Donald Trump's Arraignment Won't Be Filmed. Here's Why

The arraignment of Donald Trump—scheduled to take place at 2:15 p.m. ET on Tuesday in New York's Supreme Court—is set to be an astonishing sight: the first time a former president will be charged with a criminal indictment.

But while the moments leading up to it will be captured on camera as still images from five different angles, it will not be videotaped thanks to an order on Monday evening by the presiding judge, Juan Merchan.

Trump was indicted on Thursday night, following a vote by a grand jury that had heard testimony concerning allegations of hush money payments during the 2016 presidential campaign.

The Manhattan district attorney, Alvin Bragg, had been investigating Trump over his alleged involvement in payments made to adult film star Stormy Daniels by his then-lawyer Michael Cohen ahead of the 2016 presidential election. Daniels, whose real name is Stephanie Clifford, was allegedly paid $130,000 by Cohen to stay quiet about an alleged affair with Trump in 2006. Cohen has previously said he was reimbursed by Trump.

Trump has denied any wrongdoing, and has repeatedly claimed the investigation into him is politically motivated, noting Bragg's affiliation to the Democratic Party. The ex-president, who also denies having an affair with Daniels, has described the case as a "witch-hunt" and a "fake case."

The former president is expected to plead not guilty to the charges, having vociferously denied any allegations against him in public. Though the charges have not been made public, it is believed that they include at least one felony.

Merchan, a New York State Supreme Court justice who in 2022 oversaw the trial of the Trump Organization, issued a decision on media access to the courthouse in which he allowed five pool photographers into the jury box prior to the arraignment to take still images for "several minutes until such time as they are directed to vacate."

However, he prohibited the use of cell phones, laptops and any other electronic devices in the courtroom at the risk of them being confiscated. Instead, cameras will be permitted in the building's hallways only.

Merchan noted that he did not dispute the "monumental significance" of the indictment, adding that "the populace rightly hungers for the most accurate and current information available. To suggest otherwise would be disingenuous."

But in the order, he also said he had taken into account whether coverage of the courtroom "would interfere with the fair administration of justice," the limitations of the physical courtroom and "the objections of the defendant."

The decision marks a compromise between the wishes of a coalition of media organizations and Trump's legal team, which filed a motion calling on the judge to ban the use of cameras. In a letter to Merchan, seen by CNBC, Trump's lawyers said the presence of the media would "create a circus-like atmosphere" and was "inconsistent with President Trump's presumption of innocence."

According to the Associated Press, Trump will be escorted by the Secret Service from Trump Tower—where he stayed on Monday night—to the courthouse, and may have a mugshot taken, though it is unlikely this will officially be released to the public.

The unprecedented litigation, against not only a former president but the current Republican presidential front runner in the 2024 election primaries, is likely to have a significant bearing on Trump's third bid for the White House.

Early polling suggests he has seen a rise in support among Republican voters in the presidential primaries since being charged, and his campaign said on Friday it had raised $4 million in the 24 hours since the indictment was announced.