Topline
Former President Donald Trump has told advisors he wants his potentially imminent arrest to be a public “spectacle” including handcuffs and a “perp walk” to avoid looking weak, the New York Times and Guardian report, as Trump’s likely looming indictment raises questions of how to handle the first instance of a former or sitting president facing criminal charges.
Key Facts
Trump has told associates that he “wants to be handcuffed” when he’s arraigned in court after being indicted, the Guardian reports based on anonymous sources, noting the ex-president’s “increasing insistence that he wants to be handcuffed behind his back for a perp walk.”
The Times, also citing anonymous sources, reports Trump “welcomes the idea” of being led past the media and has considered whether he should “smile” for the cameras, noting he’s described the media circus as “a fun experience.”
Neither the Guardian nor the Times’ sources were certain how serious Trump’s comments are and whether they’re just “bravado,” with the Guardian noting his advisors are “unsure whether [Trump]
actually grasps the enormity of what an indictment might mean for him legally.”Trump’s desire for his arrest to be a “spectacle” appears to be because he wants to fire up his base and “project defiance,” the Guardian notes, reporting he’s “deeply anxious” that more muted proceedings would “make him look weak or like a loser.”
It’s unclear if Trump will get his wish: the Guardian reports Trump’s advisors are urging him to be arraigned remotely and turn himself in “quietly,” citing potential security concerns (to which Trump reportedly responded he “didn’t care if someone shot him” because he’d become “a martyr”).
Manhattan District Attorney Alvin Bragg may also refuse to handcuff Trump and have him do a perp walk, experts had previously speculated to Insider, as it could further paint the DA as politically biased against Trump or be a security concern, as handcuffs would affect Trump’s mobility if there was a sudden threat against him.
Crucial Quote
“He wants to be defiant — to show the world that if they can try to do this to him, they can do it to anyone,” a source who spoke to Trump told the Times.
Contra
A perp walk “is not going to happen,” former Secret Service special agent Bill Pickle told Insider, saying his “guess” is that Trump’s arrest “is going to be a much more sedate event than you envision.”
What We Don’t Know
When Trump will be arrested, if he is. While Trump had claimed on social media he was going to be arrested Tuesday—which his attorneys later clarified was speculation—that did not come to pass. The grand jury that will vote on his indictment will meet on Wednesday and more information about Trump’s indictment could come out after they meet, though it’s still unclear if they could vote then on whether he should be indicted. If the jury does vote on Trump’s indictment, his arrest would not come immediately after, as prosecutors and Trump’s legal team would likely then have to arrange the logistics of his surrender. CNN reported Tuesday Trump’s legal team is not expecting the ex-president to be arraigned until next week, though they were still unsure at that point of any exact timing.
What To Watch For
If Trump is arrested, he’s expected to appear in person in Manhattan, where he would be fingerprinted and have his mugshot taken before being arraigned and pleading not guilty to the charges against him. It’s highly unlikely he’ll be held in custody once he’s arrested, given New York bail laws that allow non-violent offenders to be released on their own recognizance unless they’re deemed a flight risk. It’ll then probably take a while before his case goes to trial, as legal experts cited by Reuters noted Manhattan criminal cases typically take more than a year to go to trial—potentially setting Trump up to be convicted during the 2024 election.
Key Background
Trump is expected to be indicted on charges stemming from “hush money” payments made to adult film actress Stormy Daniels during the 2016 election to cover up an alleged affair. Trump allegedly reimbursed his ex-attorney Michael Cohen for the $130,000 in payments to Daniels, but labeled the payments as legal fees, and it’s expected prosecutors will charge Trump with falsifying business records as a result. In New York, that can be a felony if it’s used to cover up another crime—as prosecutors are expected to argue was the case here—and legal experts cited by Insider speculate Trump could face a prison sentence of up to four years if he’s convicted. The Manhattan DA’s office initially investigated the payments to Daniels when its probe into Trump began in 2019, but prosecutors changed focus to instead look more broadly at the Trump Organization’s finances. That resulted in the Trump Organization and former CFO Allen Weisselberg being convicted for tax fraud, but the Times reported in November prosecutors then revived their investigation into the hush money payments, raising the possibility of charges being brought against Trump himself.
Further Reading
Trump wants to be handcuffed for court appearance in Stormy Daniels case, sources say (The Guardian)
Trump at Mar-a-Lago: Magical Thinking and a Perp-Walk Fixation (New York Times)
Here’s What Will Happen If Trump Is Arrested (Yes, He’ll Probably Get A Mugshot) (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2023/03/22/trump-reportedly-wants-to-turn-his-arrest-into-a-spectacle-complete-with-handcuffs-and-perp-walk/