It was a historic and jarring event when FBI agents searched former President Donald Trump's home last year to look for classified documents he was accused of hoarding. "Courts and prosecutors have to become normalized to the idea of detaining Trump – if he continues to violate gag orders and/or if he is convicted at trial," Signorelli says. Less-powerful defendants have been punished with time behind bars for being in contempt of court (including violating gag orders) or threatening authorities. Sam Bankman-Fried, the former billionaire crypto trader, was put behind bars in August weeks before his fraud trial after giving a media outlet private writings by a witness. While courts are sensitive to First Amendment protections – especially for someone running for president – Trump is pushing the legal envelope, Eisen says.

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