakeem Jeffries -... - March 4th, 2026 [March 4th, 2026]
- President Donald J. Trump hosts a bilateral meeting with German Chancellor Friedrich Merz - The White House (.gov) - March 4th, 2026 [March 4th, 2026]
- Donald Trump Humiliated by Allied Pilot Who Downed $100 Million Worth of U.S. Jets - The Daily Beast - March 4th, 2026 [March 4th, 2026]
- Is Donald Trump facing impeachment 2026? What the odds say today - The News Journal - March 4th, 2026 [March 4th, 2026]
- President Donald Trump says he doesnt care if Iran plays at World Cup in North America - The Athletic - The New York Times - March 4th, 2026 [March 4th, 2026]
- President Donald Trump pledges action to save Great Salt Lake - KUTV - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump Calls On Netflix To Fire Board Member Susan Rice Or Pay The Consequences - Deadline - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump just announced a NEW 15% TAX on the American people. He does not care about you. - x.com - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump is reshaping American health care - The Economist - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump says US committing $10 billion to Board of Peace - The Hill - February 20th, 2026 [February 20th, 2026]
- Florida airport to be renamed after US President Donald Trump - RFI - February 20th, 2026 [February 20th, 2026]
- Donald Trump and the disgrace of Presidents Day - The Hill - February 16th, 2026 [February 16th, 2026]
- Nothing says the special relationship is over like this picture of Donald Trump and Liz Truss | Zoe Williams - The Guardian - February 16th, 2026 [February 16th, 2026]
- George Washington and Donald Trump Have a Similar Obsession. Theyve Expressed It Shall We Say ... Differently. - Slate - February 16th, 2026 [February 16th, 2026]
- Where Donald Trump Approval Rating Stands in Each State on Presidents Day - Newsweek - February 16th, 2026 [February 16th, 2026]
- Donald Trump is "in retreat" on Greenland and ICE, prominent critic and California Governor Gavin Newsom told DW at #MSC2026. - facebook.com - February 16th, 2026 [February 16th, 2026]
- Peter Kalis: What JFK did, Donald Trump can do, and for the same reasons - Pittsburgh Post-Gazette - February 16th, 2026 [February 16th, 2026]
- Donald Trump and the Dictator Dynamic - America Magazine - February 11th, 2026 [February 11th, 2026]
- Who wrangled the best trade deal from Donald Trump? - The Economist - February 11th, 2026 [February 11th, 2026]
- President Donald Trump: We have the hottest country in the world - Fox Business - February 9th, 2026 [February 9th, 2026]
- President Donald Trump announces the launch of TrumpRX - The White House (.gov) - February 9th, 2026 [February 9th, 2026]
- Donald Trump calls Bad Bunny's halftime show a slap in the face' to the U.S. - NBC Bay Area - February 9th, 2026 [February 9th, 2026]
- The 7 things to know about President Donald Trump for Monday, Feb. 9 - The Washington Post - February 9th, 2026 [February 9th, 2026]
- Donald Trump calls for immediate NFL rule change after what he saw in Super Bowl 60 - Yahoo - February 9th, 2026 [February 9th, 2026]
- Bill Maher Says Donald Trump Wanting Greenland Isnt the Craziest Idea Ever - TV Insider - February 9th, 2026 [February 9th, 2026]
- Thank you, President Donald J. Trump, for approving Tennessees Major Disaster Declaration to support recovery following Winter Storm Fern. This... - February 7th, 2026 [February 7th, 2026]
- How to Protect the 2026 Elections from Donald Trump - The New Yorker - February 7th, 2026 [February 7th, 2026]
- 3 Polls That Paint a Worrying Sign for Donald Trump - Newsweek - February 7th, 2026 [February 7th, 2026]
- Donald Trump is still weird - Yahoo - February 7th, 2026 [February 7th, 2026]
- Remarks: Donald Trump Addresses the National Prayer Breakfast at the Capitol - February 5, 2026 - Roll Call - February 7th, 2026 [February 7th, 2026]
- Eugene Daniels reacts to Trump post with racist depiction of Obamas: 'This is who Donald Trump is' - MS NOW - February 7th, 2026 [February 7th, 2026]
- President Donald Trump signs the spending bill that ends the shutdown and reopens the U.S. Government - The White House (.gov) - February 4th, 2026 [February 4th, 2026]
- Read the extended transcript: President Donald Trump interviewed by 'NBC Nightly News' anchor Tom Llamas - NBC News - February 4th, 2026 [February 4th, 2026]
- Donald Trump wants to end Americas half-century conflict with Iran - The Economist - February 4th, 2026 [February 4th, 2026]
- Donald Trump and Xi Jinping discuss Ukraine and trade ahead of US state visit to Beijing - Financial Times - February 4th, 2026 [February 4th, 2026]
- Opinion: Why are political cartoonists drawn to Donald Trump? 'He really is a cartoon' - CT Insider - February 1st, 2026 [February 1st, 2026]
- David M. Shribman: Where is Donald Trump taking America? - Pittsburgh Post-Gazette - February 1st, 2026 [February 1st, 2026]
- How Donald Trump reshaped Vermont in just 1 year - VTDigger - February 1st, 2026 [February 1st, 2026]
- Everyone is comparing Donald Trump to the wrong fascist - PhillyVoice - February 1st, 2026 [February 1st, 2026]
- Donald Trump announces plans for Indycar race through Washington DC streets - The Guardian - February 1st, 2026 [February 1st, 2026]
