Former President Donald Trump became the first former president to face a judge on federal charges as he pleaded not guilty in a Miami courtroom Tuesday to dozens of felony counts that he hoarded classified documents and refused government demands to give them back.
Inside the courtroom, Trump, seated with his hands crossed, sat at the same table as Walt Nauta, his personal aide who is charged as his co-conspirator. Trump wore a red tie and sat stone-faced through the proceeding.
The history-making arraignment, centering on charges that Trump mishandled government secrets that as commander-in-chief he was entrusted to protect, kickstarts a legal process that will unfold at the height of the 2024 presidential campaign and carry profound consequences not only for his political future but also for his own personal liberty.
Trump approached his arraignment with characteristic bravado, posting social media broadsides against the prosecution from inside his motorcade and insisting as he has through years of legal woes that he has done nothing wrong and was being persecuted for political purposes. He sat inside the courtroom with his arms crossed as a lawyer entered a not guilty plea on his behalf in a brief arraignment that ended without him having to surrender his passport or otherwise restrict his travel.
Get top local stories in San Diego delivered to you every morning. Sign up for NBC San Diego's News Headlines newsletter.
But the gravity of the moment was unmistakable as he answered to 37 felony counts that accuse him of willfully retaining classified records that prosecutors say could have jeopardized national security if exposed, and the trying to hide them from investigators who demanded them back.
Trump delivered remarks Tuesday evening after flying to his Bedminster, New Jersey, resort. He called the federal charges against him "election interference." Trump made a similar argument when he was indicted in Manhattan over hush-money payments.
The remarks, with live coverage only from his favored cable channel, were rife with errors and falsehoods that went unchallenged in the moment.
It’s the second criminal case Trump is facing as he seeks to reclaim the White House in 2024. He’s also accused in New York state court of falsifying business records related to hush-money payments made during the 2016 campaign.
Trump has denied wrongdoing in both cases and slammed the prosecutions as politically motivated.
Supporters arrive at courthouse, but not in large numbers
Security was tight outside the Wilkie D. Ferguson federal courthouse Tuesday ahead of the former president’s court appearance.
But Trump supporters were noticeably few hours before the appearance — far outnumbered by the hundreds of journalists from the U.S. and around the world who have converged on downtown Miami for the historic occasion.
That recalled the scene in New York, where Trump was arraigned in April on a separate criminal case involving hush money he’s accused of paying during the 2016 presidential campaign. Then, there were far more reporters than demonstrators for and against the former president.
Among those who arrived early Tuesday in Miami were father and son Florencio and Kevin Rodriguez, who came to the U.S. 15 years ago as asylum seekers fleeing Cuba. Wearing a shirt bearing the slogan “Jesus is my savior, Trump my president,” the younger Rodriguez, Kevin, said it is possible that Trump is guilty of illegally retaining classified documents.
But he questioned the fairness of the proceedings in light of what he said was prosecutors’ lax attitude toward President Joe Biden and former Secretary of State Hillary Clinton. They’ve both been accused of mishandling classified intelligence and not appeared in court, though they also have not faced accusations of intentionally hiding their actions, like Trump has.
“Even if he’s guilty, we will still support him,” Rodriguez said, noting the Trump administration’s staunch opposition to Cuba’s government, “We never abandon our amigos — those who love this country and our liberty.”
Scenes from Donald Trump's 1st-ever federal arraignment
Implications for the former president
The case is laden with political implications for the 76-year-old Trump, who currently holds the dominant spot in the early days of the 2024 Republican presidential primary. But it also poses profound legal impact given the prospect of a years-long prison sentence. Even for a defendant whose post-presidential life has been dominated by investigations, the documents probe has stood out for both the apparent volume of evidence amassed by prosecutors and the severity of the allegations.
It's also a watershed moment for a Justice Department that until last week had never before brought charges against a former president. Attorney General Merrick Garland, an appointee of President Joe Biden, sought to insulate the department from political attacks by handing ownership of the case last year to a special counsel, Jack Smith, who on Friday declared, “We have one set of laws in this country, and they apply to everyone.”
The arraignment, though largely procedural in nature, is the latest in an unprecedented public reckoning this year for Trump, who faces charges in New York arising from hush money payments during his 2016 presidential campaign as well as ongoing investigations in Washington and Atlanta into efforts to undo the results of the 2020 race. He's sought to project confidence in the face of unmistakable legal peril, attacking Smith as “a Trump hater,” pledging to stay in the race and scheduling a speech and fundraiser for Tuesday night at his Bedminster, New Jersey, golf club.
“They’re using this because they can’t win the election fairly and squarely,” Trump said Monday in an interview with Americano Media.
A federal grand jury in Washington had heard testimony for months in the documents case, but the Justice Department filed it in Florida, where Trump's Mar-a-Lago resort is located and where many of the alleged acts of obstruction occurred. Though Trump is set to appear Tuesday before a federal magistrate, the case has been assigned to a District Court judge he appointed, Aileen Cannon, who ruled in his favor last year in a dispute over whether an outside special master could be appointed to review the seized classified documents. A federal appeals panel ultimately overturned her ruling.
It's unclear what defenses Trump is likely to cite as the case moves forward. Two of his lead lawyers announced their resignation on the morning after his indictment, and the notes and recollections of another attorney, M. Evan Corcoran, are cited repeatedly throughout the 49-page charging document, suggesting that prosecutors may see him as a key witness.
More: Trump Indictment
Trump has said he's looking to add to his legal team though no announcements were made Monday. But that matters because, under the rules of the district, defendants are required to have a local lawyer for an arraignment to proceed.
The Justice Department unsealed Friday an indictment charging Trump with 37 felony counts, 31 relating to the willful retention of national defense information. Other charges include conspiracy to commit obstruction and false statements.
The indictment alleges Trump intentionally retained hundreds of classified documents that he took with him from the White House to Mar-a-Lago after leaving the presidency in January 2021. The material he stored, including in a bathroom, ballroom, bedroom and shower, included material on nuclear programs, defense and weapons capabilities of the U.S. and foreign governments and a Pentagon “attack plan,” the indictment says. The information, if exposed, could have put at risk members of the military, confidential human sources and intelligence collection methods, prosecutors said.
Beyond that, prosecutors say, he sought to obstruct government efforts to recover the documents, including by directing personal aide Walt Nauta — who was charged alongside Trump — to move boxes to conceal them and also suggesting to his own lawyer that he hide or destroy documents sought by a Justice Department subpoena.
Tucker reported from Washington. Associated Press writers Jill Colvin in New York, Adriana Gomez Licon in Miami and Terry Spencer in Doral, Florida, contributed to this report.
