Trump Was Once About to Lose $7.1 Million Raised By His 'Mugshot' Merchandise Due To a Legal Clause

Editor's note: This article was originally published on September 5, 2023. It has since been updated.

Back in September 2023, former President Donald Trump cashed in on his historic 'mugshot' moment at the Fulton County, Georgia, jail right after surrendering to the authorities. As per CBS News, Trump left the Fulton County jail premises at 7:55 p.m. after completing all the legal formalities, and by 9:22 p.m., the Trump Save America Joint Fundraising Committee started selling T-shirts, mugs, beverage coolers, bumper stickers, and other merchandise with the slogan "Never Surrender."

The exclusive political campaign products range from $12 for a bumper sticker to $25 for a coffee mug, and beverage coolers cost $15, whereas T-shirts are for $36. In a fundraising email, Trump also wrote he "walked into the lion's den with one simple message on behalf of our entire movement: I Will 'Never Surrender' Our Mission To Save America." 

As per Politico, the 'mugshot' merchandise alone raised $7.1 million last week. However, a 2022 article in the University of Georgia School of Law’s Journal of Intellectual Property Law states that “In the context of photographs taken by law enforcement during the booking process, the author of the mugshot photograph is the law enforcement agency.” In other words, it now means Trump has to legally fight for the millions he raised from his merchandise sales. 

As per Yahoo, the Fulton County sheriff is prepared to claim Trump's profits, and they may have the legal ground to do so since Fulton County “just happens to be in desperate need of funds to address the horrific conditions in the Fulton County Jail.”

As per PolitiZoom, Sheriff Pat LaBat has claimed that he needs urgent cash to make improvements to the jail. He told the county commissioners, “It’s a human crisis, and I have been begging for the resources,” before adding, “I’m really, really tired of begging for money to do my job.” However, with this legal clause now in place, LaBat could sue Trump to obtain the funds he needs. 

Meanwhile, Judge Scott McAfee has ruled that Trump's trial in Georgia over charges of election fraud will be livestreamed on Fulton County Court's YouTube channel. However, Trump has waived the right to appear in court during the legal hearings. As per BBC, his co-defendants in Georgia, including his former lawyer Rudy Giuliani, have all waived their right to appear in court next week. 

Law professor Clark Cunningham, who works at Georgia State University, said that decision is "usually non-controversial" and that "Mr Trump fully knows the charges against him." Cunningham continued, "That's the main purpose of the arraignment, to read the charges to the accused and to enter the person's plea. So he doesn't need to be there, he knows what they are." Among the charges, Trump and his 18 co-defendants have also been charged with racketeering, commonly known as the RICO Act.