Former President Donald J. Trump is expected to appear at a federal courthouse in South Florida on Tuesday afternoon regarding charges related to his handling of government documents after he left office. Although federal cases are arraigned every day, this is the first time in American history that a former president will be charged and arraigned. It will be a routine matter for the federal courthouse, as well as an extraordinary one.
There is a lot of uncertainty about how the case will unfold in the upcoming days. The sealed indictment claims to have seven charges, including false statements, obstruction, and unauthorized retention of secret documents, but the exact details have not been disclosed yet. It is unclear if the indictment will be unsealed before the hearing or if special counsel Jack Smith will hold a news conference beforehand.
When Mr. Trump surrenders, the authorities’ response is also in question. Based on Mr. Trump’s prior case, where he was arraigned over a payoff to an adult film star, he was fingerprinted but not handcuffed or photographed. However, the situation this time may differ.
At the hearing, Mr. Trump will not be in control, unlike his prior business and political experiences. He will stand next to his lawyer until he is given permission to speak by the judge. Typically, a defendant says little and does not plead guilty during an initial appearance, returning for an arraignment. But it is possible that Mr. Trump’s legal team and the prosecutors could enter a plea on Tuesday, eliminating the need for a detention hearing.
Despite Mr. Trump’s statement that the hearing will be at 3 p.m., when most of the court’s business has concluded, former federal prosecutor Richard Serafini anticipates the court will be crowded. “It will be preplanned, well-choreographed, and everything will happen quickly. The U.S. Marshals will be very careful about who gets let into the courthouse,” Serafini stated.
Another unknown is how the case’s assignment to Judge Aileen M. Cannon, a Trump appointee who has issued a series of rulings unusually favorable to the former president, will play out. It is unclear how Judge Cannon received the assignment or whether Mr. Smith will try to challenge her role.
