Trump indictment updates: Trump speaks out on charges from Mar-a-Lago

Donald Trump is the first former U.S. president to be indicted.

Last Updated: April 5, 2023, 3:36 PM EDT

Former President Donald Trump has pleaded not guilty to 34 felony counts of falsifying business records, after being indicted by a Manhattan grand jury last week.

He is the first former U.S. president to be indicted.

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Latest headlines:

Here's how the news developed. All times Eastern.
Apr 04, 2023, 12:13 PM EDT

Trump spends morning working phones, speaking to aides and allies: Sources

Former President Donald Trump spent Monday night and Tuesday morning huddled with his legal team at Trump Tower preparing for his arraignment, sources told ABC News.

Trump was up early Tuesday morning working the phones and speaking to aides and allies ahead of his Tuesday afternoon arraignment, sources said.

Supporters of former President Donald Trump argue with opponents outside the Manhattan District Attorney's office in New York City on April 4, 2023, ahead of Trump's expected appearance before a New York judge to answer criminal charges.
Angela Weiss/AFP via Getty Images

Supporters and opponents of former President Donald Trump gather outside of the Manhattan Criminal Court before his arraignment on April 4, 2023, in New York City.
Spencer Platt/Getty Images

Trump is expected to enter his not guilty plea himself, not through his lawyers, sources said. Trump's legal team has still not seen the indictment or been informed of the charges, according to sources, who told ABC News the legal team expects to see it just minutes before the arraignment begins.

One person described Trump as "upbeat" and "relatively excited." Another person said Trump is "not angry" and is resigned to the fact that this day has finally come.

A supporter of former President Donald Trump argues with opponents outside the Manhattan District Attorney's office in New York City on April 4, 2023, ahead of his expected appearance before a New York judge.
Angela Weiss/AFP via Getty Images

-ABC News' Katherine Faulders and John Santucci

Apr 04, 2023, 11:21 AM EDT

Trump slams judge ahead of arraignment

Former President Donald Trump lashed out at the judge expected to preside over his arraignment in a Tuesday morning post on his social media platform, Truth Social.

Trump attacked the judge and his family, without naming them, claiming they are known Trump haters, and claiming a potential trial would not be fair.

Members of the media wait next to a police vehicle outside Manhattan Criminal Courthouse on the day of former President Donald Trump's planned court appearance April 4, 2023.
Amanda Perobelli/Reuters

The former president has repeatedly gone after the judge and the Manhattan district attorney on social media in the days leading up to Tuesday's arraignment.

Manhattan District Attorney Alvin Bragg arrives at the Manhattan District Attorney's office in New York City, on April 4, 2023.
Andrew Caballero-Reynolds/AFP via Getty Images

-ABC News' Will Steakin

Apr 04, 2023, 7:36 AM EDT

'There will be no guilty plea,' Trump's lawyer says

Just hours before Donald Trump was expected to turn himself in to New York City authorities to face criminal charges, his lawyer Joe Tacopina insisted Friday that the former president will not be pleading guilty.

"Really, there's a lot of mystery here because we're doing something that's never been done before," Tacopina told ABC News’ George Stephanopoulos in an interview on "Good Morning America."

"One thing I can assure you as I sit here today is there will be no guilty plea in this case," he added. "That is one thing I can guarantee you."

Tacopina said Trump won't be put in handcuffs but "he’ll be processed the way anyone else would be, to a degree -- again, with Secret Service involvement."

"I think there will be a typical processing, which does not take long -- 20, 30 minutes," he said. "And then we'll appear before a judge, you know, deal with a couple issues right off the bat and it won't be a long day in court."

Vehicles used by members of the media are seen outside Manhattan Criminal Courthouse in New York City, April 4, 2023.
Eduardo Munoz/Reuters

That's when authorities will unseal Trump's indictment, revealing the exact charges against him.

"They have not shared it with us, won't share it with us until it's unsealed," Tacopina said. "But we know the basis of the indictment and the factual allegations in the indictment."

Trump's defense team plans to make "a lot of motions" once they see the indictment, according to Tacopina.

"I don't think this case is going to see a jury. I think it's going to go away on papers," he said. "I think there's a legal challenge that will be made and should be made successfully."

When asked about speculation that the judge might impose a gag order, Tacopina said there was "no indication" of that.

"It can't happen in this case," he added. "The defendant is the leading Republican candidate for the office of the president of the United States and will be campaigning. Hard to put a gag order when he's going to be fielding questions about his current legal situation."

After court, Trump plans to travel back to Palm Beach, Florida, where he will make a statement at his Mar-a-Lago estate, according to Tacopina.

Donald Trump’s attorney Joe Tacopina shares insight on the former president’s legal strategy as he prepares to surrender to New York authorities on Tuesday.
2:36
Trump’s attorney talks how he will fight criminal chargesDonald Trump’s attorney Joe Tacopina shares insight on the former president’s legal strategy as he prepares to surrender to New York authorities on Tuesday.
ABCNews.com

Apr 04, 2023, 6:35 AM EDT

What happens next

Following Donald Trump's unprecedented indictment by a Manhattan grand jury last Thursday, the former president begins the first steps in the criminal justice process.

Trump surrenders to authorities

The Manhattan district attorney's office said it has been in contact with Trump's lawyers to arrange his surrender to authorities in order to begin criminal proceedings.

Trump, a Florida resident, traveled to New York City on Monday and spent the night at Trump Tower in midtown Manhattan before his arraignment in lower Manhattan on Tuesday. The former president must adhere to the court's deadline and be processed by authorities before heading to court for the unsealing of the indictment.

Trump is processed by authorities

Processing typically involves being fingerprinted and photographed for a mug shot, but experts say those may not occur in Trump's case because the former president is not a flight risk. Similarly, Trump's attorney Joe Tacopina told ABC News last Friday that the former "president will not be put in handcuffs."

It is also unlikely that Trump will be publicly transported to the courtroom by police, according to Cheryl Bader, an associate clinical professor of law at Fordham University in New York City.

"With white-collar crime, we see that a lot of [suspects] have the privilege of being able to turn themselves in instead of being arrested and put in handcuffs," Bader told ABC News during a recent interview.

Trump appears in court, makes plea

During the court appearance, which typically takes place in a courtroom without cameras in New York state, the former president will be read his charges and ordered to make a plea. Trump and his lawyers have indicated they intend to fight the indictment in court.

Following his plea, the judge will have the right to remand Trump on bail or release him on his own recognizance before adjourning for a future date. Bader said that judges rarely order suspects in white-collar crimes to be held in jail before their trial, and she expected that the judge will release Trump after the hearing.

In some cases, especially if the suspect is a flight risk, a judge may place restrictions on the suspect such as holding onto their passport, but Bader said it is unclear if the judge will go that far.

Judge hears motions, sets next court date

Following the judge's order, Trump's lawyers will have the opportunity to review the indictment charges and make motions regarding the case, including seeking to have the charges dismissed or evidence suppressed, or requesting a change of venue.

Several pre-trial hearings and motions are expected in the case, as Trump's lawyers have repeatedly made claims that Manhattan District Attorney Alvin Bragg's investigation is a political attack, according to Bader.

"I'm sure the case is going to be very litigated and take a lot of time to wind its way through the system," Bader told ABC News.

-ABC News' Aaron Katersky, Ivan Pereira and Will Steakin

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