March 19, 2023

What happens if Trump is arrested

Time -  Shanlon Wu, a white-collar defense attorney and former federal prosecutor, tells TIME that defense councils typically receive notice when their white-collar clients are being indicted. “You would make an appointment basically, to bring your client in to be booked and fingerprinted,” Wu says.

Wu adds that Trump’s lawyers may even seek some special arrangements, given he’s a former president, to avoid walking through the front entrance of the courthouse or police station in an attempt to be more discreet. ... If indicted, Trump would have to go through the same process, where he would be booked into jail, finger-printed, and a “mug shot” taken. However, given Trump’s substantial ties to the community, especially his ongoing 2024 presidential campaign, the judge likely wouldn’t deem him a flight risk and would probably immediately release him on bond, former federal prosecutor Renato Mariotti tells TIME.

Independent - What happens to the 2024 race, and Donald Trump’s ability to participate in it, if he comes under criminal indictment? The short answer is, not much. 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 in one of the so-called “quick trials” he has repeatedly cheered China’s government for operating in the cases of drug offences, Mr Trump could still run the entirety of his presidential campaign from a prison cell.

What is far less clear is what would happen were he to win in that scenario. Just as there are no restrictions in the Constitution for a person to run while under indictment, there’s no explanation for what should occur in the event that they win. There’s nothing in the document that would automatically grant Mr Trump a reprieve from prison time, save for the likelihood that any charges brought by federal authorities, were they still being litigated at the point when Mr Trump assumed the presidency for a second time, would be dropped due to the Department of Justice’s refusal to prosecute a sitting president.

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