Trump indictment Friday updates: - Former President's kids strike different tones on criminal charges

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Former President Donald Trump was indicted Thursday by a Manhattan grand jury investigating a hush-money payment to adult film star Stormy Daniels.

The indictment is unprecedented and represents the first criminal charges against a former U.S. president.

Trump is currently staying at Mar-a-Lago, his private club in Palm Beach.

Trump attorney Joe Tacopina told NBC's "Today" show that Trump was expected in New York by Tuesday for arraignment. Trump will surrender to New York authorities but won't consider a plea deal, his lawyer said. A hearing is scheduled for 2:15 p.m.

The New York Times reported that Trump and his aides were surprised the indictment came so quickly. Times reporter Maggie Haberman reported that Trump was angry but seemed more worried about the indictment's political consequences. On Thursday night, Trump was seen having dinner with his wife, Melania, and her parents at Mar-a-Lago.

What are Trump's children saying about the indictment?

Former President Trump's children struck markedly different postures on his indictment in social media postings Thursday and Friday.

His eldest son, Donald Trump Jr., took his father's side and even used rhetoric in the spirit of the nation's 45th president. On his online show "Triggered," he likened the decision to indict as “stuff that would make Mao, Stalin, Pol Pot, it would make them blush," the New York Times reported.

Another son, Eric, followed suit, using Twitter to call the indictment “third world prosecutorial misconduct” and “the opportunistic targeting of a political opponent in a campaign year.”

Trump's daughter, Ivanka, one of his closest advisers during his early years in the White House, was far more guarded in a post on Instagram.

“I love my father, and I love my country. Today, I am pained for both," she wrote. "I appreciate the voices across the political spectrum expressing support and concern.”

NBC News: Trump may be facing 30 counts of document-related charges

Citing two sources familiar with the grand jury proceedings, NBC News New York is reporting that former President Donald Trump could be facing about 30 charges of document-related fraud.

The news station also is saying that prosecutors are unlikely to ask for the indictment to be unsealed before Tuesday, so we may not know what the specific charges are until then.

Why was Donald Trump indicted? More on Stormy Daniels

Stormy Daniels
Stormy Daniels

Many speculate the charges are about the Stormy Daniels hush-money case, in which Trump purportedly paid campaign money to an adult-film star so she wouldn’t disclose their affair while he campaigned for president in 2016.

The indictment usually remains unsealed until the defendant is arrested, which for Trump is scheduled to happen Tuesday. He’s expected to surrender in Manhattan Criminal Court and make his first appearance before a judge.

It is also unclear when Trump will leave Mar-a-Lago to surrender in New York.

Donald Trump joined by his wife, Melania, for dinner after hearing the news

Dr. Gina Louden, co-chair of Women for Trump, was at Mar-a-Lago on Thursday night and said the former president and his wife, Melania, were having a dinner at the club after the announcement of the indictment.

She posted photos on both Instagram and Twitter.

What is an indictment? And why did the DA want one to charge Trump?

An indictment is a formal, written accusation of a crime, made by a grand jury, according to Black’s Law Dictionary.

A grand jury decides only whether there is enough probable cause to charge someone. It does not infer guilt, said Michael Salnick, a Palm Beach County defense attorney. A jury, chosen during a trial, decides whether that person is guilty or not.

A grand jury is a group of regular people that hears evidence and witnesses presented by a prosecutor in felony cases. While the target of an investigation may testify, they do not present a defense during those proceedings.

Grand juries in New York have between 16 and 23 people. Their service can vary from two weeks to a month. They’re chosen from the same group of people who are called for jury service.

The grand jury meets and takes a vote on the evidence in secret.

When the proceedings are over, the grand jury either indicts the defendant, lodging criminal charges, or issues “no true bill,” meaning they did not find probable cause to charge the person.

State and U.S. attorneys can choose to charge a defendant with a crime without asking a grand jury to consider the case. It’s their choice. Joe Abruzzo, the Palm Beach County clerk of court, said putting charges in front of a grand jury provides an "extra layer of protection for the district attorney."

In Palm Beach County, state attorneys have used grand juries in death-penalty cases. One notable exception was Jeffrey Epstein, who was indicted in 2006 for soliciting a prostitute.

Manhattan District Attorney Alvin Bragg Jr. at his office in New York, on Sept. 8, 2022. Bragg, who was criticized for calling off an earlier grand jury presentation, is be the first American prosecutor to indict a former president. (Sarah Blesener/The New York Times)
Manhattan District Attorney Alvin Bragg Jr. at his office in New York, on Sept. 8, 2022. Bragg, who was criticized for calling off an earlier grand jury presentation, is be the first American prosecutor to indict a former president. (Sarah Blesener/The New York Times)

Federal prosecutors have a wider range of crimes they send to grand juries. For example, federal prosecutors in Palm Beach County sent their cases in the 2000s for a grand jury to decide  whether certain county commissioners were corrupt.

Alvin Bragg, the Manhattan district attorney, is a state-level prosecutor like Aronberg. This case is not federal, like the one in which Trump’s lawyer Michael Cohen was convicted.

What's likely next for Trump?

Trump can voluntarily turn himself in, which his lawyers said he will do.

