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Former FBI agent on what to expect at Trump's arraignment on Tuesday

Trump to appear in federal court Tuesday
Trump to appear in federal court Tuesday 02:19
Law enforcement prepare ahead of Trump's court appearance 01:53

MIAMI - Former President Donald Trump flew to South Florida on Monday afternoon ahead of his arraignment Tuesday in Miami federal court.

On Tuesday afternoon, a motorcade is expected to escort him from his Trump National Doral Miami residence to the Wilkie D. Fergusson Jr. courthouse in downtown Miami for his arraignment on 37 charges related to what prosecutors said was his mishandling of classified documents.

Former FBI Special Agent Stuart Kaplan said his court appearance will be different than his very public one in New York City.

"In the federal court system, which is policed by the United States Marshal Service, there are no electronic devices, no cellphones, no cameras, allowed into or onto the premises inside. So basically, you're going to see his motorcade gain access through a sally port, through the United States Marshal Service entrance, where they would typically bring in people in custody, and that's basically all you are going to see of him until such time as his team exits the building and whether or not he wants to make himself public," said Kaplan.

Former FBI Special Agent Stuart Kaplan on what to expect for Trump arraignment 04:19

The former FBI agent said he expects Trump to be treated like every other criminal suspect.

"The normal procedure will be, and I do this all the time, is that if I am self-surrendering a defendant, he will first go up to the United States Marshal Service office, he will be fingerprinted and photographed. Those fingerprints will be run through NCIC (National Crime Information Center), his photograph will be attached to his jacket, and then he will proceed up to the courtroom and the proceedings will start. These proceedings will be very quick."

Former US Prosecutor David Weinstein said These initial Appearances normally last about 15 minutes.  He thinks this one could be a bit longer. He said Trump is not expected to speak much during the hearing except to answer questions from the judge. In the hearing, they will also discuss pre-trial release plans.  Weinstein said because we're dealing with a former president we are in uncharted territory. 

"We're dealing with a unique individual here.  He is escorted around and supervised by secret service," Weinstein said.  "He's the former president of the United States.  He's on television, social media, virtually almost every hour of every day.  So everybody knows where he's going to be but I do think we're going see the government ask to have him surrender his passport. And he not be allowed to travel outside the United States," he said. 

In case of rallies by Trump supporters, or those against, Kaplan said the US Marshal Service will secure the courthouse so there is no disruption.

"They do an excellent job with respect to premise security, not only inside the courtroom but around the building itself. You will see barricades set up to distance any of the individuals, or just the general public, from not necessarily having complete access onto the property of the courthouse," he said.

In addition to the US Marshal Service, security for Trump's court appearance includes the US Secret Service, which is responsible for providing security for Trump as a former president; Miami Police, which is responsible for securing the streets around the courthouse; and Miami-Dade Police who will provide added security around the courthouse, Trump National Doral, and the movement of Trump around the county. 

The Florida Highway Patrol will help with road closures and the Florida Department of Law Enforcement will also offer assistance. 

Kaplan said in the U.S., court proceedings are supposed to be opened to the general public, that is they are not to prevent others from coming onto the property to attend these types of court proceedings. He said that given the security concerns, and that is first and foremost, in concert with the Secret Service and US Marshal Service, they will do what's called a pushback and keep people back from having immediate access to the property.

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