- 'Melania' Is Gift to Donald Trump, Disguised As a Boring Movie: Review - Business Insider - January 30th, 2026 [January 30th, 2026]
- Mayor Helena Moreno meets with Donald Trump on sidelines of Washington Mardi Gras - NOLA.com - January 30th, 2026 [January 30th, 2026]
- Rinse and Repeat: Western allies ready for next rollercoaster with Donald Trump - CNN - January 26th, 2026 [January 26th, 2026]
- Donald Trump Addresses His Father's Alzheimer's in New Health Interview, Saying Fred Had 'What Do They Call It?' - People.com - January 26th, 2026 [January 26th, 2026]
- The Woman Who Stands Between Donald Trump and Greenland - The New York Times - January 26th, 2026 [January 26th, 2026]
- Davos 2026: Special Address by Donald J Trump, President of the United States of America - weforum.org - January 24th, 2026 [January 24th, 2026]
- Democratic senators sound the alarm on Pentagon backing firms linked to Donald Trump Jr. - CNN - January 24th, 2026 [January 24th, 2026]
- How Donald Trump Brought Us to a Rupture in the World Order - The New Yorker - January 24th, 2026 [January 24th, 2026]
- Donald Trump to unveil home buying plan involving retirement funds - BBC - January 18th, 2026 [January 18th, 2026]
- America has coped with worse things than Donald Trump - The Economist - January 18th, 2026 [January 18th, 2026]
- Venezuelans believe Donald Trump has offered them a better future - The Economist - January 14th, 2026 [January 14th, 2026]
- Donald Trump Yells 'F--k You' and Flips Off Man After Being Called a 'Pedophile Protector' - People.com - January 14th, 2026 [January 14th, 2026]
- Donald Trump Tries New Joe Biden Impression as He Brags About Ignoring Teleprompter '80% of the Time' - People.com - January 14th, 2026 [January 14th, 2026]
- Donald Trump Just Slapped Another Sign On The White House, And It's Exactly What You'd Expect - Yahoo - January 14th, 2026 [January 14th, 2026]
- Donald Trump wants the US back on the moon before his term ends. Can it happen? - The Guardian - January 2nd, 2026 [January 2nd, 2026]
- Donald Trump Caps Off 2025 With Digs At George Clooney And His New French Citizenship - Deadline - December 31st, 2025 [December 31st, 2025]
- Donald Trump in his own words the year in racism and misogyny - The Guardian - December 31st, 2025 [December 31st, 2025]
- How Donald Trump, 79, Turned Bruises and Cankles Into a Full-On Health Crisis - The Daily Beast - December 27th, 2025 [December 27th, 2025]
- Country music star shared heartbreaking message about Donald Trump before death - Yahoo - December 27th, 2025 [December 27th, 2025]
- I WITNESS: From the desk of Donald Trump - The Berkshire Edge - December 27th, 2025 [December 27th, 2025]
- Dear Britain: things are bad, but America will recover from Donald Trump. Just give us three years | Jimmy Kimmel - The Guardian - December 27th, 2025 [December 27th, 2025]
- Donald Trump Threatens Americans to 'Enjoy What May be Your Last Merry Christmas' - People.com - December 27th, 2025 [December 27th, 2025]
- Donald Trump Praises Ted Sarandos But Says Netflix-WBD Would Have A Great Big Market Share In Streaming - Deadline - December 7th, 2025 [December 7th, 2025]
- Sources: Ted Sarandos Met With Donald Trump Ahead of Netflixs Winning Warner Bros. Deal - The Hollywood Reporter - December 7th, 2025 [December 7th, 2025]
- Donald Trump Jr. suggests the US may walk away from Ukraine peace talks - CNN - December 7th, 2025 [December 7th, 2025]
- "SNL" mocks Pete Hegseth and "sleeping" Donald Trump"kill everybody" - Newsweek - December 7th, 2025 [December 7th, 2025]
- The war on drugs felt over. Donald Trump restarted it - CNN - December 7th, 2025 [December 7th, 2025]
- At the 2026 World Cup draw, the winner is ... Donald Trump - CNBC - December 7th, 2025 [December 7th, 2025]
- Melania Trump was once the one making controversial White House design choices. Now, it's Donald Trump. - Business Insider - December 2nd, 2025 [December 2nd, 2025]
- Donald Trump Gets Worrying Sign Ahead of Midterms - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Tennessee Special Election Could Be Kamala Harris Revenge on Donald Trump - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Drug trafficking: Donald Trump says he is 'okay' with striking Mexico - France 24 - November 18th, 2025 [November 18th, 2025]
- Donald Trump to host Saudi crown prince Mohammed bin Salman at White House - live updates - The Guardian - November 18th, 2025 [November 18th, 2025]
- MBS Has a List of Big Asks for Donald Trump in DC - Bloomberg.com - November 14th, 2025 [November 14th, 2025]
- Timeline of Donald Trump and Jeffrey Epsteins relationship - CNN - November 14th, 2025 [November 14th, 2025]
- 'I am the one able to take him down.' What Jeffrey Epstein said about Donald Trump. - USA Today - November 14th, 2025 [November 14th, 2025]
- President Donald Trump signs the funding bill from Congress that reopens the government - The White House (.gov) - November 14th, 2025 [November 14th, 2025]
- Donald Trump Is a Lamer Duck Than Ever - The Atlantic - November 14th, 2025 [November 14th, 2025]
- Terry McAuliffe: Donald Trump is the Democrats Best Weapon - CNN - November 14th, 2025 [November 14th, 2025]
- Donald Trump May Have Revealed Where Barron Is Living After His Quiet College Transfer - People.com - November 14th, 2025 [November 14th, 2025]