Watch: Prosecutors walk through what the process would be for Trump’s arrest

Two former prosecutors explained that New York is accustomed to having high-profile people processed for indictments, but they’ve never dealt with a former president before.

Former President Donald Trump told his followers over the weekend that he would be arrested on Tuesday. The New York grand jury will hear at least one witness and possibly two witnesses, as well as any closing statements from the district attorney’s office. Then they deliberate on whether to indict.

Explaining how it works, Karen Friedman Agnifilo, the former chief assistant D.A. in the Manhattan D.A.’s office, explained that the grand jury would be asked to sign an indictment if they vote for one. It will be filed under a seal because grand juries are secret. But given Donald Trump likes to post about what’s happening, he might reveal that he’s being indicted before the district attorney’s office does.

“Then, typically, they make arrangements with the Trump team to surrender so that he can show up voluntarily, and he’ll be processed the way every other defendant is handled in New York, whether you’re a Democrat or a Republican,” she continued.

CNN asked Trump’s lawyer Alina Habba on Sunday if Trump would go peacefully. She replied that he isn’t one to “hide under the covers,” implying that he will be willing to surrender himself.

“The Manhattan D.A.’s office has a long history of prosecuting people without fear or favor,” explained Agnifilo. “They don’t look at things like what party you’re with, and he will be processed and fingerprinted and photographed and arrest processed. And he’ll be arraigned, told what charges he is facing, and I’m 100 percent certain he will enter a plea of not guilty. And that’s that. He’ll go home after that. This is not a bail-eligible offense in New York because it’s a nonviolent felony.”

The only information that will likely be revealed about the charges and the case will likely come from Donald Trump, with the D.A. being confined by the case’s seal.

“And he likes to get his story out, true or not,” continued Agnifilo. “So he will at some point likely say something and use this as a media opportunity, I think, to further get his base riled up and call for protests, and frankly, these protests he’s calling for in New York City, the NYPD has a long history of knowing how to handle mass protests, whether they are peaceful or not peaceful. I have no doubt that they will handle this and handle this expertly and keep people safe. But Donald Trump thinks that he, you know, can mess with the criminal justice system in some way, and that’s what he’s going to try to do. He’s going to make it so that things happen differently for him.”

See the full segment below or at the link here.


Prosecutors walk through what the process is for Trump’s arrest

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Trump Supreme Court battle could be dismantled by Congress members’ own history



New evidence is emerging that could deal a major blow to President Donald Trump's case for stripping birthright citizenship to the children of immigrants.

The president has asked the U.S. Supreme Court to restore “the original meaning” of the 14th Amendment, which his lawyers argued in a brief meant that “children of temporary visitors and illegal aliens are not U.S. citizens by birth," but new research raises questions about what lawmakers intended the amendment to do, reported the New York Times.

"One important tool has been overlooked in determining the meaning of this amendment: the actions that were taken — and not taken — to challenge the qualifications of members of Congress, who must be citizens, around the time the amendment was ratified," wrote Times correspondent Adam Liptak.

A new study will be published next month in The Georgetown Law Journal Online examining the backgrounds of the 584 members who served in Congress from 1865 to 1871. That research found more than a dozen of them might not have been citizens under Trump’s interpretation of the 14th Amendment, but no one challenged their qualifications.

"That is, said Amanda Frost, a law professor at the University of Virginia and an author of the study, the constitutional equivalent of the dog that did not bark, which provided a crucial clue in a Sherlock Holmes story," Liptak wrote.

The 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," while the Constitution requires members of the House of Representatives to have been citizens for at least seven years, and senators for at least nine.

“If there had been an original understanding that tracked the Trump administration’s executive order,” Frost told Liptak, “at least some of these people would have been challenged.”

Only one of the nine challenges filed against a senator's qualifications in the period around the 14th Amendment's ratification involved the citizenship issue related to Trump's interpretation of birthright citizenship, and that case doesn't support his position.

"Several Democratic senators claimed in 1870 that their new colleague from Mississippi, Hiram Rhodes Revels, the first Black man to serve in Congress, had not been a citizen for the required nine years," Liptak wrote. "They reasoned that the 14th Amendment had overturned Dred Scott, the 1857 Supreme Court decision that denied citizenship to the descendants of enslaved African Americans, just two years earlier and that therefore he would not be eligible for another seven."

"That argument failed," the correspondent added. "No one thought to challenge any other members on the ground that they were born to parents who were not citizens and who had not, under the law in place at the time, filed a declaration of intent to be naturalized."

"The consensus on the 14th Amendment’s citizenship clause has long been that everyone born in the United States automatically becomes a citizen with exceptions for those not subject to its jurisdiction, like diplomats and enemy troops," Liptak added.

Frost's research found there were many members of Congress around the time of the ratification of the 14th Amendment who wouldn't have met Trump's definition of a citizen, and she said that fact undercuts the president's arguments.

“If the executive order reflected the original public meaning, which is what the originalists say is relevant,” Frost said, “then somebody — a member of Congress, the opposing party, the losing candidate, a member of the public who had just listened to the ratification debates on the 14th Amendment, somebody — would have raised this.”

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Jong-Fast told Wilson, "Let's talk about how positively b----- the whole thing is. It was meant to be a rally on affordability. Here's what was not discussed: affordability. Here's what was discussed: Marjorie Taylor Greene. He calls her Marjorie Traitor Brown."

Wilson, sounding amused, interjected, "And I'm also intrigued by how she's somehow a leftist."

Jong-Fast told the Never Trumper, "It has really been a week for Trump."

Wilson laid out a variety of ways in which Trump and the MAGA movement are having a bad Christmas, from the Epstein files to the economy.

"There is no unringing this bell of stupidity," Wilson told Jong-Fast. "They have f----- it up. They have made a giant mistake."

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