Donald Trump Mugshot Promised in Looming Indictment

Donald Trump may be getting his first mugshot.

As rumors swirl of a possible third indictment against the former president in Fulton County, Georgia, in the coming days, Fulton County officials told reporters Tuesday afternoon that Trump, if indicted and arraigned, would be booked and photographed for their database just like any other person they'd arrest.

"It doesn't matter your status," Fulton County sheriff Pat Labat, told reporters Tuesday, adding local law enforcement would be ready even if an "indictment came today."

The comments come amid recent indications by Fulton County District Attorney Fani Willis that she was preparing to bring charges against the former president on allegations he sought to convince Georgia elections officials to "find" enough votes to flip the result there in Trump's favor.

While no concrete commitments have been made public yet, late last week, barricades had been placed outside a Georgia courtroom where Trump's case was being heard amid speculation an indictment against Trump was imminent.

And Monday, a last-ditch effort by Trump's legal team to invalidate Willis' investigation into his actions surrounding the 2020 election was rejected by Judge Robert C.I. McBurney on the grounds his legal team failed to prove a politically biased motivation by Willis to seek charges against the former president.

Trump, McBurney wrote in his decision, would need to have "significant showing" to justify his request to the court, including a tangible conflict of interest or some form of forensic misconduct.

"Neither ground has been shown here," he wrote in his decision.

Newsweek has reached out to a representative for Trump's legal team via email for comment.

Individual law enforcement agencies have broad discretion to produce mugshots of their detainees, says Neama Rehmani, a former prosecutor and trial attorney told Newsweek via email. While unprecedented and, some might argue, unnecessary, given Trump's widespread recognizability, there is nothing in statute preventing him from being photographed should the Fulton County Sheriff's Office see fit.

"Obviously, everyone knows who Trump is, so identity isn't an issue. Nor is he a risk of flight. But there is no 'former president' or 'candidate for president' exception to booking photos and fingerprints," Rahmani told Newsweek. "Trump will be escorted and protected by Secret Service agents and will be allowed to self-surrender. That's the only sure thing."

"Whether local law enforcement in Fulton County will waive the booking photo and fingerprint requirements is within their discretion," he added. "Trump being who he is or voluntarily surrendering doesn't change the analysis."

If Labat's promise holds true, it would mark a significant divergence from the former president's treatment after two separate arraignments tied to alleged fraud surrounding his New York City business dealings as well as his public refusal to turn over illegally held classified materials he'd allegedly removed from his time at the White House.

In the instance of his federal indictment earlier this year, Alina Habba—one of Trump's attorneys and legal spokesperson for his Save America political action committee—said in a statement to CBS Trump did not receive a mugshot after his arraignment in NYC because "President Trump is in a very unique position where he doesn't need to be given a mugshot, obviously."

"He is not a flight risk," she added at the time. "He is the leading candidate of the GOP at the moment. He is going through a process that has been coordinated with Secret Service and it will all be handled seamlessly."

While it is still unclear why no mugshot was taken in either instance, Trump was not technically arrested at the time—he surrendered himself to authorities—and was permitted to submit a generic headshot he'd provided. Trump was also not subjected to a so-called "perp walk" in which the accused is paraded in public view of the news media.

However, that didn't stop the Trump campaign from producing its own mugshot for fundraising purposes. After his arraignment, the campaign produced a faux mugshot of Trump on a t-shirt, with the caption "NOT GUILTY" written in bolded text beneath.