Donald Trump's Mug Shot May Stay Sealed After Arrest

After Donald Trump's grand jury indictment last week, there has been much speculation about the details of his expected arraignment Tuesday, including the possibility of a mug shot and if it will be released to the public.

Last week, the Manhattan District Attorney's Office announced that it was in contact with Trump's attorneys "to coordinate his surrender" in New York City following the indictment, which remains under seal. The specific charges against Trump remain undisclosed until the indictment is unsealed.

Manhattan DA Alvin Bragg had been investigating possible falsified business records or campaign finance violations in connection with an alleged hush money payment to former adult film star Stormy Daniels during the 2016 presidential campaign. Trump has denied any wrongdoing in the case, including Daniel's claim that she and the former president had an affair. But Michael Cohen, his former lawyer, previously admitted in court to making the $130,000 payment to Daniels on Trump's behalf.

Speaking with Newsmax this weekend, attorney Alan Dershowitz, who represented Trump during his first impeachment trial, said the former president "will be mug-shot and fingerprinted.... There's really no way around that."

In 2019, former New York Governor Andrew Cuomo proposed an amendment to the state's budget that would bar the release of booking photos by law enforcement agencies.

Michael McAuliffe, a former Florida state attorney and federal prosecutor, told Newsweek that "New York state law was amended several years ago to restrict the routine release of a person's booking information, including what's known as the mug shot. The New York law contains an exception allowing release for a specific law enforcement purpose. However, the statute doesn't define a specific law enforcement purpose. As a result, the standard might be whatever the relevant agency or office concludes is a specific law enforcement purpose."

McAuliffe said if the indicted person is a fugitive, the mug shot might be released to help law enforcement with a capture. But in Trump's specific case in Manhattan, "the defendant's mug shot doesn't need to be released to further the case," he added.

"The media might well seek Trump's mug shot through legal proceedings by citing the unprecedented nature of a former president being booked just like any other felony case defendant," McAuliffe said.

He continued: "A judge then would decide the parameters of what constitutes a law enforcement purpose, not the prosecutor. Of course, Trump as the defendant will receive the mug shot during the discovery phase of the criminal case. He always can release it if he wishes."

Speaking with CNN's Don Lemon, Trump lawyer Alina Habba addressed the possibility of a Trump mug shot.

"I don't see a purpose in it.... Mug shots are for people so that you recognize who they are. He's the most recognized face in the world, let alone the country right now. So there's no need for that," she said.

Newsweek reached out for comment to a Trump spokesperson via email.