WASHINGTON — Former President Donald Trump has arrived at the federal courthouse in Miami where he is scheduled to make his first appearance Tuesday to respond to a 37-count indictment connected to his handling of classified documents and alleged attempts to prevent the government from recovering them.
He is expected to surrender to federal authorities ahead of a scheduled arraignment at 3 p.m. Eastern time.
Following an investigation by special counsel Jack Smith, the Justice Department on Friday unsealed the indictment of the former president, charging that he improperly took and obstructed the government’s efforts to retrieve hundreds of secret documents — some of them related to U.S. nuclear weapons operations and national defense vulnerabilities — and kept them in unsecured areas of his Florida estate, including a bathroom, ballroom and storage room. The Mar-a-Lago property is a private club that hosts thousands of people each year.
According to the indictment, top-secret and other classified records that were recovered by the FBI after a subpoena and a search of the property included details on U.S. and foreign nations’ nuclear capabilities, as well as information regarding defense and weapons capabilities of both the U.S. and foreign countries, potential vulnerabilities of the U.S. and its allies to military attack, and plans for possible retaliation in response to an attack.
Trump is charged with willful retention of national defense information, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document in a federal investigation,; scheming to conceal and making false statements and representations.
In a Truth Social post sent hours before his appearance, Trump called Smith a “thug” and accused him, his friends and family of planting evidence in the case. Trump also questioned why Smith has not reviewed allegations against President Biden and former Secretary of State Hillary Clinton, which Smith doesn’t have authority to review.
Trump’s personal aide Walt Nauta was also indicted on charges of conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document in a federal investigation, scheming to conceal and making false statements and representations.
The case has been initially assigned to Judge Aileen Cannon, a Trump appointee who was criticized for ruling in his favor during a dispute last year over a special master assigned to review the seized classified documents. Her rulings, which delayed the investigation for several weeks, were overturned by the 11th Circuit Court of Appeals.
A spokesman for the U.S. Marshals Service told the Associated Press that the agency has enough photos of Trump and he will not take a mugshot. Trump’s digital fingerprints will be taken and his birth date and Social Security number recorded, the spokesman said.
Trump and his allies have repeatedly called the charges a witch hunt intended to keep him from winning back the presidency in 2024. On Monday, Trump said in a social media post that if elected he will appoint a “special ‘prosecutor’ to go after” Biden, his family and others. A president does not have the power to appoint a special counsel; that authority lies with the U.S. attorney general.
Police temporarily pushed Trump supporters and journalists out of the plaza of the Wilkie D. Ferguson Jr. Federal Courthouse on Tuesday. Several news outlets reported a bomb threat had been made. Earlier, prominent right-wing figures who called on supporters to protest were giving speeches to a small crowd.
Miami Police Chief Manuel Morales said in a news conference that his officers were prepared for a crowd of up to 50,000 people Tuesday. Security guards and federal officers were stationed outside the courthouse on Monday.
“Make no mistake about it, we’re taking this event extremely serious,” Morales said. “We know that there is a potential of things taking a turn for the worst, but that’s not the Miami way.”
Several of Trump’s Republican allies in Congress, led by Rep. Matt Gaetz, R-Fla., planned a public event before the former president’s court appearance to discuss the indictment and the ongoing prosecutions of people who entered the Capitol during the Jan. 6, 2021, insurrection.
Rep. Marjorie Taylor Greene, R-Ga., announced on the House floor Monday that she plans to introduce an appropriations rider to defund the special counsel’s investigation. Such a measure is unlikely to be approved by the Senate, where Democrats hold a majority.
The Southern District of Florida does not normally allow reporters to take photos, video or audio recordings of court proceedings. Late Monday, a federal magistrate judge rejected a request by coalition of media outlets, including the Los Angeles Times, to allow photography and video recording in the courtroom and surrounding hallways on Tuesday, saying that “allowing photographs would undermine the massive security arrangements put in place.”
The magistrate judge also denied a request to immediately release an audio recording of all proceedings in the case. The judge stated that a transcript is expected to be made available Tuesday.
Chief U.S. judge for Southern District of Florida Cecilia Altonaga also ruled late Monday that reporters cannot take any cellphones or electronic devices into the courthouse for Trump’s arraignment. Normally reporters are exempt from the rule banning electronic devices.
