Trump indictment live updates: Arraignment to come after surrender in historic NYC case

Donald Trump is set to be arraigned Tuesday in New York, a historic moment as the first former president ever to face criminal charges and a dramatic backdrop for the 2024 presidential race as he campaigns again for the White House.

The high-stakes case represents risks for Trump, who faces possible criminal penalties if convicted, and also Manhattan District Attorney Alvin Bragg, who Republicans including Trump have vilified as politically motivated.

The seediness of the allegations allowed Republicans to shrug off charges. Witnesses said Trump arranged for his former lawyer and fixer, Michael Cohen, to pay two women for their silence before the 2016 election. Trump denied wrongdoing and noted Cohen is a convicted liar. Trump’s rivals for the GOP nomination have criticized Bragg, with some saying voters should decide the former president’s fate.

Trump has boasted about overcoming previous investigations including special counsel Robert Mueller’s inquiry into Russian interference in the 2016 election and two House impeachments that resulted in Senate acquittals over his dealings with Ukraine and his role in the Capitol attack Jan. 6, 2021.

Trump to go on legal assault: Donald Trump expected to unleash wave of legal challenges after Tuesday arraignment in New York

Trump's arraignment spectacle: Donald Trump plans to turn his arraignment into a political spectacle. Here's how.

Trump is expected to have his mug shot and fingerprints taken, have the formal charges read and then plead not guilty “loudly and proudly,” his lawyer Joe Tacopina told CNN’s “State of the Union” on Sunday. But the details haven’t been nailed down because the Secret Service will accompany Trump, Tacopina said.

Here is what we know about the case so far:

Trump could seek delays in criminal case: legal experts

After New York charges against him are unsealed, Donald Trump could pursue a number of legal challenges that could delay any eventual trial, according to legal experts.

Trump could try to dismiss the case, change the venue where it is heard and perhaps seek to have a new judge preside. If the charges are falsifying business records as expected, Sarah Krissoff, a former federal prosecutor, said Trump lawyers could claim the alleged violations are too old or exceed the statute of limitations of two to five years.

Trump has said in a social media post Thursday that Acting Supreme Court Justice Juan Mercan hates him, after presiding over a criminal case against the Trump Organization and its chief financial officer.

"It is an understatement to say that he (Trump) has a litigious style," said Joshua Ritter, a former Los Angeles County prosecutor. "You're going to see challenges to everything, every step of the way."

-- Kevin Johnson and David Jackson

House GOP chairmen oppose gag order on Trump as ‘unconstitutional’

Two House Republican chairmen opposed an anticipated gag order on Donald Trump pending his New York trial.

Reps. Jim Jordan of Ohio, head of the Judiciary Committee, and James Comer, head of the Oversight and Accountability Committee, called any potential order from Acting Supreme Court Justice Juan Merchan against Trump speaking about the charges unconstitutional.

“We are deeply concerned by reports the New York District Attorney may seek an unconstitutional gag order,” the chairmen said in a joint statement. “To put any restrictions on the ability of President Trump to discuss his mistreatment at the hands of this politically motivated prosecutor would only further demonstrate the weaponization of the New York justice system.”

-- Bart Jansen

Trump protests

Steel barriers lined streets near the courthouse, roads were closed, and traffic was diverted across a swath of Manhattan on Tuesday in preparation for the arraignment of Trump.

New York City Mayor Eric Adams on Monday urged potential protesters to follow police instructions and threatened anyone who becomes violent with arrest. Police Commissioner Keechant Sewell said the department has been preparing for the arraignment for weeks.

"I will remind everyone that violence and destruction are not part of legitimate lawful expression," he said at a briefing Monday. "It will never be tolerated in our city."

Trump called on his supporters to take to the streets of New York City and protest his arrest.

-- John Bacon and Zach Wichter

What time is Trump's arraignment? Trump's plans from NY to Florida

As it stands now, Trump is scheduled to leave his self-named tower around 1 p.m. for the trip to the district attorney's office and courthouse that should take about a half-an-hour, according to his schedule.

After a formal surrender and processing, Trump is scheduled for arraignment at 2:15 p.m.

The schedule anticipates a 3 p.m. departure from the courthouse to the airport for the trip to Mar-a-Lago.

Trump is scheduled to arrive back at his Palm Beach home in time for an 8:15 p.m. speech to supporters.

All of this is subject to change depending on events.

– David Jackson

What are the charges facing Trump?

