This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.bbc.co.uk/news/world-us-canada-65012096

The article has changed 27 times. There is an RSS feed of changes available.

Version 23 Version 24
Fingerprints and a mugshot: This is what will happen when Trump is arrested Fingerprints but no handcuffs: This is what will happen when Trump is arrested
(about 5 hours later)
Watch: What happens when Trump is arrested - in 70 secondsWatch: What happens when Trump is arrested - in 70 seconds
Watch: What happens when Trump is arrested - in 70 secondsWatch: What happens when Trump is arrested - in 70 seconds
Donald Trump is facing impending arrest on charges stemming from an investigation into a $130,000 (£106,000) payment to porn star Stormy Daniels in 2016. Donald Trump faces imminent arrest on charges stemming from an investigation into a $130,000 (£106,000) payment to porn star Stormy Daniels in 2016.
The 76-year-old departed Florida and landed in New York on Monday, a day before his arrest and court appearance. The 76-year-old departed Florida on Monday, landing in New York ahead of his arrest and court appearance on Tuesday.
He is the first former US president to face criminal charges but it is unclear what exactly they are. He is the first former US president to face criminal charges, but it won't be clear what the charges are until the indictment is unsealed at his arraignment.
What is Trump accused of? When will Trump be arrested?
In 2016, adult film star Stormy Daniels contacted media outlets offering to sell her account of what she said was an adulterous affair with Donald Trump in 2006. Mr Trump is planning to surrender to authorities on Tuesday, and his arraignment is scheduled for 14:15 local time (19:15 BST). He will likely arrive at the courthouse about an hour or so before that for processing.
Mr Trump's team got wind of this, and his lawyer Michael Cohen paid $130,000 to Ms Daniels to keep quiet. The former president is expected first to surrender at the office of Manhattan District Attorney Alvin Bragg.
This is not illegal. However, when Mr Trump reimbursed Mr Cohen, the record for the payment says it was for legal fees. Prosecutors say this amounts to Mr Trump falsifying business records, which is a misdemeanour - a criminal offence - in New York. The usual arrest paperwork will be completed - meaning his details will be taken and investigators will check for any outstanding arrest warrants or charges.
Prosecutors could also allege that this breaks election law, because his attempt to hide his payments to Ms Daniels was motivated by not wanting voters to know he had an affair with her. Covering up a crime by falsifying records would be a felony, which is a more serious charge. Once Mr Trump is fingerprinted and processed by officials, he is considered under arrest and in custody.
Even advocates for prosecution acknowledge that either way, this is by no means a clear-cut case. There is little precedent for such a prosecution, and past attempts to charge politicians with crossing the line between campaign finance and personal spending have ended in failure.
"It's going to be tough," says Catherine Christian, a former financial prosecutor for the New York City district attorney.
What Trump indictment means - a simple guideWhat Trump indictment means - a simple guide
How the Trump-Stormy Daniels saga unfoldedHow the Trump-Stormy Daniels saga unfolded
What happens to Trump next? Will there be a 'perp walk'?
New York City District Attorney Alvin Bragg set up the grand jury to investigate whether there was enough evidence to pursue a prosecution, and they voted last week to proceed. A "perp walk" refers to when law enforcement officers walk a suspect up to a courthouse through a public space, giving spectators and the media full view of the arrest.
Was Trump's Stormy Daniels payment legal?Was Trump's Stormy Daniels payment legal?
Was Trump's Stormy Daniels payment legal?Was Trump's Stormy Daniels payment legal?
What is a US grand jury? It remains unknown whether Mr Trump will be walked up to the Lower Manhattan courthouse in such a manner ahead of his arraignment, or whether he will be discreetly let in through a side door surrounded by Secret Service agents.
The former president's arraignment will take place on Tuesday at 14:15 local time (19:15 BST). We do know that there will be a massive law enforcement presence around the courthouse and near Trump Tower on Tuesday.
The document presenting the official charges against Mr Trump will not be made public until a judge reads out the charges against him. The FBI, New York City police and the US Secret Service are all coordinating security for the proceedings.
Accompanied by a team of Secret Service agents and amid a huge security operation, he will be escorted to the Lower Manhattan courthouse on Tuesday.
The FBI, New York City law enforcement and the US Secret Service are co-ordinating security for the proceedings.
Trump says protest. His supporters say - stay homeTrump says protest. His supporters say - stay home
When Trump is arrested, will his fingerprints be taken? Will there be a mugshot of Trump?
Mr Trump's legal team have said he will not be handcuffed. He will most likely enter court through a private entrance as opposed to the more typical "perp walk" in front of the assembled media. It is also unknown whether a mugshot of the former president will be taken when he is booked at the Manhattan courthouse.
Once inside, however, Mr Trump will be fingerprinted by officials. But there is considerable uncertainty as to whether the former president will have to pose for a mugshot. According to the New York Police Department, a suspect may have their photograph taken at the time of their arrest - but only in some cases, suggesting an element of discretion.
On Monday one of Mr Trump's attorneys, Alina Habba, told CNN that he should not be subjected to a mugshot as his is "the most recognised face in the world" and that the purpose of a mugshot was for identification. One of Mr Trump's lawyers, Alina Habba, told CNN on Monday that she does not believe a mugshot is needed because the former president is an easily recognisable figure.
