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Strategies & Market Trends : 2026 TeoTwawKi ... 2032 Darkest Interregnum -- Ignore unavailable to you. Want to Upgrade?


To: TobagoJack who wrote (197531)3/21/2023 6:14:07 AM
From: TobagoJack  Respond to of 217738
 
Re <<Trump>>

wsj.com

How a Potential Indictment and Arrest of Donald Trump Could Unfold

Security issues could affect any arrest and court appearance involving the former president

By Corinne RameyFollow
and James FanelliFollow

March 21, 2023 at 5:30 am ET
The Manhattan grand jury hearing evidence about Donald Trump’s role in a payment to a porn star appears to be wrapping up its work, indicating that prosecutors could soon ask jurors to vote on an indictment of the former president.

A grand jury indictment would kick off a process in which Mr. Trump would likely travel to Manhattan to face charges. Here is how that could play out.

If the grand jury votes to indict Mr. Trump, what happens next?

An indictment and an arrest warrant would be filed under seal with the court before becoming public. Prosecutors would notify Mr. Trump’s lawyers of the sealed indictment and negotiate a time and date for his surrender. The indictment would remain sealed until after Mr. Trump was formally arrested and booked.

“We won’t see a copy of that indictment or know definitively what the charges are until he is arraigned by a judge,” said Karen Agnifilo, a former prosecutor in the Manhattan district attorney’s office.

What happens if Mr. Trump surrenders?

A defendant who is allowed to surrender typically reports at an agreed-upon date and time to the Manhattan district attorney’s office, which is attached to the Manhattan criminal courthouse. Detective investigators from the district attorney’s office then arrest the defendant.

If he were to surrender and be arrested, Mr. Trump would likely have his fingerprints scanned, his photograph taken for a mug shot and be interviewed by detective investigators who would make an arrest report.

“And he would be issued a rap sheet reflecting this arrest, like every other person who is arrested and fingerprinted in this country,” said Ms. Agnifilo.

After being processed, defendants are typically taken to a holding cell next to a courtroom to await arraignment. Mr. Trump would likely receive some special accommodations out of security concerns and skip any wait on his arraignment, Ms. Agnifilo said.


Donald Trump has denied any wrong doing.Photo: Andrew Harnik/Associated Press

Donald Mihalek, a retired senior Secret Service agent, said the Secret Service and its agents are obligated under federal law to protect the former president in all settings, so they would be with him throughout the booking process and arraignment. The Secret Service would also likely turn the courthouse into a protective zone and bring Mr. Trump through a secure access point, said Mr. Mihalek, who served on the security details of former Presidents George W. Bushand Barack Obama.

“My experience tells me, working with the court, the U.S. Secret Service would want this to be a well-choreographed event, probably with as little fanfare as possible and probably done as quietly as possible,” he said.

Will Mr. Trump be handcuffed?

That is what typically happens when a defendant surrenders. However, it is unclear if an exception would be made in Mr. Trump’s case. Mr. Mihalek said that the Secret Service, court officials and the district attorney’s office would likely discuss ahead of the surrender whether Mr. Trump could be handcuffed. Ms. Agnifilo and Mr. Mihalek said that they thought handcuffing would be unlikely.

What happens in court?

During a court appearance, a judge would ask Mr. Trump to enter a plea to the charges in the indictment. Mr. Trump, as most defendants, would almost certainly plead not guilty. Prosecutors and Mr. Trump’s lawyers might also discuss scheduling matters and the process by which prosecutors would hand over evidence, known as discovery, to the defense.

If charged with a low-level felony, Mr. Trump would likely be released on his own recognizance. He could be back in his Florida residence that same day.

When will Mr. Trump go to trial?

Cases in New York take months, and often more than a year, to go to trial. While the case is pending, lawyers would likely file legal briefs and argue over what evidence jurors would be allowed to hear.

Mr. Trump’s lawyers almost certainly would seek to have any case dismissed before trial, on the grounds that the charges are untimely and improper. They could also file motions asking the trial be held outside Manhattan because of what Mr. Trump may perceive as jurors who might judge him unfairly for political reasons.

Write to Corinne Ramey at corinne.ramey@wsj.com and James Fanelli at james.fanelli@wsj.com



To: TobagoJack who wrote (197531)3/21/2023 6:46:27 PM
From: carranza2  Read Replies (2) | Respond to of 217738
 
Napolitano correctly states the law and the facts.

My expertise in criminal law is minimal, but one thing that strikes me that Napolitano did not discuss is whether Trump can be indicted for a misdemeanor or a felony when his motives for paying off the porn star might have been mixed - to ward off his wife's ire and to make an illegal political contribution.

He should have paid her out of petty cash, be done with it. Get a release and a NDA written on a napkin. I'm exaggerating but he did show abysmal judgment by getting lawyered up, release/settlement documents signed, etc. In other words, leaving a trail of evidence even a blind man could follow.

And why trust a sleaze like Cohen to do your dirty work for you? And why such a complicated scheme?

What happened to hooker's reputed discretion? He bought it with an NDA.

Anyway, Trump obviously sees this as great fun, another media firestorm. Media firestorms are the mother's milk of politics, and he was starting to run dry.

I expect he welcomes the charge.

I do not know how much real legal jeopardy he might be in. As Napolitano explained, there is room for him to be charged with a felony.

He wants to excite the base. And I can see how his base will be exorcised as the crime is clearly political, six years old, etc. Anyone else would have not been prosecuted or would have been given a plea deal early on.