Witnesses before the Manhattan grand jury have described hush-money payments Trump directed former lawyer and fixer Michael Cohen to make to silence two women who claimed to have had sex with Trump before the 2016 election.

Legal experts expect a combination of misdemeanor charges alleging falsification of business records about the payments, combined with a felony such as a campaign finance violation.

But Trump has denied wrongdoing and Tacopina said there is no documentation of false business records.

“All of the Tuesday stuff is very much up in the air except that we will very loudly and proudly say not guilty,” Tacopina said. “We’re not doing anything at the arraignment because that would be showmanship and nothing more because we haven’t even seen the indictment.”

– Bart Jansen

More: Trump indicted: How did Michael Cohen arrange hush payments to Stormy Daniels and Karen McDougal?

Trump judge expected to be same as for Trump Organization case

The New York judge tentatively assigned to preside at Donald Trump’s arraignment is familiar with players in the former president’s orbit.

Acting Manhattan Supreme Court Justice Juan Merchan oversaw the fraud trial of Trump's namesake real estate company and the related Trump Payroll Corporation, which ended in December with a conviction and $1.6 million in fines.

Merchan also oversaw the sentencing of former Trump financial chief Allen Weisselberg, whose testimony in the fraud case helped secure the convictions.

Trump has harshly criticized Merchan in posts on his social media company, Truth Social.

"The Judge 'assigned' to my Witch Hunt Case, a 'Case' that has NEVER BEEN CHARGED BEFORE, HATES ME," Trump wrote in one post.

– Kevin Johnson, Josh Meyer, David Jackson

What is an arraignment?: What the legal proceeding means ahead of Trump's appearance Tuesday.

Who is judge in Trump arraignment?: Juan Merchan, judge in Trump Organization trial, expected to preside at Trump arraignment

Lawyers for Trump, Cohen argue against each other’s credibility

Tacopina and Cohen’s lawyer, Lanny Davis, foreshadowed the fight over credibility in any eventual trial.

Tacopina called Cohen a convicted liar who "is constitutionally incapable of telling the same story the same way twice." Tacopina said there is no documentation of Trump falsifying business records.

“I know there is no such evidence,” Tacopina said. “Michael Cohen is a pathological, convicted liar.”

Davis said Cohen and other witnesses have provided testimony and documentation. Cohen has already been imprisoned in part because he arranged for $280,000 in hush payments to Stormy Daniels and Karen McDougal.

“Michael Cohen submitted a lot of documentation,” Davis said. “There are other documents from other people and other testimony from other people.”

– Bart Jansen

New York mayor warns Trump protesters to ‘control yourselves’

New York City Mayor Eric Adams on Monday urged potential protesters for Donald Trump’s arraignment – he singled out Rep. Marjorie Taylor Greene, R-Ga. – to be on their best behavior and threatened anyone who becomes violent with arrest.

“While there may be some rabble-rousers thinking about coming to our city tomorrow, our message is clear and simple: control yourselves,” Adams said.

He said there were no specific threats. But he said people like Greene, “who is known to spread misinformation and hate speech,” are expected to visit the city. New York Young Republicans announced she would attend a 10:30 a.m. rally Tuesday at Collect Pond Park.

“While you are in town, be on your best behavior,” Adams said.

– Bart Jansen

What is a grand jury?: Here's what to know about the jury that voted to indict Trump.

Trump mugshot?: A Donald Trump mugshot? Fingerprints? What happens next after Trump indictment

Stormy Daniels says she's received death threats since Trump indictment

Stormy Daniels says she is “kind of numb” now that the hush-money investigation stemming from her alleged affair with Donald Trump in 2006 has led to his criminal indictment – and that it has prompted death threats against her.

Daniels, whose real name is Stephanie Clifford, told the Times UK that the charges by the Manhattan District Attorney’s Office amount to a vindication of her efforts to hold the former president accountable. But in her first interview since Trump’s indictment last Thursday, she said the as-yet-unspecific charges have put her in more personal danger than ever before.

“The first time it was like gold digger, slut, whore. You know, liar, whatever and this time it's like, ‘I'm gonna murder you,’ “ she said of the threatening messages she has been getting.

– Josh Meyer

Stormy Daniels faces threats: Stormy Daniels' accusations against Trump prompt post-indictment death threats, she says

This article originally appeared on USA TODAY: Trump news live: Follow updates from surrender to New York arraignment