Donald Trump, the former U.S. president and front-runner for the Republican nomination in 2024, will appear in court on Tuesday to be fingerprinted, photographed and formally charged in a watershed moment ahead of next year's presidential election.
Indicted last week, Trump is the first sitting or former president to face criminal charges, over a case involving a 2016 hush-money payment to porn star Stormy Daniels. He has denied any wrongdoing and repeatedly assailed the investigation, calling the indictment "political persecution" and predicted it would damage Democrats in 2024.
Trump, 76, will turn himself in on Tuesday amid tight security and street protests.
"We have to take back our Country and, MAKE AMERICA GREAT AGAIN!" Trump wrote on social media shortly after arriving in New York from Florida on Monday.
Here's what to expect:
What's the plan?
Trump flew into New York from his Mar-a-Lago estate on Monday and is expected to leave Trump Tower on Tuesday and make the nearly four-mile drive to the Manhattan criminal courthouse, where he is scheduled to face a judge for his arraignment at 2:15 p.m. (1815 GMT)
Will there be a 'perp walk'?
No. So-called perp walks happen when a criminal suspect is taken in handcuffs out of a police precinct and then driven to the courthouse. But Trump won't be going to a police precinct. He's arranged a surrender with the district attorney's office and will head straight to the court, skipping a police station entirely. It's very unlikely anyone will get a glimpse of him going into court, unless he wants to be seen. That's because there are underground entrances, side doors and tunnels in and around the Manhattan courthouse.
What happens after he surrenders?
Trump will get booked. Here's what that means: Before courts had computers, information on every criminal suspect was written down in a big book kept by court officials. Now, it’s all computerized, but the process is largely the same. Court officers will take down Trump's full name, age, birthdate, height and weight. They’ll check to see if the former president has any outstanding warrants. They'll take his fingerprints, but they won't roll his fingertips in ink; these days that's done by computer, too. Officers will roll each fingertip on a computerized screen that records the prints. They may take his photo, known as a mug shot. In New York, this process usually takes about two hours, but can be as long as four. Then he goes before a judge.
What happens in the hearing?
An arraignment is a hearing in which the indictment will be formally unsealed and the charges will be read aloud, though Trump could request to wave the public reading. He will be asked how he pleads to the charges and he will answer "guilty" or "not guilty." And Trump's attorneys Joe Tacopina, Susan Necheles and Todd Blanche will work with the judge and the district attorney's office to set a date for the next time he'd be back in court. The judge has ruled that news photographers would be allowed to take photos of the former president at the start of his arraignment.
Will he be arrested?
Technically, yes.When he's fingerprinted and processed, he's considered under arrest and in custody. But it won't look the movies. He won't be handcuffed and he won't sit in a jail cell, in part because parts of the courthouse will be cleared out for his arraignment – and because Trump is a former president with Secret Service protection. Not all defendants are handcuffed before they appear before a judge for an arraignment, though some are.
If there is a mug shot, will it be made public?
It depends. In New York City, mug shots aren't generally made public. They are taken by the law enforcement agency that makes the arrest. There are situations where a judge could make the photo public in response to a public records fight. It could also get leaked, too.
What else is happening at the courthouse on Tuesday?
Court officials are trying to limit what business is happening at the courthouse at 100 Centre St. in Lower Manhattan on Tuesday. Police are expected to close some streets around the plaza and security will be tight. The New York Police Department is in charge of security in the city, but state court officers are in charge of security inside the court.
Will trump walk out of there?
In all likelihood, yes. New York's bail laws have been overhauled over the past few years, meaning Trump would be released without bail because the anticipated charges against him don't require that bail be set. But it's possible that Judge Juan Merchan could decide that Trump is a flight risk and order him held in custody, with or without bail. Trump's lawyers would argue that the former president's ties to the U.S. are strong, and because he's a presidential candidate, he has no reason to flee and should be allowed to leave.
What happens next?
The judge and legal teams will set dates for the next hearing and deadlines for discovery, in which the district attorney's office must turn over all its information to Trump's lawyers, and motions, which include any requests to shift the venue or dismiss the case outright. That process usually takes months. Tacopina has said he needs to read the indictment first and research before he decides what to do on a change of venue or any motions to dismiss, though it would be very common to file one.
Trump faces a string of inquiries. In addition to the hush money case in New York, Trump faces a Georgia inquiry over whether he tried to overturn his 2020 election defeat in the state.