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You hate to defend Trump, but that's absolutely fucked. As far as I know you can't refuse a mugshot, so you're essentially compelled to release the rights to your likeness if you're charged with a crime. I could see the logic if you're convicted (under the 13th, which is still fucked), but that's crazy before a trial/guilty verdict.
Anyway, just a layman's take. Would love to hear what an actual lawyer has to say.
The copyright is not with the person on the photo, it is with the photographer. Which in this case is the police department.
The only rights that Trump had were the rights on his own picture. Which is hard to control as a celebrity (public interest and such), and which he basically waived as he had those merch sold himself.
When you run for office (of any kind) you become a "public figure" and as a result the rights to your likeness are considerably diminished. If you win your rights to control how your likeness is used are even further diminished. Furthermore, if you run for a Federal office and get elected your rights are even more diminished.
Then there's an even lower level where you basically lose all rights to control your likeness: When you become President. Presidents are special from a likeness perspective because as long as they live they are, in fact, President or former President and as such cannot make claim whatsoever that their likeness is copyrighted because while they were in office their likeness became public domain (all works of the US government are public domain unless classified or given special exception).
So the day the White House updated it's website with an image of Trump any copyright claim to his likeness went out the window.