National

Former President Trump's historic indictment sets up a legal proceeding that may look similar to parts of routine felony arrest processing in New York — finger printing, a mug shot and all.

Yes, but: It's anything but standard as no sitting or former president has ever faced criminal charges.

A spokesperson for Manhattan District Attorney Alvin Bragg said in a statement Thursday that the office "contacted Mr. Trump's attorney to coordinate his surrender to the Manhattan D.A.'s Office for arraignment on a Supreme Court indictment, which remains under seal." 

Trump is expected to be arraigned Tuesday afternoon at the Manhattan courthouse, court spokesperson Lucian Chalfen confirmed Friday.

After a suspect surrenders, they are processed privately, which means that Trump would likely be fingerprinted and have a mug shot taken.

Then, the arraignment hearing in New York would likely be the next court proceeding.

During that hearing, the judge will present the charges against Trump and the former president could enter a plea, per the Department of Justice.

Trump's attorney, Joe Tacopina, told ABC's "Good Morning America" on Friday that the former president "will not be put in handcuffs," adding that Trump will plead not guilty during the upcoming arraignment hearing.

"I understand they are going to be closing off blocks around the courthouse, shutting down the courthouse," Tacopina said of the arraignment hearing, though he did not give a timeframe.

Zoom out: Trump was indicted Thursday by a New York grand jury on charges related to an illegal hush money payment in 2016 to adult film star Stormy Daniels.

It's a historic indictment, and sets up a legal proceeding as the ex-president launches a 2024 presidential bid. 

The charges agreed on by the grand jury against Trump have not yet been released publicly. 

Go deeper... The legal woes surrounding Trump and his Manhattan indictment

Editor's note: This story has been updated with additional developments.

The legal woes surrounding Trump and his Manhattan indictment

What's next legally for Trump after indictment

Finger printing and a mug shot, followed by an arraignment.

Former U.S. President Donald Trump arrives during a rally at the Waco Regional Airport on March 25, 2023 in Waco, Texas. 

Donald Trump

2024 Elections

President Biden has made the COVID-19 crisis and a post-Trump return to national unity and traditional democratic ideals his top priorities. From vaccinations to stimulus to schools, Biden is seeking bipartisan compromise while showing a willingness to use executive authority and bare Democratic majorities in the U.S. House and Senate to implement his policies. Republican leaders are navigating deep party divisions over if and how to move beyond former President Trump.

Politics & Policy

Former President Trump is not expected to take a plea deal if the case related to an illegal hush money payment in 2016 to adult film star Stormy Daniels goes to trial, his attorney said Friday.

Why it matters: Trump and his legal team are leaning on a well-worn playbook for the former president, who is running for office again and has evaded criminal charges for decades.

Trump will "absolutely" voluntarily surrender to Manhattan law enforcement, his attorney Joe Tacopina said Friday on NBC's "Today" show.

The former president is "not going to hole up in Mar-a-Lago," Tacopina added.

Trump won't take a plea deal because "there's no crime," Tacopina said.

He "initially was shocked" when he learned of the New York grand jury's indictment, Tacopina added.

"After he got over that, he put a notch on his belt and he decided we have to fight now," he said.

Trump's attorney in another legal inquiry — involving the former president's handling of classified documents — predicted Friday that the Trump team will file a motion to dismiss the New York charges.

"I would think in very short order, you'll see a motion to dismiss, or several motions to dismiss," James Trusty said on CNN. 

"I think this will be something you can expect in days or weeks, not weeks or months," he added.

The big picture: Trump, who has said that he would stay in the 2024 contest even if he was indicted, often casts himself as the victim of overzealous investigators.

Trump said Thursday that the indictment was an act of "Political Persecution" and accused Democrats of "weaponizing our justice system to punish a political opponent, who just so happens to be a President of the United States and by far the leading Republican candidate for President."

The former president is the subject of at least four known criminal investigations, including probes into his efforts to subvert 2020 election results, handling of presidential records and business fraud. 

