Harry Fletcher
Mar 22, 2023
content.jwplatform.com
Donald Trump appears to be at the centre of Manhattan District Attorney Alvin Bragg’s grand jury investigation into a hush payment made to porn star Stormy Daniels by Trump’s attorney Michael Cohen in 2016.
One person who definitely thinks he’ll be arrested is Trump himself.
The former president claimed he was going to be arrested on Tuesday and took to his Truth Social platform to call for protests to “take our nation back” – a post which has drawn comparisons to the words we heard in the build-up to the January 6 Capitol riots.
Tuesday came and went and nothing happened, barring a small number of Trump supporters gathering outside the court house in New York, so all eyes are now on Wednesday.
Bragg reportedly seems close to charging Trump, and now Bragg’s office contacted the president’s lawyers to offer an opportunity for voluntary testimony.
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This is a sign that multiple sources close to the investigation told The New York Times means that an indictment or multiple indictments are likely in the works.
So what would actually happen if Trump is arrested?
First of all, there will definitely be a Trump mugshot if he is indicted. In that scenario, Trump would be required to head to the district attorney’s office in downtown New York. In most cases of this profile, it’s up to the defendant and the prosecutors to decide when that would be.
Trump would need to pose for a mugshot and have his fingerprints takenGetty Images
Trump would also have his fingerprints taken before having the charges read before him in court.
That would all rely on Trump surrendering voluntarily, which his legal team has stated would be the case if he is charged. If he was charged and didn't surrender, then prosecutors could look to have him extradited from his home in Florida.
Some are also wondering what would happen to his potential 2024 bid for presidency, and this is where it gets pretty interesting.
Currently, there are no restrictions in the US Constitution preventing anyone indicted or convicted of a crime, or even currently serving time, from running for or winning the presidency. Even if he were tried and convicted, Trump could hypothetically still run the entirety of his presidential campaign from a prison cell.
However, if conviction on state charges were to occur alongside a Trump election victory, it would likely lead to a legal fight to determine whether there was a way for Trump to avoid serving time. If Trump was unable to avoid that outcome, it would almost certainly lead to his impeachment or removal via the 25th Amendment, which allows the Cabinet to remove a president who is unable to perform their duties.
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