Story by Gideon Rubin • Yesterday
Most legal experts believe it’s a matter of if, not when, a New York grand jury returns an indictment against former Donald Trump over alleged hush money payments to adult film Stormy Daniels.
Donald Trump, Alvin Bragg©
But how Manhattan District Attorney Alvin Bragg would handle the surrender of the first former American president to be indicted remains an open question.
Business Insider’s Laura Italiano mapped out multiple likely scenarios Wednesday in a report that includes interviews with multiple current and former Manhattan DA prosecutors.
Trump would likely be treated as most defendants are, but with some notable exceptions, the report said.
Trump’s indictment under New York law would go into effect immediately after the jury foreperson signs the document listing formal charges.
The foreperson could sign it immediately should the grand jury vote to convict, but the process could be delayed by weeks if prosecutors need to revise to the document should the jury return indictments on select charges but decline to indict on other charges.
The documents wouldn’t be made public until a judge unseals it.
Once that happens, Business Insider reports that “Bragg will likely release PDF copies to the press and post it on the district attorney's website. At which point the historic document will blow up Twitter feeds worldwide.”
Trump wouldn't learn about an indictment until prosecutors contact his lawyers and both sides agree on a date for the former president to surrender to authorities.
Trump wouldn’t know the specific charges until they are unsealed.
Related video: Hear George Conway's prediction about possible Trump indictments (CNN)
CNN
Hear George Conway's prediction about possible Trump indictments
View on Watch
But once the surrender date is agreed upon, word will likely get out fast, Manhattan defense lawyer Ron Kuby told the news outlet.
"Half the DA's office and their husbands and wives will know once they set a surrender date. All of Trumpville will know, Kuby said. "Between the two, it'll be out in two hours."
Trump would then surrender to the at the DA’s Lower Manhattan headquarters at an agreed-upon time and be taken into custody by NYPD officers, who would arrest the former president and take him to the seventh or ninth floor for booking.
Trump would then have his fingerprints and mugshot taken along with a DNA sample that would be entered into a database.
But Bragg could choose not to arrest Trump.
"Instead, the court could issue him a criminal summons," which would order Trump to appear for arraignment, a former prosecutor who spoke on the condition of anonymity because they weren’t authorized to discuss the case.
Trump wouldn’t necessarily be required to appear in court should the proceedings be held virtually.
A "perp walk" is an unlikely scenario in this case, former special agent Bill Pickle told Business Insider.
"That walk is not going to happen," Pickle said.
"You're not going to expose him to people who could cause him harm. He would appear in court and then get printed before or after. No cuffs."
Trump is unlikely to be seen in handcuffs, if for no other reason that optics would likely be a consideration.
"I mean the man is beloved by 20 percent of the American population. Admittedly they're fascist psychos," Kuby said.
"But still. Why contribute to a perception of unfairness?"
Trump would likely remain free without bail under New York's newly implemented bail laws requiring defendants to be held on bail if the judge believes them to be a flight risk.
Business Insider’s Laura Italiano mapped out multiple likely scenarios Wednesday in a report that includes interviews with multiple current and former Manhattan DA prosecutors.
Trump would likely be treated as most defendants are, but with some notable exceptions, the report said.
Trump’s indictment under New York law would go into effect immediately after the jury foreperson signs the document listing formal charges.
The foreperson could sign it immediately should the grand jury vote to convict, but the process could be delayed by weeks if prosecutors need to revise to the document should the jury return indictments on select charges but decline to indict on other charges.
The documents wouldn’t be made public until a judge unseals it.
Once that happens, Business Insider reports that “Bragg will likely release PDF copies to the press and post it on the district attorney's website. At which point the historic document will blow up Twitter feeds worldwide.”
Trump wouldn't learn about an indictment until prosecutors contact his lawyers and both sides agree on a date for the former president to surrender to authorities.
Trump wouldn’t know the specific charges until they are unsealed.
Related video: Hear George Conway's prediction about possible Trump indictments (CNN)
CNNHear George Conway's prediction about possible Trump indictments
View on Watch
But once the surrender date is agreed upon, word will likely get out fast, Manhattan defense lawyer Ron Kuby told the news outlet.
"Half the DA's office and their husbands and wives will know once they set a surrender date. All of Trumpville will know, Kuby said. "Between the two, it'll be out in two hours."
Trump would then surrender to the at the DA’s Lower Manhattan headquarters at an agreed-upon time and be taken into custody by NYPD officers, who would arrest the former president and take him to the seventh or ninth floor for booking.
Trump would then have his fingerprints and mugshot taken along with a DNA sample that would be entered into a database.
But Bragg could choose not to arrest Trump.
"Instead, the court could issue him a criminal summons," which would order Trump to appear for arraignment, a former prosecutor who spoke on the condition of anonymity because they weren’t authorized to discuss the case.
Trump wouldn’t necessarily be required to appear in court should the proceedings be held virtually.
A "perp walk" is an unlikely scenario in this case, former special agent Bill Pickle told Business Insider.
"That walk is not going to happen," Pickle said.
"You're not going to expose him to people who could cause him harm. He would appear in court and then get printed before or after. No cuffs."
Trump is unlikely to be seen in handcuffs, if for no other reason that optics would likely be a consideration.
"I mean the man is beloved by 20 percent of the American population. Admittedly they're fascist psychos," Kuby said.
"But still. Why contribute to a perception of unfairness?"
Trump would likely remain free without bail under New York's newly implemented bail laws requiring defendants to be held on bail if the judge believes them to be a flight risk.
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