Donald Trump, the only past president ever charged, is scheduled to make his first judicial appearance in Manhattan on Tuesday at a sentencing hearing.
It’s the next move in a probe into secret payments made to adult film actress Stormy Daniels prior to the 2016 election to hide a claimed sexual affair.
Trump fans, demonstrators, and media from around the globe are anticipated to congregate outside the Lower Manhattan courtroom in the hours leading up to the trial hearing.
Trump’s Secret Service team is working with local and federal law enforcement to guarantee that he can approach the courtroom securely amid the crowds.
What you need to know about the judicial procedures — and what occurs next — is outlined below.
WHAT TO KNOW
What exactly is an arraignment?
A hearing is a person’s first presence in front of a court after being charged with a crime.
“It’s when the accused is informed of the charges and his rights as a defendant,” said Anna G. Cominsky, a New York Law School scholar.
Will Trump be detained?
He will be arrested, but not in the way that criminals are hauled out of their houses in shackles as seen on TV. Instead, Trump and his lawyers have worked with authorities to organize his submission. That implies Trump will surrender, allowing the detention and following processing to take place behind closed doors.
Trump traveled from his Florida residence to New York on Monday. He intended to spend the night in his Trump Tower condo and submit before the trial hearing on Tuesday.
What will occur during Trump’s arraignment?
The meeting will most likely be short. Prosecutors may describe sections of their case before allowing Trump’s lawyers to talk. At their arraignments, defendants typically submit a “not guilty” statement, though some consent to plead guilty at this early stage.
Trump has disputed any misconduct and is anticipated to enter a not-guilty plea, either personally or through his counsel.
The court will decide the terms of Trump’s release at the hearing, including whether he can be released with no limitations, known as being released on personal recognizance.
According to Cominsky, he will most likely be freed without bond on Tuesday afternoon because he has no previous crimes and is not suspected of perpetrating a dangerous crime.
How will Trump make his way into the courtroom?
The general population is not aware of this yet, and this is done on purpose for security purposes.
A law enforcement source engaged in the preparation said that Secret Service officers visited the Lower Manhattan courtroom on Friday to plot Trump’s entrance and departure from the facility.
They planned his path from his private residence in Trump Tower to the courtroom on Tuesday morning, according to the source.
The Secret Service expects Trump to approach and leave the facility in a manner that is not apparent to the public for his own safety.
Agents could choose to have Trump approach through an external door, hiding him from public view, but they were moving toward taking him in through a secret entrance, where he could not be seen from the street.
Advance officers who visited the courtroom on Friday found several safe and underground entries that have been used by judges, confidential witnesses, and some high-profile suspects that they may use for Trump.
Will the hearing be broadcast on television?
Nope. State proceedings in New York are almost never broadcast, and the judge handling Trump’s appearance turned down an official request from press groups to have television cameras in his courtroom late Monday.
However, there will be pictures. The court said he would allow five press cameras to capture Trump’s arrival, but they would have to depart once the hearing started.
He also granted permission for TV cameras to be installed in the halls of the Manhattan courthouse where Trump will submit, but he stated that reporters would not be permitted to bring electronic recording devices into his courtroom or “overflow” chambers in the building.
More information about the judge’s decision and its consequences can be found here.
Will a police picture of Trump be released?
Trump is anticipated to be handled like any other suspect, including a mug photo and identification, once he surrenders. However, the administration is unlikely to share the photograph.
In 2019, New York Gov. Andrew M. Cuomo (D) prohibited the publication of mug photos unless there is a particular need for law enforcement purposes.
What occurs following the arraignment?
According to Cominsky, this will become apparent on Tuesday afternoon. At a normal sentencing hearing, the judge establishes the date for the next court meeting and informs the parties about the nature of that hearing.
What follows a grand jury investigation?
From inquiry to punishment, the usual stages in a criminal case.
Who is the judge in charge of the judicial proceedings?
The matter has been given to New York Supreme Court Justice Juan M. Merchan. He was also in charge of the grand jury that charged Trump last week.
Merchan, who has been on the New York bench since 2009, ruled over Trump’s eponymous real estate company’s jury trial last year, which ended in a December conviction, as well as the indictment of the company’s longstanding top financial officer, Allen Weisselberg.
Trump struck out at Merchan on social media on Friday, proclaiming that the judge “HATES ME.” However, one of Trump’s lawyers, Joe Tacopina, stated on television over the weekend that he does not think the judge who presided over Trump’s charge is prejudiced.
“Do I believe the judge is prejudiced?” “Of course not,” Tacopina responded. “How can I believe that when I haven’t had any interactions with the judge that would lead me to believe he’s biased?”
Will the lawsuit be tried?
The case will go to trial unless Trump strikes an agreement with lawyers or the accusations are dropped. The trial’s commencement date has yet to be determined. And keep in mind that court procedures are notoriously sluggish.
Why was Trump charged?
Because the accusation has not yet been released, the allegations will not be made public until the court meeting on Tuesday afternoon.
The accusation against Trump is thought to involve a payment made to Stormy Daniels, an adult film star, prior to the 2016 presidential election to keep her from openly addressing an affair she claimed she had with Trump years earlier.
Can you compete for president while imprisoned?
Yes, technically — and it’s been done before. While running for president from a prison cell could be difficult strategically and practically, there is nothing in the Constitution that prevents Trump from doing so.
After being found guilty of treason and imprisoned in the federal jail in Atlanta for speaking out against conscription during World War I, Eugene V. Debs campaigned for president as a Socialist in 1920. Outside the prison, his fans circulated pictures of Debs in inmate jeans, as well as “Prisoner 9653” campaign badges.
Debs got 913,693 ballots but did not obtain any electoral college votes.
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