Televised Trial, Mugshot—And The Difficulty Of A Pardon

Topline

Donald Trump has now been criminally indicted an unprecedented four times, but his most recent indictment in Georgia—which accuses him of illegally trying to overturn his election loss—could bring new challenges, as state rules will likely allow for things like a televised trial and a mugshot.

Former U.S. President Donald Trump was indicted for a fourth time on Monday, August 14, 2023, in … [+] Georgia on charges related to interference in the 2020 election. But, this indictment could be different than his past three. (Photo by James Devaney/GC Images)

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Key Facts

Mugshots: Trump is expected to travel to Georgia later this month for an arraignment, and unlike in his previous three criminal arraignments, this one could result in a mugshot—Fulton County Sheriff Pat Labat said earlier this month if an indictment happened, Trump would be treated like any other defendant, telling local media, “It doesn’t matter your status, we’ll have a mugshot ready for you.”

Mugshots often become public in Georgia, though the timeline of when and how the public could view Trump’s mugshot is not clear.

Arrival: It’s unclear how the rest of Trump’s arraignment will work, but Labat’s standard procedure is to take defendants to the main jail in Atlanta where they undergo intake, medical screening, fingerprinting, a warrant check and a mugshot—only some of which has been done in Trump’s other three arraignments.

From there, per standard protocol, Trump would be legally required to see a judge within 24 hours—unless arrested on a weekend, then it would be the following Monday—and a judge would set a bond and determine if he could be released.

Bail: Unlike in some of his other cases, Georgia has strict bail laws that only allow a court to release a person if they pose no significant risk of “intimidating witnesses or otherwise obstructing the administration of justice,” which some attorneys think Trump has already done by urging a state official not to testify to a grand jury.

That doesn’t mean Trump will end up in jail: Some outlets are reporting it’s likely Trump will be released without bail—though that decision is up to the judge—and one former Fulton County prosecutor told local TV station 11Alive it’s likely Trump is released on his own recognizance, or the guarantee he’ll return to court.

Cameras: Unlike in the federal and New York court systems, Georgia law requires cameras to be allowed in court with a judge’s approval—which is typically granted unless there is a major reason not to, such as having a minor involved—in an effort “to promote access to and understanding of court proceedings.”

This means the entirety of the criminal trial against Trump could be televised.

Pardons: The president’s pardoning power only extends to federal cases, so if Trump is convicted in Georgia, a future GOP president—or Trump if he’s reelected—wouldn’t be able to wipe away the case, and in Georgia, not even governors have the power.

A person can only be pardoned in Georgia if a governor-appointed board approves their application, but even if it is approved, the State Board of Pardons and Parole website says a pardon doesn’t clear one’s record, and is only an option if the person has “no pending charges” and has been “ free of supervision … and/or criminal involvement for at least five consecutive years thereafter as well as five consecutive years immediately prior to applying.”

What To Watch For

Fulton County District Attorney Fani Willis gave Trump and the other 18 co-defendants named alongside him 10 days to surrender, so a mugshot and everything else that comes with an arrest could happen as late as August 25, assuming Trump surrenders and doesn’t negotiate other arrangements. It’s likely it won’t happen before next week, though, as Trump announced on Truth Social he will be hosting a press conference Monday to unveil “A Large, Complex, Detailed but Irrefutable REPORT on the Presidential Election Fraud” (all of Trump’s allegations of widespread voter fraud have been refuted).

What We Don’t Know

Because Trump is being tried with 18 other defendants—and is dealing with three other criminal cases alongside this one—the timing and trial are likely to be long and complicated. Willis said she doesn’t “have any desire to be first or last” in terms of the trials Trump is facing, but is hoping to go to get a date in six months and try all defendants at once, though people with knowledge of the case told the New York Times it’ll likely take longer. Other cases with charges tied to the Racketeer Influenced and Corrupt Organizations (RICO) statute have also moved slowly—Willis charged rapper Young Thug and more than a dozen other defendants on RICO charges in May 2022, and the jury still hasn’t been selected. Trump’s upcoming calendar is already busy: The first GOP debate—which he hasn’t made a decision on whether to attend—is August 23, he has to surrender in Atlanta by August 25 and the judge in his federal election interference case is supposed to set a trial date on August 28.

Key Background

Trump became the first former president to face criminal prosecution earlier this year, and now has dozens of charges pending in multiple states. Trump’s Georgia indictment—which accuses him of illegally conspiring to overturn his 2020 loss in Georgia—follows federal charges brought against him by the Justice Department earlier in August for his efforts to overturn the 2020 election at the federal level. He was also indicted federally for allegedly mishandling classified documents, and at the state level in New York, where he faces 34 felony charges for falsifying business records related to “hush money” he allegedly paid adult film actress Stormy Daniels. Willis’ office has been investigating Trump and his allies’ efforts to overturn the results at the state level since February 2021, and a grand jury voted on the indictments late Monday night after a separate special grand jury issued a final report that likely recommended Trump and his allies—including former New York City Mayor Rudy Giuliani and former White House chief of staff Mark Meadows—be indicted. The efforts to overturn Georgia’s election were part of a wider effort to fight election results in a number of swing states, including the fake electors scheme, failed lawsuits challenging election results, and attempts to pressure state officials to reject Biden’s wins.

Big Number

13. That’s how many charges Trump faces in the Georgia indictment, though 41 charges in total were filed against 19 defendants. In total, the former president faces 91 charges across his four indictments, all of which have come after he announced his third bid for the White House in November. Trump has pleaded not guilty in all cases and has repeatedly said the indictments are the result of political attacks from President Joe Biden and a criminal justice system that’s been co-opted by Democrats.