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File image of Donald Trump speaking to reporters in 2019. Alamy Stock Photo

Fingerprints, mugshots and a court date: What comes next for Donald Trump after his indictment

He is expected to surrender for arraignment on Tuesday.

FORMER US PRESIDENT Donald Trump has slammed the decision to indict him over hush money payments made to a porn star, raging against prosecutors and his political opponents.

The historic indictment of the 76-year-old Republican – who denies all wrongdoing in connection with the payments made to Stormy Daniels ahead of the election that put him in the White House – is certain to upend the current presidential race in which Trump hopes to regain office.

“This is Political Persecution and Election Interference at the highest level in history,” he said in a statement.

“Even before I was sworn in as your President of the United States, the Radical Left Democrats – the enemy of the hard-working men and women of this Country – have been engaged in a Witch-Hunt,” said Trump.

In a five-paragraph statement released within minutes of the indictment news breaking last night, Trump vowed to take revenge as he plots to return to the White House in the 2024 election.

The former US president has survived two impeachments and kept prosecutors at bay over everything from the US Capitol riot to missing classified files – only to land in court over a sex scandal.

But what is likely to follow after his indictment?

Arraignment

While the exact nature of the charges is unclear because the indictment remained under seal, they stem from payments made during the 2016 presidential campaign to silence claims of an extramarital sexual encounter.

After the indictment of Trump, prosecutors said they were working to coordinate Trump’s surrender for arraignment, rather than an arrest, which could happen early next week.

At an arraignment, a defendant is presented with the charges facing them and generally enters a plea.

This arraignment will be open to the public and is anticipated to take place on Tuesday.

Prior to an arraignment, a defendant has their fingerprints and a mugshot taken.

A judge then decides whether they should be released on bail or taken into custody.

Prosecutors did not say whether they intended to seek prison time in the event of a conviction, a development that would not prevent Trump from seeking and assuming the presidency.

However, some legal experts believe a fine would be more probable and that time spent behind bars is very unlikely.

Extra security has been in place for days around the Manhattan courthouse where Trump is expected to make his first appearance.

Manhattan district attorney Alvin Bragg, a Democrat, said his office has been in touch with Trump’s attorneys to “coordinate his surrender” for arraignment in New York at a future date.

Trump had been asked to surrender today but his lawyers said the Secret Service needed additional time as they made security preparations, said two people familiar with the matter.

The people, who could not publicly discuss security details, said Trump is expected to surrender early next week.

Some suspects are escorted to court in handcuffs, but this is unlikely for Trump.

It’s also unlikely that there will be a perp walk through the court’s front door, and that Trump will instead be ushered in through the back door.

However, Trump is believed to have previously told associates that he would welcome the idea of being paraded by the authorities before a frenzy of reporters and news cameras.

Extradition?

Trump, who insists he is “completely innocent,” could refuse to surrender to the New York authorities, forcing them to seek his extradition from his Florida residence.

Florida Governor Ron DeSantis, a potential Trump rival for the 2024 Republican presidential nomination, said that his state would “not assist in an extradition request.”

Legal experts said any attempt to fight extradition would at best result in a delay and Trump would eventually have to appear in New York to face the charges.

After the plea

Once Trump is arraigned and enters a plea, there will be a series of preliminary court hearings to set a date for a trial and decide on witnesses and evidence.

A defendant can avoid going to trial by entering into a plea agreement with prosecutors, in exchange for a lighter sentence, for example.

Given Trump’s proclamations of innocence that is unlikely.

2024 White House Bid

Trump can – and undoubtedly will – pursue his 2024 White House campaign despite facing criminal charges.

Nothing in the Constitution prevents someone from running for president while facing charges, and even a conviction would not bar them from the nation’s highest office.

The 14th Amendment does prohibit anyone who has “engaged in insurrection or rebellion” from holding elected office.

The House of Representatives impeached Trump for “incitement of insurrection” for the January 6, 2021 attack on Congress by his supporters, but he was acquitted by the Senate.

A special counsel is currently looking into Trump’s role in the 6 January assault on Congress and the former president could still potentially face charges on that front.

-With additional reporting from Diarmuid Pepper

Author
AFP
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