Legal analysts have revealed what will happen next in court after former President Donald Trump was indicted by the Manhattan District Attorney’s office on Thursday night, with some saying that the former president will have to get his mugshot taken.
When someone is indicted, the charges are kept sealed by a judge until the defendant makes their first court appearance, analysts have said. It’s not clear what charges Trump faces as they’ve not been made public yet.
The Manhattan District Attorney Alvin Bragg’s office acknowledged late Thursday that Trump’s lawyers had been told about the indictment. “This evening we contacted Mr. Trump’s attorney to coordinate his surrender…for arraignment on a Supreme Court indictment, which remains under seal,” a spokesperson said in a statement. “Guidance will be provided when the arraignment date is selected.”
Trump’s lawyer, Joe Tacopina, told The Epoch Times on Thursday night that the former president is expected in New York City early next week for arraignment. He suggested that Tuesday, April 4, could be his arraignment date, coming two weeks after the initial arrest date that the former president had initially predicted.
According to a Bragg spokesperson, prosecutors and Trump’s legal team are negotiating a surrender date, when Trump would have to travel from his Florida home to the district attorney’s office in New York to be fingerprinted and photographed.
Trump would then make an initial appearance in court, where he would be formally charged. He would likely be allowed to head home afterward, experts said.
“He would be arraigned, face a trial date, and face a jury verdict just like anyone else,” said University of California, Berkeley law professor Andrea Roth in a statement. “He would have no more or fewer procedural protections than other defendants, and the state has the same powers—subpoena power, for example—it would normally have.”
She added: “Of course, the case will be high-profile, but other high-profile defendants have been successfully prosecuted. The defense attorneys will surely raise numerous issues, from intent to defraud to a statute of limitations bar, but that is also true in most high-profile cases. The New York case also has no formal consequence for the election; you can be an indicted or even convicted person and run for president. Eugene Debs, a Socialist candidate, ran from prison in the early 1900s.”
Former Harvard Law professor Alan Dershowitz told Newsmax earlier this month: “He will be mugshot and fingerprinted. There’s really no way around that.” But for Trump’s 2024 campaign, that could be a boost, he suggested, adding that Trump could use that photo as a campaign poster.
The U.S. Constitution does not bar a convicted felon from holding political office. It only lists three requirements: that the person is aged 35 or older, a natural-born American citizen, and has had to have lived within the U.S. for at least 14 years.
University Law Professor Craig Green told 6ABC that Trump “will surrender and be photographed, and fingerprinted, and he will make bail, and then he will leave the courthouse.” After that, he says that standard legal procedures would play out.
But some analysts have said that it’s not clear what the arraignment will look like. In some cases, a defendant is handcuffed and walked to the courthouse for arraignment in a process known as a “perp walk.” It’s not clear how that would proceed in the case of Trump, a former president who enjoys U.S. Secret Service protection.
Green, however, said that if the case ever makes it to a jury, it could prove to be more complex.
“If we ever got to a jury trial and he actually was supposed to go to jail, the timeline means this would be well after the election of 2024,” Green told the outlet. “So, at least it’s theoretically possible you could have a sitting president who would face state criminal charges and have to go to jail.”
In an ironic twist, Florida Gov. Ron DeSantis would typically have to give formal approval for an extradition demand in his capacity as governor. In a Twitter post on Thursday, the governor said he would not assist in any extradition request, calling the indictment politically motivated.
What Trump Might Do
John Banzhaf, a law professor at George Washington University, said that Trump’s lawyers could file a motion to dismiss the case on multiple legal grounds, likely arguing that it is based on a faulty legal theory that a misrepresentation of an alleged hush-money payment is not by itself a criminal act. They also likely will argue that charges against him—stemming from payments that were made in 2016—are barred by the statutes of limitations.
“Third, and perhaps most importantly, his lawyers will seek a dismissal based upon the argument of prosecutorial misconduct, and especially selective prosecution,” said a news release from Banzhaf’s office issued Thursday night. “In support they would point to the undisputed facts that several prosecutors (including Bragg himself once) who had reviewed the case declined to prosecute, and that there is no logical reason (e.g. newly discovered evidence) to suddenly reinvigorate what has been called a ‘zombie’ case now years after the facts became known.”
The former president also could argue that “selective enforcement” could be at play, which is when a district attorney or other prosecutors attempt to single out an individual for charges “when they generally choose not to charge other people who committed similar offenses,” the release said.
Reprinted with Permission from - The Epoch Times by - Jack Phillips
@ David Millikan, you said exactly. Two tier government. All those you mentioned got nothing for their crimes… but you forgot:RAID at Mare largo, FBI Stating NO witness (lawyers) could be in the room while they rummaged thru his personal effects. Bidens home was looked at w kit gloves. No charges. He stole those papers, he didn’t have any authority to take them. Papers out in the open. While Trump had his locked in a SECURE room. Trump had every right.Hillary: Sold URANIUM to Russia. TREASON.Biden should be impeached for every FAILURE he has committed. He is the worst leader America has. Stopping the keystone pipeline, allowing putin his gasline than he blasts it. And than begs foreign nations who don’t like him. SELLS our gas to our adversaries. Gets rich colluding. And he can’t be touched. No democrat has paid for their crimes. What a farse.When Trump returns to the White House I hope he cleans out all those criminals and their help. Kick Soros out of America or band him from entering America. We have alot of work. Those who Hates trump, the democrats just HELPED him get REELECTED. That’s what happens when they don’t think things out. Everything they’ve tried didn’t work out as they wished. It exposed them. And their supporters are just as stupid as their leaders.
