The ceremony surrounding Donald Trump's arrest in New York was in some ways grander than the arrest itself, with the former president swiftly and quietly leaving behind the hundreds of people that had crowded outside Manhattan Criminal Court to see him on Tuesday.
His unsealed indictment details 34 counts of falsifying business records and includes invoices by former Trump attorney Michael Cohen and checks dating to 2017. Trump, who denies all wrongdoing, was arraigned and pleaded not guilty to all counts after an investigation surrounding the alleged $130,000 hush money payment to adult film star Stormy Daniels during the 2016 presidential campaign.
Leading up to the arrest, speculation arose whether Trump would be processed like other defendants, including if he'd have a mugshot taken. According to one social media post, it became a reality.
The Claim
A tweet by @nathaliejacoby1, posted on April 4, 2023, viewed 783,000 times, shows what appears to be Donald Trump wearing a blue top for a mugshot photo.
The tweet reads: "On a level from 1-10 how happy are you that Trump has been ARRESTED?"
The Facts
The seriousness of the charges against Trump should not be understated. Each of the 34 charges he faces could carry a four-year sentence, meaning the former president might face more than 100 years in prison if he is convicted and receives the maximum sentence for each charge.
Trump's protestation that the matter amounts to a politically motivated witch hunt, aimed at discrediting him, would undoubtedly be fueled further had a mugshot been released of him, stripped of his characteristic dark navy suit and scarlet tie.
However, the picture shared in the tweet is not real.
As confirmed by Trump attorney Joe Tacopina, the former president did not have a mugshot taken as part of his arraignment.
Tacopina said ahead of Trump's New York visit: "The president will not be put in handcuffs.
"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."
Los Angeles criminal defense attorney Ambrosio Rodriguez told Newsweek that mugshots are typically used if a defendant becomes a fugitive so authorities would have a picture to find them, unnecessary for a former president.
"Not taking his mug shot does not represent an equal rights violation or equal protection violation," Rodriguez said. "The fact that he is being treated differently in some respects has nothing to do with Donald Trump as a man. It has to do with him as an ex-president."
Trump attorney Alina Habba also argued ahead of Trump's court appearance that it is not necessary for a former president to pose for a mugshot.
"Mugshots are for people so that you recognize who they are," Habba told CNN. "He is the most recognized face in the world, let alone the country right now, so there's no need for that. There's no need for the theatrics."
New York also stopped releasing mugshots in 2019, except in circumstances where it serves a law enforcement purpose, such as finding a missing or wanted person.
There are several other clues that tell us the photo is fake and probably the product of AI image generation. Firstly, Trump appeared in court wearing a suit. As he wasn't jailed, there would seem little logic for him to change into other clothing.
His face also lacks a lot of photorealistic detail, as if it's been passed through a filter to soften his features. Apart from his face, there are also no shadows in the shot.
Further, the lettering on the wall behind him appears to have been randomly generated. Several of the characters appear to be completely illegible such as one right next to Trump's left ear and another between a "0" and a "D" also to the left of him.
Similarly randomly generated text appeared in another AI-generated photo of Trump produced for an article about his arrest in U.K. magazine The Spectator.
While Trump might not have posed for a photo, the theatrics of one did not escape the attention of his campaign team, which released a fake mugshot of the former president as part of a fundraising tool. Trump's team sent an email with the fake photo on T-shirts, which were being sold for $47.
"What better way to PROVE that our campaign will NEVER SURRENDER our country to the Left's tyranny than countless grassroots patriots proudly wearing their very own 'NOT GUILTY' T-Shirts," the email offering the shirts said.
The Ruling
False.
Apart from Trump's lawyers saying ahead of his arraignment that he would not appear in a mugshot, the purpose of such a photo would be to identify a defendant if they became a fugitive. As one of the most recognizable faces in the world, identification would not be a problem if Trump absconded.
There are a number of other clues that it is a fake, including that Trump is wearing a jumpsuit despite not being booked, and simply the sheer unlikelihood of the Manhattan court processing a mugshot photo for such a significant and delicate matter as a former president's arrest.
It appears the picture was created using AI. Clues include a lack of complete photorealistic detail and text artifacts in the background, similar to other AI-generated mugshots produced elsewhere.
FACT CHECK BY Newsweek's Fact Check team
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
