ATLANTA — Former President Donald Trump is set to be arraigned in Fulton County Superior Court Wednesday, September 6th. New court documents shed some light on whether Mr. Trump will be required to return to Atlanta for the hearing.
In a "calendar notice" issued Monday, Trump was instructed that he "must be present" at the Fulton County courthouse for the arraignment.
Legal experts, however, suggest that this does not necessarily mean Trump will actually be in Fulton County next week.
Brian Tevis, a defense attorney who represented former New York City Mayor Rudy Giuliani for his bond negotiation and surrender in the Fulton County election probe, said that defendants have the ability to file a "waiver of arraignment" that would allow them to be "excused" from having to show up for the proceeding. Tevis said that's what he expects "many of the [d]efendants will do."
A "Standing Case Management Order" signed by Judge Scott McAfee on August 24 seems to concur. In the document laying out standard protocols for criminal cases in his court, McAfee writes that attorneys "may file a Waiver of Arraignment personally signed by the defendant indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment."
"If properly waived, defendants are not required to appear at arraignment," the document continues.
So far, Trump's camp has not filed such a waiver. However, Judge McAfee typically gives defendants until at least "48 hours prior to the hearing date" to file.
There is also the possibility that Trump could attempt to appear virtually, even if he does not file a waiver. According to Tevis, this is unlikely because "the arraignment calendar is in person rather than virtual." Defense attorney B.J. Bernstein concurred, saying it's "definitely not a Zoom" hearing.
However, given the unprecedented nature of this case, it's impossible to fully rule it out.