What to watch: Trump is expected to be arraigned Tuesday afternoon at the Manhattan courthouse, court spokesperson Lucian Chalfen confirmed.

Go deeper... Congress enters "dangerous" territory as Trump indicted

Editor's note: This article has been updated with new details throughout.

president's handling of classified documents

Congress enters "dangerous" territory as Trump indicted

How Trump plans to fight the indictment

"President Trump will not take a plea deal in this case," Trump's attorney said.

Former U.S. President Donald Trump speaks during a rally at the Waco Regional Airport on March 25, 2023 in Waco, Texas.

Former President Trump speaks during a rally at the Waco Regional Airport on March 25, 2023 in Waco, Texas. Photo: Brandon Bell/Getty Images

Donald Trump has become the first U.S. president in history — sitting or former — to face criminal charges.

Driving the news: A grand jury in New York on Thursday indicted Trump on charges related to a 2016 hush-money payment to adult film star Stormy Daniels.

Daniels first publicly alleged the two had an affair in 2018. Trump has denied the claim but has changed his story regarding the payment as events played out.

2006: Daniels met Trump at a celebrity golf tournament at Lake Tahoe, Nev., she said in a 2018 interview with "60 Minutes." The two had sex in his hotel suite after he invited her to dinner, she alleged. 

2016: Actress Karen McDougal's attorney Keith M. Davidson approaches the National Enquire about selling her story of an affair she had with Trump in 2006 and 2007, according to documents later filed by the Federal Election Commission.

The National Enquirer secures the rights to her story for $150,000 but never publishes it — a tactic used to quash her claims to prevent its influence in the election, which its parent company American Media Inc. (AMI) admits to in a 2018 non-prosecution agreement.

Cohen — Trump's former lawyer — links up with David Pecker, chair and CEO of AMI, to discuss possibly buying the nondisclosure portion of McDougal's agreement with AMI for $125,000.

Davidson, who now also represents Daniels, tells the National Enquirer she is willing to share details about her alleged affair on the record. The Enquirer notifies Cohen, who agrees to pay Daniels $130,000 in exchange for the rights to her story and a nondisclosure agreement.

January 2017: As Trump is preparing to take office, Cohen requests reimbursement from the Trump Organization for the payment to Daniels — which the company's executives grant in double, per federal prosecutors who later oversee Cohen's case.

January 2018: The Wall Street Journal publishes details of the payment to Daniels — the first public account of the deal. Cohen does not address the payment itself but tells the Journal in a statement that Trump "vehemently denies" allegations of an affair.

February 2018: Cohen releases a statement saying he did make the payment to Daniels but was not reimbursed for it and that the Trump campaign was not in the loop. "The payment to Ms. Clifford was lawful, and was not a campaign contribution or a campaign expenditure by anyone," he said.

March 2018: Daniels sues Trump in federal court to invalidate the nondisclosure agreement, arguing that Trump never signed it. 

In the lawsuit, which includes a copy of the deal, she says Cohen paid her $130,000 for her silence and accuses him of using "intimidation and coercive tactics" to get her to publicly deny the affair after the Journal's report.

A set of emails released by Daniels' lawyer Michael Avenatti shows that Cohen used his Trump Organization email account to facilitate the wire transfer for the deal.

April 2018: Trump makes his first public comments, saying he was unaware of the payment to Daniels.

May 2018: Trump's personal attorney Rudy Giuliani says Trump did in fact reimburse Cohen and knew about the "general arrangement."

Trump attempts to do damage control the next day, tweeting that Cohen received a "monthly retainer, not from the campaign and having nothing to do with the campaign, from which he entered into, through reimbursement, a private contract between two parties."

August 2018: Cohen pleads guilty to eight charges of tax evasion, fraud and campaign finance violations in connection to his payments to Daniels and McDougal, which the Department of Justice called an attempt "to influence the 2016 presidential election."

