Donald Trump's Lawyer Says 'President Will Not Be Put in Handcuffs'

Former President Donald Trump "will not be put in handcuffs" when he hands himself in to authorities in New York following his historic indictment, according to his lawyer.

Joe Tacopina, Trump's attorney, appeared on ABC's Good Morning America on Friday to discuss the former president's upcoming arrest after a Manhattan grand jury voted to indict Trump as part of a probe by the Manhattan district attorney's office who was investigating a hush money payment that the Republican arranged his former attorney, Michael Cohen, to pay adult film star Stormy Daniels ahead of the 2016 presidential election. Daniels alleged that she had an affair with Trump in 2006, which he denies.

Investigators are also looking into whether any records were falsified when Cohen was reimbursed for the payment, which was listed by The Trump Organization as legal fees.

While he denies all wrongdoing in connection to the case, Trump, who is facing more than 30 criminal charges, is expected to surrender and be arraigned on Tuesday.

trump arrests handcuffs
Former President Donald Trump leaves Trump Tower to meet with New York Attorney General Letitia James for a civil investigation on August 10, 2022, in New York City. Trump will not be placed in handcuffs... James Devaney/Getty Images

There has been speculation by some about how authorities will handle the criminal charging of a U.S. president, with Tacopina pouring cold water on suggestions that Trump will be restrained as he makes his way to the Manhattan criminal court.

"The president will not be put in handcuffs," Tacopina said. "As far as a mugshot's concerned, perp walk, as I said, I'm sure they'll try to make sure they get some joy out of this by parading him. But I think this is a different situation. It is a lot of groups involved here and I don't think they're going to allow this to become a circus, as much as humanly possible."

Some say that it has been unlikely that the former president would be placed in handcuffs while handing himself in to authorities. Not only is Trump not accused of any violent crimes, which would have warranted him being handcuffed behind his back necessary, but officials may also be wary of the optics of a former president being seen in handcuffs in what will be an extremely politically-charged arrest.

While defendants in white-collar crimes are often placed in cuffs with their hands in front of them, an exception could be made for a former president who will be flanked by armed Secret Service agents.

During his interview on Good Morning America, Tacopina added that he's not sure what might happen when Trump surrenders since an event such as this one is "unprecedented" in the country's history.

"I don't know what to expect other than an arraignment," he said. "I understand they're going to be closing off blocks around the courthouse, shutting down the courthouse. We'll go in there and we'll proceed to see a judge at some point, plead not guilty, start talking about filing motions, which we will do immediately and very aggressively regarding the legal viability of this case."

Following his court appearance, Trump is likely to be allowed to leave, rather than be held in custody, according to criminal defense attorney Joshua Ritter.

"I don't see any way that the judge will order Trump to remain in jail. Trump will almost certainly be released on his own recognizance," Ritter told Newsweek on Friday. "Aside from the political implications of keeping a former president in jail, he's not facing a charge for a crime of violence and it's hard to argue Trump is a flight risk."

In a post on Truth Social on Thursday, the former president wrote: "They only brought this Fake, Corrupt, and Disgraceful Charge against me because I stand with the American People, and they know that I cannot get a fair trial in New York!"

Update 3/31/2023, 9:22 a.m. ET: This article has been updated with additional information.

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About the writer


Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, domestic policy ... Read more

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