Former US President Donald Trump will appear in a Manhattan court on Tuesday to face charges related to falsifying business records in a hush-money investigation. The former US president becomes the first American president to be charged with a crime.
The real estate mogul-turned-politician is expected to plead not guilty in front of Judge Juan Merchan, the judge who will be presiding over the case. Trump has questioned the legitimacy of Merchan and claimed that he is hated by the judge.
The courtroom will not entertain TV cameras and only five photographers have been asked to join the proceedings. Mediapersons will be allowed to cover the event but Merchan said that even though he understands the gravity of the proceedings, there are competing interests.
The former president hired a new lawyer Todd Blanche, who will join his legal team Susan Necheles and Joseph Tacopina in Tuesday. Blanche earlier represented Trump campaign adviser Paul Manafort in a separate case.
Here is what to expect from the case, according to the Associated Press:
WHAT’S THE PLAN?
Trump is scheduled to face the judge at 2:15pm (local time). He will drive to the Manhattan criminal courthouse which is 6.5kms from Trump Tower, where he arrived on Monday evening from his Mar-a-Lago estate.
WILL THERE BE A “PERP WALK”?
No. So-called perp walks happen when a criminal suspect is taken in handcuffs out of a police precinct and then driven to the courthouse. But Trump won’t be going to a police precinct.
According to the Associated Press, the former president arranged a surrender with the district attorney’s office and will head straight to the court, skipping a police station entirely.
The report pointed out that it is unlikely that people will get to see him going into court, unless he wants to be seen.
The news report said Trump may not be seen because there are underground entrances, side doors and tunnels in and around the Manhattan courthouse.
WHAT HAPPENS AFTER HE SURRENDERS?
Trump will get booked. Here’s what that means: Before computers, information on every criminal suspect would be written down in a big book kept by court officials.
Now, it’s all computerized, but the process is largely the same. Court officers will take down Trump’s full name, age, birthdate, height and weight.
They’ll check to see if the former president has any outstanding warrants. They’ll take his fingerprints — but they won’t roll his fingertips in ink; these days that’s done by computer, too.
Officers will roll each fingertip on a computerized system that records the prints. They may take his photo, known as a mug shot.
In New York, this process usually takes about two hours, but can be as long as four. Then he goes before a judge.
WHAT HAPPENS IN THE HEARING?
An arraignment is a hearing in which the indictment will be formally unsealed and the charges will be read aloud, though Trump could request to wave the public reading.
He will be asked how he pleads to the charges and he will answer “guilty” or “not guilty.”
And Trump’s attorneys Joe Tacopina, Susan Necheles and Todd Blanche will work with the judge and the district attorney’s office to set a date for the next time he’d be back in court.
The judge has ruled that news photographers would be allowed to take photos of the former president at the start of his arraignment.
WILL HE BE ARRESTED?
Technically, yes. When he’s fingerprinted and processed, he’s considered under arrest and in custody.
But it won’t look like what it does in the movies or on TV’s “Law & Order.” He won’t be handcuffed and he won’t sit in a jail cell, in part because parts of the courthouse will be cleared out for his arraignment — and because Trump is a former president with Secret Service protection.
Not all defendants are handcuffed before they appear before a judge for an arraignment, though some are.
IF THERE IS A MUG SHOT, WILL IT BE MADE PUBLIC?
It depends. In New York City, mug shots aren’t generally made public.
They are taken by the law enforcement agency that makes the arrest.
There are situations where a judge could make the photo public in response to a public records fight. It could also get leaked, too.
WILL TRUMP WALK OUT OF THERE?
In all likelihood, yes. New York’s bail laws have been overhauled over the past few years, meaning Trump would be released without bail because the anticipated charges against him don’t require that bail be set.
But it’s possible that Judge Juan Merchan could decide that Trump is a flight risk and order him held in custody, with or without bail.
Trump’s lawyers would argue that the former president’s ties to the US are strong, and because he’s a presidential candidate, he has no reason to flee and should be allowed to leave.
WHAT HAPPENS NEXT?
The judge and legal teams will set dates for the next hearing and deadlines for discovery, in which the district attorney’s office must turn over all its information to Trump’s lawyers, and motions, which include any requests to shift the venue or dismiss the case outright.
That process usually takes months. Tacopina has said he needs to read the indictment first and research before he decides what to do on a change of venue or any motions to dismiss, though it would be very common to file one.
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