During his guilty plea, Cohen says in federal court he was directed to violate campaign law at the direction of an unnamed candidate. That same candidate directed him to pay $130,000 in hush money, which the candidate later reimbursed. 

He is sentenced to three years in prison.

July 2019: The federal investigation into the payments concludes, with Trump's team claiming victory over what he continues to call an extortion scheme.

Manhattan DA subpoenas Trump Organization

August 2019: The Manhattan District Attorney's Office subpoenas the Trump Organization for records related to the payments.

September 2019: The district attorney's office issues another subpoena for Trump's tax returns dating back to 2011. Trump sues to block the subpoena and appeals the ruling all the way to the Supreme Court, which in February 2021 finds that Trump is not shielded from the subpoena.

Over the next few years, several charges are brought against Trump Organization and its top executives for tax-related fraud.

March 2023: Trump is invited to testify before a New York grand jury investigating the alleged hush money payment to Daniels. Trump's representatives call the "threat" of indictment "insane."

Cohen in the meantime makes an appearance before the grand jury. His lawyer says he has already done 20 interviews with the district attorney's office.

Daniels also meets with prosecutors involved in the probe. 

Trump claims an imminent arrest and calls on his supporters to "take our nation back." 

March 2023: A grand jury in New York indicts Trump over a hush-money payment to Daniels.

"This evening we contacted Mr. Trump's attorney to coordinate his surrender to the Manhattan D.A.'s Office for arraignment on a Supreme Court indictment, which remains under seal," a spokesperson for Manhattan District Attorney Alvin Bragg said in a statement.

Trump in a statement Thursday claimed the indictment was an act of "Political Persecution" and accused Democrats of "weaponizing our justice system to punish a political opponent."

Go deeper: Looming Trump charges threaten to inject chaos into 2024 campaign

Timeline: The probe into Trump's alleged hush money payment to Stormy Daniels

Trump has denied having an affair with her but has changed his story regarding the payment as events played out.

Photo of Donald Trump speaking from a podium

Former President Trump speaks in Davenport, Iowa, on March 13. Photo: Miriam Alarcon Avila/Bloomberg via Getty Images

Axios AM

President Trump, who has spent his life ruthlessly maneuvering to get his way, now is at the mercy of a justice system he can't bully — and, ultimately, in the hands of a Manhattan jury.

Why it matters: Trump, after becoming the first president to be impeached twice, now has the added distinction of being the first ex-president to face criminal charges.

What's happening: A grand jury in Manhattan indicted Trump on charges related to a 2016 illegal hush money payment to porn star Stormy Daniels.

CNN analyst John Miller — a former NYPD deputy commissioner with enviable law-enforcement sources — reports Trump faces more than 30 counts related to business fraud.

Each count could refer to a single document or even a single accounting entry, CNN analysts noted.

Trump is expected to turn himself in Tuesday, "at which point the former president will be photographed and fingerprinted in the bowels of a New York State courthouse, with Secret Service agents in tow," the N.Y. Times reports (subscription).

"Trump has for decades avoided criminal charges despite persistent scrutiny and repeated investigations, creating an aura of legal invincibility" that was shattered yesterday.

An NYPD spokesperson told Axios that every officer will report in full uniform today as a "precautionary measure" in response to the indictment.

Front pages of today's New York Times, Wall Street Journal

Between the lines: Of all the investigations Trump faces, the case by Manhattan District Attorney Alvin Bragg is viewed by most legal experts as the thinnest — unless the prosecutor has something surprising up his sleeve.

State of play: Most Republicans think this helps Trump in the short run — and could even provide a glide path to the '24 Republican nomination, Axios' Zachary Basu notes.

This freezes the race at a time when Trump holds a huge lead in GOP polls. That's likely to grow with the saturation coverage ahead.

Indictment-themed GOP fundraising texts and emails started instantly, with Trump as a martyr.

With Trump taking up all that oxygen, it'll be even harder for Florida Gov. Ron DeSantis — or any Trump '24 rival — to gain traction.

