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Former judge breaks down Trump court expectations

  • Former President Donald Trump is expected to appear in court Tuesday
  • The charges aren't public yet, but should be released soon
  • The indictment could offer insight about potential evidence

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(NewsNation) — Former New Jersey Superior Court Judge Andrew Napolitano joined “NewsNation Live” to explain the basics of former President Donald Trump’s anticipated court appearance — from the indictment to statutes of limitation.

As of noon CDT on Tuesday, the charges against Trump had not been disclosed, but if they are subject to a statute of limitations, prosecutors may be able to proceed regardless, Napolitano said.

“The DA will argue that because Trump renounced his New York citizenship and New York residency, and left New York — and also because for four years, he left New York when he lived in the White House — that the statute of limitations was tolled, as we say, meaning stopped running for the time that he was outside the state,” the former judge said.

It’s not an uncommon argument for prosecutors to make and it’s one that judges often accept, Napolitano said.

Trump is expected to face at least 30 counts, which generally represent individual charges for each alleged criminal act. A judge could read those charges to Trump and his attorneys in court on Tuesday in what’s known as an arraignment.

“The indictment is a piece of paper on which the charges are outlined,” Napolitano said. “The evidence often is not outlined. Those of us that do this for a living can pretty much with a fair amount of accuracy speculate as to what the evidence is, once we read the charges.”

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