If Trump were to change his mind and refuse a voluntary appearance, then Florida officials would get involved. As a Palm Beach County resident, New York would seek a court order to force Trump's extradition, Palm Beach County State Attorney Dave Aronberg said.

Normally, such a motion would go to Florida's governor, an interesting twist given Gov. Ron DeSantis is widely believed to be readying his own 2024 Republican presidential primary challenge to Trump.

Former President Donald Trump and Florida Gov. Ron DeSantis and in happier days.
Former President Donald Trump and Florida Gov. Ron DeSantis and in happier days.

But DeSantis said Thursday he won't help extradite Trump to New York if Trump refuses to go willingly. It was a reversal from what the governor said last week about the impending indictment, a statement that drew criticism from the former president.

"Florida will not assist in an extradition request given the questionable circumstances at issue with this Soros-backed Manhattan prosecutor and his political agenda," DeSantis said, referring to liberal political activist George Soros.

Asked last week about helping Trump fight extradition, DeSantis said: “We are not involved in this, won’t be involved in this."

There's a third scenario: If DeSantis refused to be involved, a federal judge would have to sign the extradition order. Likely, this federal judge would be in Palm Beach County, Aronberg said

Where is Donald Trump on Friday?

The flag flies at half-staff at former president Donald Trump's Mar-A-Lago residence in Palm Beach on March 31, 2023. A New York grand jury voted to indict Trump over hush money payments made to porn star Stormy Daniels ahead of the 2016 election.
The flag flies at half-staff at former president Donald Trump's Mar-A-Lago residence in Palm Beach on March 31, 2023. A New York grand jury voted to indict Trump over hush money payments made to porn star Stormy Daniels ahead of the 2016 election.

Apparently, the former president stayed put at Mar-a-Lago. He hasn't been seen publicly.

His private airplane remains parked at Palm Beach International Airport.

Several cars were parked along the side of the road leading to Mar-a-Lago on Friday afternoon.  A group of about a half-dozen people lined the side of the road, some waving signs that read "Trump 2024." A PBSO security tower was stationed nearby and Palm Beach Police vehicles were seen sporadically patrolling the route.

There was more activity near Mar-a-Lago late Thursday and early Friday. Palm Beach police spokesman Capt. Will Rothrock said about two dozen demonstrators showed up by the time Thursday night was over. A crowd of about the same size was present Friday between Trump supporters and national media, police said.

Trump indictment: One of these 3 things likely will happen next

Trump has been indicted. Have other former U.S. presidents been indicted? No, but these came close.

Can he? Now that Donald Trump is indicted, can he still run for president in 2024?

Video: Trump plane at Palm Beach International Airport day after indictment

A livestream, courtesy of TV station ABC 7 in Chicago, shows real-time footage of Trump's aircraft at PBIA.

As of Friday afternoon, it wasn't going anywhere, and hadn't for the past several days. He could leave for New York as late as Tuesday morning and be on time for a 2:15 p.m. hearing.

Will Trump get a mug shot?

That is likely. Trump is expected to be treated like every other person facing criminal allegations and be required to follow the same procedures: fingerprints and a mug shot, Salnick said.

One thing to note: It may not be available to the public if there are any security concerns.

"Since this is such an unprecedented thing, one doesn't know if it will be done differently," Salnick said.

Trump will have Secret Service protection throughout the entire process, Abruzzo said, as would every othe rformer president. New York officials will decide whether to handcuff him.

Will Trump go to jail?

It's impossible to say today, but it's unlikely, according to Aronberg and Abruzzo.

State Attorney Dave Aronberg says he does not expect former President Donald Trump to spend time in jail when he is arraigned in New York.
State Attorney Dave Aronberg says he does not expect former President Donald Trump to spend time in jail when he is arraigned in New York.

Authorities tend to negotiate surrendering a high-profile defendant like the former president. Aronberg said the former president most likely won't spend time in jail and will allowed to return home.

"This seems to be a potentially low-level crime, where I personally would be surprised if he spent any time incarcerated," Abruzzo said.

Who is Joe Tacopina? And why does his name sound familiar?

Joe Tacopina is Donald Trump’s personal attorney representing him in the Stormy Daniels case.

Tacopina, 56, is a self-described zealous bulldog defense attorney who has represented celebrities, athletes and other well-known people.

They include Washington Commanders owner Daniel Snyder, Michael Jackson, Alex Rodriguez, Meek Mill, YG, Sean Hannity, Don Imus, Swiss Beatz, American Singer Ne-Yo, Emmy Award-winning television journalist Sarah Wallace, Kimberly Guilfoyle, NFL Players Association director DeMaurice Smith and Rapper A$AP Rocky.

Who is likely going to be the judge?

It’s expected to be Juan Merchan, who has been an acting justice with the State Supreme Court since 2009.

Merchan was born in Colombia and came to the United States when he was 6. He grew up in Queens, like Trump.

He also presided over the case in which the Trump Organization's former chief financial officer, Allen Weisselberg, as well as the tax fraud trial in which the family's company was found guilty on 17 counts including charges of conspiracy and falsifying business records. Trump lashed out at the judge on social media Friday.

Staff writers Holly Baltz, Stephany Matat, Carol Rose and Julius Whigham II contributed to this story.

This article originally appeared on Palm Beach Post: Donald Trump indictment live updates in Palm Beach Florida