Every potential '24 Republican candidate is being forced to defend Trump, when they otherwise might be attacking him or trying to differentiate themselves.

DeSantis tweeted that Bragg "is stretching the law to target a political opponent": "It is un-American. ... Florida will not assist in an extradition request given the questionable circumstances."

Mike Pence, in a prescheduled CNN interview, told Wolf Blitzer: "I think the unprecedented indictment of a former president of the United States on a campaign finance issue is an outrage."

A screenshot of Trump's post on Truth Social

The long run: For the general election, with suburban women as a potentially decisive bloc, it's a totally different story.

An indicted (at least) standard-bearer isn't a great look for attracting swing voters.

Trump didn't seem to get much sleep. He posted at 2:46 a.m.: "WHERE'S HUNTER?"

Go deeper: Trump rages over indictment ... Congress enters "dangerous" territory ... What's next for Trump.

Trump loses control with new phase of legal peril

He's now is at the mercy of a justice system he can't bully — and, ultimately, in the hands of a Manhattan jury.

Former President Trump talks with reporters Saturday on his plane en route to West Palm Beach, Fla., after a campaign rally in Waco, Texas.

Former President Trump talks with reporters Saturday on his plane en route to West Palm Beach, Fla., after a campaign rally in Waco, Texas. Photo: Evan Vucci/AP

Mike Pence called the Manhattan grand jury's decision to indict former President Trump on a campaign finance issue an "outrage" in an interview with CNN that aired Thursday night.

Why it matters: The former president last year defended his supporters who threatened to "hang" Pence, who was vice president during the Trump administration.

Pence is mulling running against the former president as 2024 Republican presidential candidate.

Driving the news: CNN's Wolf Blitzer asked Pence during their interview to respond to Trump being indicted on criminal charges for his alleged role in organizing hush money payments made to adult film star Stormy Daniels during his 2016 campaign.

"I think the unprecedented indictment of a former president of the United States on a campaign finance issue is an outrage," Pence said.

"It appears to millions of Americans to be nothing more than a political prosecution that’s driven by a prosecutor who literally ran for office on a pledge to indict the former president," he continued.

He added that the decision is "a great disservice to the country" and "the American people will look at this and see it as one more example of the criminalization of politics in this country."

Mike Pence: President Trump "let me down" on Jan. 6

Meet the N.Y. prosecutor who brought historic Trump indictment

What's next step for Trump after indictment

Pence calls Trump's indictment an "outrage"

Trump last year defended his supporters who threatened to "hang" Pence.

Former Vice President Mike Pence at the Library of Congress in Washington, D.C., in February. Photo: Anna Moneymaker/Getty Images)

Mike Pence

A grand jury in New York indicted former President Trump on Thursday on charges related to a 2016 illegal hush money payment to adult film star Stormy Daniels who alleged they had an affair, the Manhattan district attorney's office confirmed.

Why it matters: Trump, who's running for president in 2024 and facing multiple criminal probes, is the first president in U.S. history — sitting or former — to face criminal charges. The indictment is sure to ripple through his latest presidential campaign.

The charges come more than four years after Michael Cohen, the lawyer who handled the payment for Trump, was convicted and sentenced to three years in prison. He has been a witness against the former president.

The prospect of a Trump indictment was raised in early March after the district attorney's office invited Trump to testify before a grand jury.

State of play: "This evening we contacted Mr. Trump's attorney to coordinate his surrender to the Manhattan D.A.'s Office for arraignment on a Supreme Court indictment, which remains under seal," a spokesperson for Manhattan District Attorney Alvin Bragg said in a statement. 

"Guidance will be provided when the arraignment date is selected."

A New York Police Department spokesperson told Axios that every member of the NYPD will report in full uniform Friday as a "precautionary measure" in response to Trump’s indictment.

What they're saying: Trump in a statement Thursday claimed the indictment was an act of "Political Persecution" and accused Democrats of "weaponizing our justice system to punish a political opponent, who just so happens to be a President of the United States and by far the leading Republican candidate for President."

