According to former President Donald Trump’s lawyer, Joe Tacopina, Trump did not have his mugshot taken when he surrendered to authorities at a Manhattan courthouse on Tuesday. However, Trump’s 2024 presidential campaign is fundraising off a facsimile of a mugshot, as they sent out an email with a T-shirt featuring a black-and-white photo of Trump from the shoulders up, with the date of his arrest and the words “NOT GUILTY” underneath.

President Trump Arrested
President Trump Arrested

In New York, law enforcement is prohibited from releasing most mugshots publicly, even if Trump had his mugshot taken. CBS News consultant Richard Esposito, former deputy commissioner of the New York City Police Department, noted that it is unusual for someone not to have their mugshot taken, and it may be hard to find a past case like this in Manhattan.

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There are several theories as to why Trump’s mugshot was not taken, including concerns that a leaked photo could provide ammunition for both Trump’s campaign and his opponents. Trump’s lawyer, Alina Habba, who is representing him in other legal matters, argued that Trump should not need to take a mugshot because he is “the most recognized face in the world, let alone the country, right now.”

Trump, who denies any wrongdoing, was indicted by a grand jury on 34 counts of falsifying records in the first degree. Manhattan District Attorney Alvin Bragg’s office was investigating Trump for allegedly falsifying business records in connection to a $130,000 “hush money” payment to adult film star Stormy Daniels ahead of the 2016 election. So, despite not having a mugshot taken, Trump’s legal situation remains serious.