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Trump's Secret Service can be dragged to his court battles but experts warn it may undermine agency's role

Experts don't suggest this approach as it'll be 'risky and shouldn't be considered or pursued without the utmost caution and consideration of the potential benefits'
UPDATED MAR 18, 2021
Secret Service agents, who served during Donald Trump's single-term presidency, could be dragged to court to testify against him (Getty Images)
Secret Service agents, who served during Donald Trump's single-term presidency, could be dragged to court to testify against him (Getty Images)

The loss of the White House not only leaves Donald Trump without presidential immunity, but the former president will now have to come face to face with the criminal and civil challenges that lie in his way with regards to federal and state courts.

In a package deal situation, Secret Service agents, who served during his single-term presidency, could be dragged to court to testify against him. There is no legal privilege that prevents Secret Service agents from reporting and testifying against alleged abuse of power on the job. But this call to testify not only poses threat to the former president, but sources and experts reveal it's not an altogether appealing idea for the agents either.

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"That is a very, very slippery slope to go down as far as the Secret Service is concerned," former Secret Service agent Joe Funk told Insider. Funk, who served under George W Bush and Bill Clinton, explained, "In order for us to do our job, we need to be close to the president in some capacity." If agents are forced to recount conversations on a later date, Funk said "[...] the president — and rightfully so — is going to be very concerned about that proximity in vehicles, especially if agents are privy to conversations."

It's not just those in praise of Trump who is wary of agents being called to testify. The non-partisan watchdog organization Citizens for Responsibility and Ethics in Washington's deputy Donald Sherman said that while no one can tell "what kind of illegal or unethical activity the Trump family has engaged in", agents forced to testify against a former president is "incredibly risky and shouldn't be considered or pursued without the utmost caution and consideration of the potential benefits."

Secret Service swarms around Republican Presidential candidate Donald Trump after a bottle was thrown on stage at a Campaign Rally on March 12, 2016, in Vandailia, Ohio (Getty Image)

Sherman added, "We shouldn't let the Trump family's gross abuse of power lead us down a road that undermines the Secret Service's role and function, which is critical to our democracy. You're creating a risk that presidents or their family will duck or voluntarily shoo Secret Service protection that's there for a reason." 

This comes after the US Capitol was on high alert with almost 5,000 National Guard troops called to remain in the nation's capital until at least March 12. Another bizarre QAnon conspiracy gained traction, and the theory claimed that Trump would once again be declared the president of the country on March 4, a date that holds significance according to the conspiracy. The request for 4,900 National Guard troops to continue their deployments in Washington until March 12 was made by US Capitol Police, according to Robert Salesses, a Pentagon official.

The theory that Trump will return for a second term on March 4 began to gain traction in early- to mid-January, after some believers were disappointed that the January 6 insurrection did not lead to the results they wanted. The reason for March 4's significance is also based on other conspiracy theories among QAnon believers.

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