A legal analyst appearing on MSNBC’s the Katie Phang Show has floated the possibility former President Donald Trump’s post on Truth Social predicting his Tuesday arrest may influence the conditions set for his bail.
Trump wrote a message on Truth Social Saturday morning announcing he expected to be arrested on Tuesday in connection with an investigation by the Manhattan District Attorney’s Office concerning payments allegedly made to Stormy Daniels. Additionally, Trump called for protests in the event of his arrest.
Legal analyst Glenn Kirschner, appearing on the Katie Phang Show on MSNBC, was asked if Trump’s post could be “used against” him.
“Under the rules of evidence, this is what we call a statement of party opponent.” he said. “I would slap a government exhibit sticker on this post, and I would introduce it at his criminal trial.”
He also speculated Trump’s post – which he described as a “miscalculation” and a “dog-whistle” – might come to bear on the conditions of Trump’s bail and analogized the post to remarks Trump made on January 6, 2021.
“He has now just given the judge that will preside over his arraignment hearing food for thought about what kind of conditions should be set for the release of this dangerous man pending trial,” he said.”Because this is a dog whistle, just as sure as him telling the proud boys ‘stand back and stand by.”
Asked whether Trump, now a Florida resident, will be compelled to appear in Manhattan for his arraignment and whether he is likely to be handcuffed and fingerprinted, Kirschner indicated virtual arraignments are unusual but not unheard of in the post-COVID era.
“But I suspect Donald Trump will be personally brought to Manhattan,” he said.
However, he added, “I think it unlikely we’ll see a perp walk,” noting Trump’s attorney had offered to produce Trump for the expected arraignment, wherever it may be held.