"Mugshots are for people so that you recognize who they are. He is the most recognized face in the world, let alone the country right now, so there's no need for that," Ms Habba said.
And on Tuesday, reports in US media suggested that Mr Bragg had decided there was no need to put the 76-year-old through the mugshot process.And on Tuesday, reports in US media suggested that Mr Bragg had decided there was no need to put the 76-year-old through the mugshot process.
Were the photo to take place there is no guarantee the public will ever see it. Under New York state law the former president would have to give his approval to its release, though US media has suggested he is not opposed to its publication. Were the photo to take place, there is no guarantee the public will ever see it. Under New York state law the former president would have to give his approval to its release, though US media has suggested he is not opposed to its publication.
The usual arrest paperwork will also be completed - meaning his details will be taken and investigators will check for any outstanding arrest warrants or charges. Will Trump be handcuffed?
Once Mr Trump is fingerprinted and processed he's considered under arrest and in custody. Throughout the booking process, he will be accompanied by Secret Service agents. Reports in US media also said that Mr Trump likely will not be handcuffed, as the Manhattan District Attorney's office has concluded that there is no reason to do so.
Mr Trump would then wait in a holding area or cell until his appearance before a judge. The arraignment - the moment where a defendant enters their plea before a judge - is open to the public. Handcuffs are used to prevent a suspect from fleeing or from attacking the district attorney or court personnel.
On Monday, Judge Juan Merchan ruled that some press photographers will be allowed to take pictures for several minutes before the arraignment formally starts. Mr Trump will be surrounded by law enforcement, including several members of the US Secret Service, therefore the risk of him attempting to flee is fairly low.
When will Trump be put on trial?
It is unclear when a trial might take place.
Once the case is booked and a judge is selected, other details may fall into place, such as the timing of the trial.
Mr Trump is expected to be released on bail so he will then fly home to Florida.
The judge and legal teams will set a date for the next hearing and there will also be the process of discovery, in which the district attorney's office must turn over all of its information to Mr Trump's legal team.
In reality, it could take months before another formal hearing takes place.
If there is a trial, a conviction on a misdemeanour would result in a fine. If Mr Trump were convicted on a felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable, and that any time behind bars is highly unlikely.
How big are Trump's legal problems?How big are Trump's legal problems?
Can he still run for president? What will happen inside the courtroom?
An indictment or even a criminal conviction would not prevent Mr Trump from continuing his presidential campaign if he so chooses - and he has given every indication that he will keep pushing ahead regardless of what happens. Once Mr Trump is processed, he will likely wait in a holding area until his appearance before Judge Juan Merchan.
In fact, there is nothing in US law that prevents a candidate who is found guilty of a crime from campaigning for, and serving as, president - even from prison. Mr Trump will then enter the courtroom and be arraigned - meaning the charges will be read out and he will plead.
His lawyers have said that the former president will plead not guilty to the charges.
The arraignment is open to the public. Members of the media and spectators have lined up overnight outside the courthouse to secure one of 260 tickets to enter the building during the proceedings.
However, no electronics will be allowed inside the courtroom.
Judge Merchan has also ruled that no video coverage will be allowed. He has instead granted access to a few news cameras to take still photos of the scene inside the courtroom several minutes before the arraignment begins.
Watch: Trump supporters gather outside Mar-a-LagoWatch: Trump supporters gather outside Mar-a-Lago
Watch: Trump supporters gather outside Mar-a-LagoWatch: Trump supporters gather outside Mar-a-Lago
Mr Trump's arrest would certainly complicate his presidential campaign, however. What will happen after the hearing?
While it might cause some Republican voters to rally around their embattled champion, it could be a significant distraction for a candidate on the campaign trail, trying to stump for votes and participate in debates. Mr Trump is expected to be released on bail as he is scheduled to return to Florida later in the evening.
It would also deepen and enflame already sharp divides within the American political system. It is unclear whether he will head to the airport straight from the courthouse, or if he will stop at Trump Tower before his departure.
Conservatives believe the former president is being held to a different standard of justice, while liberals view this as an issue of holding law-breakers - even those in the highest positions of power - accountable. One of Mr Trump's lawyers, Chris Kise, told CNN on Tuesday morning that he expects Mr Trump to speak to the cameras in the hallway outside of the courtroom - before and after his arraignment.
Once back at Mar-a-Lago, Mr Trump is expected to address supporters around 20:00 Florida time.
A trial date will also be scheduled for Mr Trump at some point.
The judge and legal teams will set a date for the next hearing and there will also be the process of discovery, in which the district attorney's office must turn over all of its information to Mr Trump's legal team.
In reality, it could take months before another formal hearing takes place.
If there is a trial, a conviction on a misdemeanour would result in a fine. If Mr Trump were convicted on a felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable and that any time behind bars is highly unlikely.
Mr Trump, who is running for president in 2024, can still continue his campaign if he chooses - there is no US law that prevents a candidate who is found guilty of a crime from campaigning for, and serving as, president - even from prison.
Related TopicsRelated Topics
Indictment of Donald TrumpIndictment of Donald Trump
Donald TrumpDonald Trump
US politicsUS politics