BUSINESS INSIDER
Donald Trump was indicted.
Yes, again.
This time, it’s much more serious.
In April, the Manhattan District Attorney’s office accused him of falsifying business records in payments to porn star Stormy Daniels to keep her quiet ahead of the 2016 election about an affair she said she had with him.
This second case was brought by federal prosecutors, led by Special Counsel Jack Smith. His team investigated Trump’s hoarding of government documents at his home in Mar-a-Lago after leaving the presidency.
No former president has ever been charged with a crime before, much less twice, much less by a branch of government he once led, and is campaigning to lead again.
We’re in uncharted territory. Here are some questions you may have, and the best answers we have right now.
Will Trump be arrested again?
Yes. If you’re criminally charged, you get taken into custody and need to appear in court. That’s how it works.
With a high-profile defendant like Trump, where there’s a low chance he’ll react with violence against the people arresting him, it makes sense for prosecutors to give his lawyers a heads-up.
That’s what happened on Thursday, when Justice Department attorneys told Trump’s legal team he was indicted. Trump posted on Truth Social that he’ll appear in federal court in Miami on Tuesday afternoon, where he’ll appear before a judge.
Trump is unlikely to flee, considering he’s running for president, is extremely recognizable, and is followed everywhere by Secret Service agents, so don’t expect him to be held in jail before trial. It’s also unlikely he’ll have any sort of bail requirement, though it’s possible he’ll need to get permission from a judge before traveling internationally.
What about a mugshot?
Maybe. The Justice Department generally takes mugshots of criminal defendants. But it’s their policy to not release them. So we wouldn’t see a mugshot if they do take one.
“They generally do a mugshot when you’re taken into custody,” Tamara Holder, a Florida-based attorney and legal commentator, told Insider. “There’s no law that it’s required, but it’s certainly part of the process and procedure.”
The department might opt not to take a mugshot at all. That’s what happened in Trump’s Manhattan case, where the district attorney’s office chose not to take one.
Trump probably won’t be handcuffed when he appears in court, considering he poses little security risk with the US Marshals Service and his Secret Service agents standing by. The US Secret Service and Trump’s staff were reportedly scheduled to meet on Friday to discuss the arrangements.
The district attorney’s office didn’t have Trump handcuffed in the Manhattan case. New York Rep. George Santos — another politician indicted on federal charges — also wasn’t cuffed when he made his first court appearance, last month.
OK fine — but will we get any pictures?
Sorry, but probably not.
Federal courts tend to be very strict about electronic devices and recordings, including photos.
The District Court of Southern Florida, where the arraignment will be taking place, in particular, requires even credentialed journalists to “agree in writing to not record or transmit in any way audio, still photography, or video from anywhere inside courthouses nor from inside courtrooms.”
Trump’s Manhattan case happened in state court, where photography is allowed at the judge’s discretion. In that case, the judge allowed a small group of designated pool photographers to take pictures for about one minute after Trump was seated before him.
But, hey, we’ll probably get some very cool court illustrations.
Will the Secret Service stay with him if he goes to prison?
Why Florida?
We don’t know. Smith had paneled a grand jury in Washington, DC, that appeared to be moving swiftly before witnesses were suddenly giving testimony before grand jurors in Miami instead.
Ultimately, such jurisdictional issues are up to prosecutors and judges, who may decide to move the cases elsewhere.
According to Holder, the fact that Smith brought the case in Trump’s “safe haven” of Florida — a right-wing stronghold — may serve to undermine Trump’s accusations that the Justice Department is conducting a politically motivated prosecution.
“So now all of a sudden the Biden administration is in Friendly Florida, where Mar-a-Lago rests, and Ron DeSantis is taking away the land rights of Disney,” Holder said. “I mean, come on, you couldn’t find a more friendly place than Florida for someone like Donald Trump.”
How is this going to play out?
Great question.
The Justice Department will almost certainly push to have a trial wrapped up as quickly as possible before the 2024 election. If Trump wins in 2024, holding a criminal trial would get into even deeper uncharted territory and raise untested constitutional questions about the separation of powers and the ability for Trump to pardon himself.
But Trump’s lawyers will have trouble scheduling this case. The Manhattan district attorney’s trial is scheduled for March. A separate civil New York Attorney General case over the Trump Organization’s finances is scheduled to go to trial in October. And he also has a civil trial over his involvement in an alleged multi-level marketing scheme scheduled for trial in Manhattan federal court in January. And that’s not to mention the other criminal investigations and pending civil cases.
Judges typically loathe moving a trial date once it’s already scheduled, but ultimately it’ll be up to them to manage their dockets and court calendars.
