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The Guardian - US
The Guardian - US
World
Hugo Lowell

Donald Trump to surrender at Fulton county jail on Thursday night

Donald Trump.
Donald Trump. Photograph: Chip Somodevilla/Getty Images

Donald Trump is expected to surrender at the Fulton county jail on Thursday evening on racketeering and conspiracy charges over his efforts to overturn the results of the 2020 presidential election in the state of Georgia, according to two people briefed on the matter.

The former president – seeking to distract from the indignity of the surrender by turning things into a circus – in essence had his lawyers negotiate the booking to take place during the prime viewing hours for the cable news networks.

Trump has posted on his Truth Social platform that he would be arrested on Thursday, but the primetime scheduling was finalized in recent days after his lawyers met with the Fulton county district attorney, Fani Willis, at her office on Monday.

The former president became a criminal defendant in a fourth case last week when a grand jury handed up a sprawling 41-count indictment that accused Trump and 18 co-defendants of engaging in a criminal enterprise and committing election fraud in trying to reverse his 2020 defeat.

Trump returned to his instinct to maximize television ratings to his benefit for his surrender to authorities in Atlanta, the people said, and could extend the coverage of the proceedings by speaking afterwards in front of cameras and reporters.

The strategy to turn surrenders in each of his four criminal cases into spectacles has been an effort to discredit the indictments, as well as to capitalize on the information void left by prosecutors after such events to foist his own spin on the charges.

While he would prefer not to be charged, once indicted, Trump has moved to present himself as defiant and lament to his supporters that he supposedly is the victim of partisan investigations, for which he needs their political and financial support.

A spokesperson for the Trump campaign did not immediately respond to a request for comment.

The surrender itself is expected to be mundane. At the Rice Street jail north-west of downtown Atlanta, where defendants charged in Fulton county are typically taken, the booking process involves a mugshot, fingerprinting and having height and weight recorded.

Trump asked his lawyers and the US secret service to get him an exemption from being photographed, the people said, though it was not clear whether he will get special treatment. The Fulton county sheriff, Patrick Labat, has previously said Trump would be treated no differently.

The other 18 co-defendants in the 2020 election subversion case appear to be receiving regular treatment based on online jail records for the former Trump election lawyer John Eastman and others, who had their height, weight and personal appearance made public.

Once the booking is complete, Trump is expected to be released immediately on conditions that include stringent witness intimidation restrictions that have not been put in place for his co-defendants, court filings show, until he is due back in state court for arraignment.

The Trump legal team could file a motion to remove the case to federal court before then, under a federal statute that allows for such venue changes if the case involves federal officials’ actions taken “under color” of their office – as in, if it was part of official duties.

Trump could face major difficulties with that argument, however, since he would have to show that taking steps to change the outcome of the 2020 election in Georgia amounted to him acting in his official capacity as president, legal experts have said.

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