Meanwhile, an attorney for Daniels tweeted Thursday evening that the indictment is "no cause for joy."

"The hard work and conscientiousness of the grand jurors must be respected," Clark Brewster said. "Now let truth and justice prevail. No one is above the law."

Trump's attorney did not immediately respond to Axios' request for comment and the White House declined to comment.

Worth noting: The Trump campaign later sent fundraising emails asking for donations to help defend the MAGA movement "from the never-ending witch hunts."

The big picture: Trump, who frequently casts himself as a victim of overzealous investigators, the media and others, has repeatedly blasted the probe on Truth Social.

While Trump publicly predicted earlier this month that he would be arrested, upending news cycles and provoking reactions across his party, the grand jury investigating him did not conclude on that timeline.

Trump also called for protests, which prompted law enforcement to prepare for large-scale demonstrations that did not materialize.

Background: After his conviction, Cohen alleged that Trump had ordered him to pay Daniels $130,000 in hush money just before the 2016 election and later reimbursed him for it through the Trump Organization as legal expenses.

Trump has denied the affair. His legal team claimed he's "the victim of extortion" from Daniels and called Bragg's efforts to have him indicted "insane."

Federal prosecutors did not pursue charges in the case, but Bragg's office chose to do so — a controversial decision that made Bragg the focus of Republican accusations that the prosecution was politically partisan. 

Of note: Capitol Hill allies of Trump came to his defense after the indictment news broke. 

At least one Republican figure, former Arkansas Gov. Asa Hutchinson, has said Trump should drop out of the 2024 presidential race if he's indicted.

Zoom out: Trump also faces a federal investigation over his efforts to interfere with the 2020 election results and his handling of classified materials.

In Georgia, Fulton County District Attorney Fani Willis' office is investigating whether Trump’s efforts to overturn the 2020 election results there violated state law.

Editor's note: This is a breaking news story. Please check back for new details.

Trump indicted by Manhattan grand jury

A U.S. president has never been indicted for criminal conduct before.

Former President Donald Trump speaking in National Harbor, Maryland, in March 2023.

Former President Trump speaking in National Harbor, Maryland, in March. Photo: Anna Moneymaker/Getty Images

Known criminal investigations of Trump

Data: Axios research; Table: Jacque Schrag/Axios

Former president Trump's indictment this week is just one of several legal challenges bearing down on the leading 2024 Republican presidential candidate.

Why it matters: The indictment is historic — no U.S. president has ever before faced criminal charges — but the legal woes swirling around Trump don't stop with the Manhattan district attorney.

Trump faces several other high-stakes cases — including probes into his efforts to subvert 2020 election results, handling of presidential records, and business fraud — launching the Republican frontrunner into uncharted territory.

Driving the news: A grand jury in Manhattan indicted the former president on Thursday as part of the years-long investigation into Trump's role in hush money paid to adult film actress Stormy Daniels in 2016.

Before the indictment came down, Trump took to Truth Social earlier this month to predict he'd be arrested as part of the probe and urged his supporters to "PROTEST, TAKE OUR NATION BACK."

Zoom out: The indictment comes amid several other legal inquiries into the ex-president.

In Atlanta, a prosecutor is nearing a decision in her high-profile investigation of Trump's alleged efforts to subvert the 2020 election results in Georgia. 

Fulton County District Attorney Fani Willis earlier this year said her office's decisions about indictments were "imminent."

Last year, Willis called for a special grand jury to look into alleged election interference by Trump and his allies. A judge released part of that grand jury's final report in February.

Trump is also under criminal investigation by a special counsel in two high-stakes federal cases. 

Attorney General Merrick Garland tapped veteran prosecutor Jack Smith to lead the Department of Justice's probe into Trump's efforts to interfere with the lawful transfer of power after the 2020 election.

Smith is also tasked with examining whether Trump illegally retained classified documents at Mar-a-Lago and obstructed the government's efforts to get them back.

