Under the provisions of the Former Presidents Act (FPA), is there any legal precedent or relevant existing laws that address the issue of Secret Service protection for a former U.S. president during a period of incarceration?

Considering the intent of the FPA and its provisions for protecting former presidents, how might legal arguments be framed both in support of and against the retention of Secret Service protection during a prison sentencing period for a former president?

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    I thought about posting this on politics.stackexchange.com but decided to post here, hope it's appropriate format wise to fit into the guidelines. Happy to adjust further if someone can point out what to do to make it conform more appropriate. Jul 22, 2023 at 22:19
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    No former US president has ever been incarcerated, so in that sense there is no precedent. Jul 23, 2023 at 0:45
  • Is it wrong to say that the absence of a previous instance does not negate the possibility of establishing a legal precedent. The question explores the application of the Former Presidents Act regarding Secret Service protection during a former president's incarceration. Legal arguments would revolve around interpreting the Act's intent, considering security needs versus adherence to established norms. It does not presuppose any specific outcome for any individual. Jul 23, 2023 at 0:51
  • There is also the question of where a former president would be incarcerated, which might solve the protection issue. Jul 23, 2023 at 9:55
  • The precedents one would look for would involve incarceration of people other than former Presidents who are entitled to Secret Service protection, of whom there are quite a few, one or more of whom may have been incarcerated at some point.
    – ohwilleke
    Jul 23, 2023 at 20:39


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