Police and court docket safety on the Manhattan Criminal Court, the place former President Donald Trump is scheduled to be arraigned on Tuesday.

John Minchillo/AP

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John Minchillo/AP

Police and court docket safety on the Manhattan Criminal Court, the place former President Donald Trump is scheduled to be arraigned on Tuesday.

John Minchillo/AP

Former President Donald Trump is en path to New York City to give up himself to authorities after his historic indictment by a Manhattan grand jury.

The prices, that are anticipated to stay below seal till Trump’s arraignment Tuesday, relate to his alleged position in protecting up hush cash paid to grownup movie actress Stormy Daniels within the days earlier than the 2016 presidential election.

For months, a 23-person grand jury heard proof of the previous president’s position within the hush cash scheme, together with testimony from Daniels and Trump’s former private lawyer, Michael Cohen. Ultimately, greater than half of the jurors have been satisfied there was affordable trigger to imagine that Trump dedicated a criminal offense, resulting in his indictment Thursday.

Trump has denied any legal wrongdoing and is anticipated to plead not responsible. “On Tuesday morning I will be going to, believe it or not, the Courthouse,” he wrote on Truth Social. “America was not supposed to be this way!”

A court docket look for the historical past books is scheduled for two:15 p.m. Tuesday, the place the legal prices in opposition to the previous president will likely be unsealed.

“This is the first time that it really seems likely that the former president of the United States will be having a mugshot, being fingerprinted,” presidential historian Douglas Brinkley told NPR’s Morning Edition. With Trump additionally dealing with a handful of other ongoing criminal cases, “we’re in for a very rocky spring,” Brinkley stated.

Trump will likely be arraigned in particular person

An arraignment is a legal defendant’s first court docket look. For a traditional defendant, that is normally when one would seem for pictures, fingerprints and arrest paperwork, a course of that typically takes several hours behind closed doorways.

Then, defendants go earlier than a choose to listen to the fees in opposition to them. Defendants can enter a plea, most frequently “not guilty,” at this stage within the legal course of.

Two of Trump’s legal professionals told Reuters on Friday that he won’t be handcuffed when he arrives, and plans to enter a not responsible plea.

Manhattan District Attorney Alvin Bragg has stated repeatedly that the justice system ought to deal with a former president the identical means as some other defendant, a suggestion that Trump could must undergo most of the typical steps of an arraignment.

Even so, his standing as a former president is anticipated to pose some uncommon logistical challenges. He has a big authorized workforce and a Secret Service element. Protests are anticipated. There will likely be media consideration. And all of that may occur alongside the on a regular basis operations of a busy state court docket workplace.

“There’s a lot of external factors that just don’t happen for 99.99% of the cases we have,” stated former Manhattan District Attorney Cyrus Vance in an NPR interview on Sunday. “It will be a real challenge for the [police department], the court officers, investigators in our office to ensure that things function safely and smoothly.”

It’s anticipated {that a} choose will decide that Trump doesn’t pose a flight danger. After the listening to, Trump will likely be free to go away. He plans to right away return to Florida, the place that evening he’ll give a speech, his marketing campaign introduced Sunday.

The case may go to trial

A legislation enforcement officer waves at former President Donald Trump as he arrives at Palm Beach International Airport in West Palm Beach, Florida, on Monday.

Chandan Khanna/AFP by way of Getty Images

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Chandan Khanna/AFP by way of Getty Images

A legislation enforcement officer waves at former President Donald Trump as he arrives at Palm Beach International Airport in West Palm Beach, Florida, on Monday.

Chandan Khanna/AFP by way of Getty Images

Trump’s indictment raises loads of distinctive authorized and political questions, given his former job and the truth that he is at present campaigning to carry the workplace once more.

But he is nonetheless entitled to the identical due course of as everybody else, says Kim Wehle, a former assistant U.S. lawyer and now a legislation professor on the University of Baltimore.

When requested in regards to the potential prices in opposition to him and penalties they might carry, she says that is “way, way down the line,” telling All Things Considered there are many hurdles to get by first.

“There are a lot of procedural, evidentiary and constitutional protections in place to make sure that that far-off question is fairly adjudicated,” Wehle provides.

Key to a trial would be the energy of the proof offered by prosecutors, authorized specialists stated. Another issue would be the jury, stated Michael Gerhardt, a legislation professor on the University of North Carolina.

“This ultimately will be decided not in the court of public opinion, but it will be decided by those 12 people,” Gerhardt told Weekend Edition. “Mr. Trump’s lawyers will be there every step of the way, and they’ll have to make sure that the jury is fairly chosen and that the jury does its job.”

In Manhattan, the place Trump received solely 12% of the vote within the 2020 presidential election, it may very well be difficult to search out jurors who do not have already got a damaging opinion of him, stated Matthew Galluzzo, a former prosecutor within the New York County District Attorney’s Office.

“If I had to pick which side to be on, and I had to win to save my life, I would probably choose to be on the prosecution’s side simply because the jury pool in Manhattan is so incredibly against Donald Trump,” he stated in an interview with NPR.

That trial may not occur for some time

Galluzzo expects protection attorneys to argue that it will not be honest for Trump to get a good trial in Manhattan and push to have it moved someplace else.

And he does not suppose that is the one pretrial movement Trump’s workforce will make.

Most related circumstances would most likely take a yr to get to trial, Galluzzo says. He expects that Trump’s technique will likely be to delay that course of as a lot as potential.

“If he can push this thing back until after the election then he can effectively win the trial that way,” he says.

He says it is theoretically potential to delay a case for 2 or three years, utilizing motions and appeals.

But the one factor he isn’t anticipating to see is a settlement deal reached by the 2 events.

“They’re not going to make him an offer that he would accept,” he provides. “And I think more than anything he probably wants that public stage to play the victim, to have an audience.”