WHY isn’t Hillary Clinton Locked Up? (Destruction of Government Property and Records to start with). (Lock Her Up!, Lock Her Up!)
WHY isn’t Obama Locked Up? (Long list of crimes including TREASON).
WHY isn’t Eric Holder Locked Up? (Contempt of Congress among many other crimes).
WHY isn’t pelosi and husband Locked Up? (Insider Trading to start with). [pelosi has to prove she’s innocent].
WHY isn’t General Milley Locked Up? (Court Martial for TREASON by willingly to notify Communist China if the U.S. attacks).
WHY isn’t Swalwell Locked Up?
(Colluding with Chinese Spy Agent)
WHY isn’t Maxine Waters Locked Up? (Inciting Violence Against Americans/Republicans).
WHY isn’t Feinstein Locked Up? (Insider trading to start with including Communist Chinese Spy driver for Decades).
WHY isn’t Schiff Locked Up? (TREASON).
WHY isn’t Schumer Locked Up? (TREASON).
WHY isn’t Nadler Locked Up? (TREASON).
WHY isn’t Liz Cheney Locked Up? (TREASON).
Each is GUILTY for Hundreds of CRIMES and TREASON.
WHY isn’t Beijing biden and Hunter Locked Up for ESPIONAGE and TREASON?
WHY isn’t Beijing Biden IMPEACHED and charged with TREASON?
Since the Democrats ‘ALL’ run off at the mouth that ‘Nobody is above the law’ and each one of the fore-mention is
GUILTY of ESPIONAGE and TREASON including INSIDER TRADING and INCITING VIOLENCE by protecting TERRORIST antifa and TERRORIST blm attacking Americans, Killing Americans, and Destroying cities.
Let us Not forget their ILLEGAL ALIEN TERRORIST INVASION (Costing U.S. taxpayers $BILLIONS per year since 1-20-21, that could be used for AMERICANS) that the Democrats ‘ALL’ support allowing MILLIONS of CRIMINALS, MENTALLY ILL, PEDOPHILES, and TERRORIST including releasing Communist Chinese Spies to enter the USA
ILLEGALLY which each person entering is a FELONY with each account punishable with 10 years in prison giving aid and comfort to Foreign enemies (TREASON).
WHY is PRESIDENT TRUMP the one being persecuted for something he is Not guilty of and there is NO crime not to mention the Statue of Limitations?
Democrats support Attacking the U.S. Constitution, Police, and Weaponization of the DOJ, FBI, and ALL Federal Agencies including Education.
Democrats love Election Fraud, Election Interference, Persecution of political opponents, Unconstitutional committees, Illegal Aliens, criminals by letting murderers and rapist go free, corruption, Communist China and Treasonous Acts putting the American people LAST by Attacking Americans for POWER and CONTROL no matter the cost by DESTROYING OUR COUNTRY (FASCISM).
Republicans support U.S. Constitution, American Flag, U.S. Citizen Voter Identification, Law and Order, Family Values, Free Speech, 2nd Amendment, Parents Rights, Education choices, SECURED BORDERS, ENERGY INDEPENDENCE, AMERICAN INDEPENDENCE, and
Because all that “Lock Her Up” rhetoric was phony. It sounded great at campaign rallies, but no one ever intended to act on it.
The answer probably is at least a taint of TRUMP is the biggest danger to the DemocRats in continuing to hang on to the POTUS spot in future governance. Trump is a danger to the DemocRats continuing to function as a disguised Communistic political function … whic h means no rules aloud that harm their deception and/or the choke hold on Trump.
Why did Trump pay Daniels $130k if there was no affair?
Why does congress have a tax funded slush fund for the same thing. Anyway he paid with his own money and it is not a crime.
Present Trump will not leave court house alive. Game is to know where your target will be and when.. Warning!!!!! They can’t beat Trump so kill him and take over govt and no one can stop them. These dems willl cheer the commie take over and no one can stop themFor me and mine I will fight for America will lose but still free. Veterans lock and load it is coming.
Dont wind up in a work camp. DEATH BEFORE SURRENDER. TRUMP FOREVER!!!!!
Who cares. CNN can obsess for weeks ( months). Trump has just been re-elected.
Game over. I thought we would have a routine primary season in 2024. It should be
cancelled. Trump is picking out White House furniture. The next question is who is his
running mate and Secs of Defense and State. It will be a boring next 2 years
Its tough for CNN and Fox to be denied a campaign season.