In another case in New York, Attorney General Letitia James filed a civil lawsuit accusing Trump and his family of financial fraud. 

James, who is seeking to permanently bar Trump and members of his family from running a business in New York, alleged the former president "falsely inflated his net worth by billions of dollars."

In January, a judge declined to throw out James' lawsuit against Trump, increasing the odds that the former president will face trial later this year. 

Since it's a civil case, James can't file criminal charges against Trump, but he could still face heavy fines and restrictions if he loses at trial. 

Go deeper: Timeline: The probe into Trump's alleged hush money payment to Stormy Daniels

Listen to the Axios Today podcast, where host Niala Boodhoo and Margaret Talev discuss the indictment of former President Trump and what we know about the case so far.

Editor's note: This story has been updated to reflect Trump's indictment. 

presidential frontrunner into uncharted territory. 

said that he believed he will be arrested

Fulton County District Attorney Fani Willis

declined to throw out James' civil lawsuit

The indictment is historic but the legal woes swirling around Trump don't stop Manhattan's district attorney.

New polling is reinforcing the Trumpworld view that traditional GOP primary "lanes" are a thing of the past, leaving just two viable campaign styles: "Always Trump" or "Sometimes Trump."

Why it matters: The remaking of the Republican base is proving to be a massive challenge for Florida Gov. Ron DeSantis and other potential 2024 candidates, especially as they discover the dangers of sparring directly with former President Trump.

A recent Monmouth poll found that Trump currently polls higher than all other candidates and potential candidates — combined.

Unless Trump is forced out of the race by legal troubles or other issues — as some Republicans privately hope — the path to victory for an alternative candidate will likely remain narrow.

Zoom in: A majority of the GOP is represented by "Sometimes Trump" voters, who voted for him twice but think he's too focused on the past, Republican pollster Whit Ayres told Axios.

Some pollsters say the path to winning without the "Always Trump" bloc requires capturing the bulk of "Sometimes Trump" voters and a slice of the “Never Trumpers."

The first likely candidate to test that theory is DeSantis, who is tacking hard to the right on policy and beginning to lob soft criticisms at Trump tied to his leadership style and penchant for personal drama.

So far, this hybrid style is not proving particularly effective: DeSantis has dropped 12 points with GOP voters since Monmouth's first 2024 primary poll conducted in December.

Be smart: Trump has changed the way his Republican rivals can campaign.

Constituencies tied to ideology, religion, race, class and gender have all shaped presidential primaries in the past. Now, it's personality — and political proximity to Trump.

Trump's unique ability to dominate the airwaves makes it nearly impossible for rivals to distance themselves from his campaign, as showcased by the Republicans who felt compelled to defend him after news broke of the potential indictment in Manhattan.

Even on policy, Trump has developed a Teflon shield that other candidates can't replicate: For example, Senate Republicans excoriated DeSantis — but not Trump — for voicing the same skeptical positions on Ukraine.

Between the lines: While some Trump campaign strategists say there's a third "Never Trump" lane, they're quick to note that so far it's vacant — and will likely stay that way.

Some long-shot candidates could include New Hampshire Gov. Chris Sununu, former Arkansas Gov. Asa Hutchinson and former Wyoming Rep. Liz Cheney.

But — as former Maryland Gov. Larry Hogan pointed out — a "multicar pileup" in the non-Trump lane would put the former president on a glide path to re-nomination.

What to watch: One clear sign that DeSantis sees value in the "Sometimes Trump" strategy: The new super PAC set to serve as the Florida governor's primary outside spending vehicle is staffing up with top Trump alumni.

Two of the 2020 Trump campaign's top communications aides — Erin Perrine and Matt Wolking — have joined the Never Back Down PAC, which was launched by former Trump immigration official Ken Cuccinelli this month.

The bottom line: "If the race comes down to Trump vs. non-Trump, there are several billion people who fit into the latter category. There’s only one former President Donald Trump," the Washington Post's Philip Bump writes.

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