Topline
Former President Donald Trump will surrender to law enforcement and be arraigned on Tuesday after he was indicted on charges stemming from his alleged “hush money” payments to adult film actress Stormy Daniels—though he won’t be held in custody or be forced to end his presidential campaign.
Former President Donald Trump leaves Trump Tower in Manhattan on May 18, 2021 in New York City.
Key Facts
When Will Trump Surrender? Trump will surrender to authorities on Tuesday and is set to be arraigned Tuesday afternoon in Manhattan at 2:15 p.m., after he traveled to the city Monday from his Mar-A-Lago estate in Florida.
What Has Trump Been Indicted For? Trump has reportedly been indicted on 34 counts related to falsifying business records tied to the hush money payments to Daniels—as he allegedly reimbursed ex-attorney Michael Cohen for paying Daniels through the Trump Organization, labeling the charges as “legal fees”—which can be a felony in New York if they were falsified to cover up a crime, as prosecutors reportedly allege in the indictment.
Could He Go To Prison? The expected charges against Trump could carry a prison sentence of up to four years if he’s convicted, though a law enforcement official cited by Yahoo News noted it’s unlikely Trump will face prison time as a first-time offender.
When Will We See The Indictment? The indictment is now filed under seal, and it’s not expected to be made public until Trump’s arraignment in court Tuesday.
What Happens Once Trump’s Taken Into Custody? Trump will be booked and have his fingerprints, DNA and other information taken before he’s formally arraigned and appears in court, where his attorneys have confirmed he’ll plead not guilty.
Will Trump Be Handcuffed? While Trump had reportedly expressed interest in making his arrest into a “spectacle” complete with a “perp walk,” his attorneys have since said he will not be handcuffed.
Will Trump Get A Mugshot? While a mugshot was initially expected, multiple outlets have reported that Trump having one now seems unlikely, with sourced cited by CNN noting the president’s appearance is already widely known and there are concerns about the mugshot being leaked.
Will Trump Be Held In Custody? Trump is almost certain to be immediately released once he’s arraigned, particularly under new bail rules in New York that allow people who are indicted on misdemeanor charges or non-violent felonies to be released on their own recognizance without bail unless they’re deemed to be a flight risk—and the New York Times reports he’s likely to be held in an interview room rather than a holding cell ahead of his arraignment.
Will Trump’s Arraignment Be Broadcast Live? No—the judge overseeing the case ruled Monday that no news cameras or electronics like cell phones and laptops will be allowed in the courtroom during Trump’s arraignment, though news outlets will be allowed to take photos for a few minutes before the arraignment begins.
Could A Gag Order Be Put On Trump? Legal experts have speculated it’s possible the judge could impose a gag order on Trump—possibly as soon as at his arraignment Tuesday—that would restrict what he can say publicly about the case, particularly in light of security concerns as he’s lashed out against prosecutors, which could be punishable by a $1,000 fine or 30 days in jail if he violates it.
When Could Trump Be Convicted? Manhattan criminal cases typically take more than a year to go to trial, experts cited by Reuters note, so Trump’s trial likely wouldn’t be for a while—possibly until the 2024 election season is well underway, or even after the election takes place, which Reuters notes would be uncharted legal territory if Trump were tried on state charges as president or president-elect.
Will He Be Convicted? It’s still hard to speculate on the case before the indictment’s been released, but legal experts have cast some doubt on the legal theory that prosecutors are expected to use and other aspects of the case, such as relying on Cohen as a witness when he’s been convicted of making false statements in the past—and openly has an axe to grind against Trump—and potential issues with the statute of limitations in the case.
Will The Indictment Affect Trump’s 2024 Run? Being indicted or even convicted wouldn’t stop Trump from becoming president on its own, as legal experts have noted there are no restrictions in the Constitution that bar people from becoming president if they’ve been indicted—though if Trump becomes a convicted felon, he could face restrictions on being able to vote for himself.
Can He Still Be Indicted In Other Investigations? Yes, the charges in Manhattan will not stop prosecutors in Georgia or the Justice Department from bringing other charges against Trump in separate investigations—though Bloomberg notes charges in multiple cases may slow down court proceedings and stretch any trials further into the 2024 election season.
What We Don’t Know
Trump is the first former president in U.S. history to be criminally charged, so there’s still a lot of uncertainty about how the process will play out and how any charges against him could be handled differently from typical criminal prosecutions. It also remains to be seen whether the Manhattan charges will be just the first in a series of charges Trump will face, as the former president also remains under investigation in Georgia for his efforts to overturn the 2020 election and by the Justice Department in two investigations related to the 2020 election and him bringing White House documents back to Mar-A-Lago.
Chief Critic
Trump has railed against his indictment, calling it “Political Persecution and Election Interference at the highest level in history” in a statement Thursday. “The Democrats have lied, cheated and stolen in their obsession with trying to ‘Get Trump,’ but now they’ve done the unthinkable — indicting a completely innocent person in an act of blatant Election Interference,” Trump said. The ex-president intends to make a further statement following his arraignment Tuesday night from Mar-A-Lago.
Key Background
The Manhattan DA’s office has been investigating Trump and the Trump Organization’s finances since 2019. The investigation was initially focused on the hush money payments to Daniels, which were made ahead of Trump’s 2016 election to cover up her alleged affair with the then-candidate, but prosecutors later put that to the side and pursued a broader inquiry into the Trump Organization’s finances. That led to the company and former CFO Allen Weisselberg being indicted and ultimately found guilty of criminal tax fraud. No criminal charges were brought against Trump directly for those crimes, however, and while prosecutors initially appeared to shelve their criminal case against the ex-president, the New York Times reported in November that DA Bragg had revived the investigation into Trump and was now focused again on the Daniels payments, which Trump allegedly reimbursed Cohen for after he was already in the White House. Speculation began that Trump’s indictment was imminent a few weeks ago, with Trump claiming without evidence that he was going to be arrested on March 21. While that didn’t come to pass and the grand jury initially appeared to be pausing its work on the investigation, reports emerged Thursday that the jury had voted for Trump’s indictment.
Further Reading
Trump Indicted By Manhattan Grand Jury—Arraignment Expected Tuesday On Over 30 Charges, Reports Say (Forbes)
Trump Charged With Felony In N.Y. Indictment, Report Says (Forbes)
Will Trump Get Gag Order In Manhattan DA Case? Here’s What That Would Mean—And Why It Could Land Him In Prison (Forbes)
Trump’s Criminal Charges To Be Overseen By Same Judge Who Sentenced His Company For Tax Fraud—And He’s Not Happy About It (Forbes)
Trump’s Arraignment: No News Cameras Inside Courtroom During Hearing, Judge Rules (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2023/04/04/trump-to-be-arrested-tuesday-in-manhattan-heres-what-will-happen-next/