… I’m tole likelihood looms large, once the policy community has president Trump in custody, CIA people are going to do a Jeffery Epstein on him, stage a suicide for the mainstream media. Isn’t that the craziest story you’ve ever heard?
This indictment thing has Nanzi Pelozi, Barack Obama and Hillary Clinton, all over it. No room for argument, none of this would be happening, were the CIA not elbows deep in this indictment business. No teo ways about it, the CIA people want president Trump, dead-dead-dead. But, they need it to look, as tghough its from “natural causes”
Painfully evident, CIA people are the one’s responsible for the JFK assassination. Everyone knows, CIA is knee deep in this kangaroo court indictment –
This has guaranteed Trump’s relection.
Renomination, yes; reelection, I don’t see this changing any minds on either side.
I will be casting my vote for Donald Trump regardless of how this unjust circus turns out.
“NO PEOPLE WILL TAMELY SURRENDER THEIR LIBERTIES,
NOR CAN ANY BE EASILY SUBDUED, WHEN KNOWLEDGE
IS DEFUSED AND VIRTUE IS
– FOUNDING FATHER SAMUEL ADAMS
“AMERICA BELONGS TO WE THE PEOPLE “
It does not belong to Congress.
It doesn’t belong to special interest groups. It does not belong to the courts. It belongs to ‘We the People’…”
-FOUNDING FATHER JOHN JAY
“you suck” ? Wow. you are real mental giant. That’s the best you have ?
Usual troll alert.
The Biden Administration was fully informed and approved of this action Demoncrats are now showing the average American how evil they are and how low they’ll go to stay in power This must not stand.
I will vote for Donald J Trump even if I have to WRITE IN HIS NAME ON THE BALLOT!!!
The DEMOCOMMUNIST PARTY has PROVEN that Trump MUST WIN!
The real criminal is sitting in the white house. Voting for Trump? Absolutely.
I feel really sickened by this. However, the double standard mentioned in second comment seems to be more often according to one’s political affiliation, as many wealthy Democrats (Hillary Clinton and e-mail misuse while in office, the Biden Family’s dirty selling of US government information to the CCP, etc).
Too bad Alvin Bragg cares more about enriching and elevating himself than protecting the woefully many New Yorkers who have been attacked and murdered by thugs.
While I don’t find it surprising that DA Bragg, who like Letetia James the AG of New York State also campaigned on “Getting Trump!!!” as essentially his main campaign slogan, opted to indict Trump on what are essentially non-criminal actions that neither AG Merritt Garland’s DOJ nor even the SDNY federal prosecutors found NO MERIT in pursuing, that even after issuing the indictment the actual charges themselves remained sealed. Yet another deviation from the norm in cases where there is no flight risk. I suppose we all have to wait until next Tuesday, when Trump flies to New York City to go through this carefully crafted media circus being prepped by the Democrats to hear what the actual charges are. Expect wall to wall, non-stop media coverage being hyped non-stop all through what amounts to be a political show trial process identical to what is seen in every despotic 3rd world banana republic. The rule of law is formally dead in this country as of March 30, 2023. Stalin’s old quote of “Show me the man and I’ll show you the crime” is quite apt here.
Just as an aside to show how absurd all this is, the statute of limitations, if there was an actual crime here, which there isn’t one, would have expired years ago based on the subject matter that has been routinely leaked to the media all through Bragg’s Grand Jury process.
As Alan Dershowitz has stated and written on several occasions on this particular subject, there is simply no actual basis in the law for this case to exist. Which is why both AG Merritt Garland and the SDNY federal prosecutors both came to the same correct conclusion to NOT try and prosecute Trump on this nonsense. DA Bragg is simply attempting to create a crime where none exists for political expediency to aid the Democrat Party ahead of the 2024 elections and to make a name for himself in order to elevate himself within the Democrat Party. My sense is Bragg thinks this will ensure him either a future Attorney General spot in the next Democrat administration (possibly even replacing Garland) or a future spot on the Supreme Court, along with lucrative multi-million dollar book deals and media deals.
Mr. Bragg knows that it’s a huge leap from ‘More Likely than Not’ to ‘Beyond a Reasonable Doubt’.
I wouldn’t be surprised if most (if not all) of the charges are dropped before any trial takes place and that if there is a trial, the result will either be an acquittal or a hung jury.
From a political perspective, this indictment helps President Trump both to solidify his base and to raise money. It also shoots a pretty big hole in any political momentum that Ron DeSantis thought that he was gaining during the past few months.
Get the NEW book by Allen Dersherwitz “GET TRUMP.”
how did it take so many years when he’s committed so many bad crimes, the rich and famous and well connected can usually do whatever they want and get away with it. regular people can’t. an example is oj simpson when he murdered two people. he got away with it. if trump wasn’t rich he’d be in jail already
What bad crimes has he committed? All charges to date have proven to be false. What is YOUR agenda?
The case is total Leftist/Socialist/Communist caca de toro!
Does the DemocRat Party have any other” “case “????? If so, I haven’t heard of it in my adult life.