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In court, Trump faced charges with no cameras present. Outside, he counterprogramed for TV

By JOSHUA GOODMAN and SARA BURNETT, Associated Press
Published: June 13, 2023, 3:25pm
5 Photos
A demonstrator holds a sign that reads "Lock Him Up" as members of the media, protesters and supporters of former President Donald Trump wait for Trump to arrive at Trump National Doral, Monday, June 12, 2023, in Doral, Fla.
A demonstrator holds a sign that reads "Lock Him Up" as members of the media, protesters and supporters of former President Donald Trump wait for Trump to arrive at Trump National Doral, Monday, June 12, 2023, in Doral, Fla. (AP Photo/Evan Vucci) Photo Gallery

MIAMI (AP) — Former President Donald Trump gave a wave and a signature thumbs up to crowds outside the federal courthouse in downtown Miami after pleading not guilty to criminal charges. He then headed to a local Cuban restaurant where he warmly greeted waiting supporters in a camera-ready scene that resembled a campaign stop.

In the largely unseen moments on Tuesday — his attorney entering his plea, Trump sitting grim-faced with arms folded across his chest — the gravity of being the first former president charged with a federal crime was apparent.

In the seen moments, broadcast around the world in real time, there was a long motorcade, flag-waving supporters and a smaller number of anti-Trump protesters outside the courthouse.

Then the former president had a detour in mind, to a popular Cuban restaurant where he was all smiles, greeted by supporters, prayed over by a rabbi and shadowed by his personal aide, who also has been charged in the case.

A timeline of events leading to Donald Trump's indictment in the classified documents case

The 49-page federal indictment of former President Donald Trump lays out a stunning timeline of events, detailing allegations that he not only mishandled sensitive material, but also took steps to hide records and impede investigators.

Here are some of the key events leading to the 37 criminal charges against Trump, according to the indictment:

Jan. 20, 2021: As Trump leaves the White House, he directs the movement of dozens of storage boxes to Mar-a-Lago, prosecutors say. The boxes, packed by Trump and his White House staff, contain newspaper clippings, letters, photos and other mementos from his time in office, but also hundreds of classified documents that, as a former president, he wasn't authorized to have.

Under the Presidential Records Act, presidential records are considered federal, not private property and must be turned over to the National Archives and Records Administration. Multiple federal laws govern the handling of classified and sensitive documents, including statutes making it a crime to remove such material and keep it at an unauthorized location.

After Jan. 20, 2021: Some boxes brought from the White House are stored on a stage in one of Mar-a-Lago’s gilded ballrooms. A photo in the indictment shows boxes stacked on a stage.

March 15, 2021: Boxes are moved from the ballroom to the business center at Mar-a-Lago.

April 2021: Some boxes are moved into a bathroom and shower. A photo included in the indictment shows them stacked next to a toilet, a vanity and a trash can.

May 2021: Trump directs employees to clean out a storage room in a highly accessible area on Mar-a-Lago’s ground floor so it can be used to store his boxes, the indictment says. Trump also directs that some boxes be brought to his Bedminster, New Jersey, summer residence.

On or about May 6, 2021: Realizing that some documents from Trump's presidency may be missing, the National Archives asks that he turn over any presidential records he may have kept upon leaving the White House. The agency makes subsequent, repeated demands.

June 2021: The National Archives warns Trump through his representatives that it will refer the matter to the Justice Department if he does not comply.

June 24, 2021: Boxes are moved to the storage room. More than 80 boxes are kept there.

July 21, 2021: Trump allegedly shows a military “plan of attack” that he says is “highly confidential” to a writer interviewing him at his Bedminster property. Trump remarks, “as president I could have declassified it. ... Now I can’t, you know, but this is still a secret,” according to the indictment, citing a recording of the interview.

August or September 2021: Trump allegedly shows a classified map relating to a foreign military operation to a representative of his political action committee at his Bedminster golf course, the indictment says. Trump tells the person that he shouldn’t be showing anyone the map and that the person shouldn't get too close.

November 2021: Trump directs his executive assistant and “body man” Walt Nauta and another employee to start moving boxes from a storage room to his residence for him to review. Nauta is charged in the indictment as Trump’s co-conspirator.

Dec. 7, 2021: Nauta finds that several of Trump’s boxes have fallen, spilling papers onto the storage room floor, the indictment says. Among them is a document with a “SECRET" intelligence marking. According to the indictment, Nauta texts another Trump employee, “I opened the door and found this,” to which the other employee replies, “Oh no oh no.”

Late December 2021: The National Archives continues to demand that Trump turn over missing records from his presidency. In late December 2021, a Trump representative tells the agency that 12 boxes of records have been found and are ready to be retrieved.

January 17, 2022: Trump turns over 15 boxes to the National Archives. According to the indictment, Nauta and another Trump employee load them into Nauta's car and take them to a commercial truck for delivery to the agency.

The boxes are found to contain 197 documents with classified markings, including 69 marked confidential, 98 secret and 30 top secret. Some documents have markings suggesting they include information from highly sensitive human sources or the collection of electronic “signals” authorized by a court under the Foreign Intelligence Surveillance Act.

Feb. 9, 2022: The National Archives refers the matter to the Justice Department after a preliminary review finds the boxes contain numerous classified documents. The special agent in charge of the agency’s Office of the Inspector General writes, “Of most significant concern was that highly classified records were unfoldered, intermixed with other records" and otherwise improperly identified.

Feb. 10, 2022: Trump’s Save America PAC releases a statement insisting the return of the documents had been “routine” and “no big deal.” Trump insists the “papers were given easily and without conflict and on a very friendly basis,” and adds, “It was a great honor to work with" the National Archives "to help formally preserve the Trump Legacy.”

Feb. 18, 2022: In a letter to a congressional oversight committee, the National Archives reveals the boxes contained classified information and confirms the Justice Department referral. Trump’s Save America PAC releases another statement insisting, “The National Archives did not ‘find’ anything,” but “were given, upon request, Presidential Records in an ordinary and routine process to ensure the preservation of my legacy and in accordance with the Presidential Records Act.”

March 30, 2022: The FBI opens its investigation.

April 12, 2022: The National Archives informs Trump that, at the Justice Department's request, it intends to provide the FBI with the 15 boxes he turned over on Jan. 17, 2022. Trump’s representative asks for an extension until April 29.

April 26, 2022: The grand jury investigation begins.

April 29, 2022: The Justice Department asks Trump’s lawyers for immediate access to the 15 boxes, citing national security interests and the need for “an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported.” Trump’s lawyers again ask for an extension, saying they need to review the material to “ascertain whether any specific document is subject to privilege.”

May 10, 2022: The National Archives informs Trump’s lawyers that it will provide the FBI access to the boxes as soon as May 12.

May 11, 2022: A grand jury issues a subpoena to Trump and his office requiring that they turn over all classified materials in their possession.

May 23, 2022: Trump’s lawyers advise him to comply with the subpoena, but Trump balks, telling them, “I don’t want anybody looking through my boxes." Prosecutors, citing notes from one of the lawyers, say Trump wondered aloud about dodging the subpoena, asking his counsel, “Wouldn't it be better if we just told them we don’t have anything here?” and ”isn't it better if there are no documents?"

May 26, 2022: Nauta is interviewed by the FBI and, according to prosecutors, repeatedly lies about his knowledge of the movement of boxes at Mar-a-Lago. Nauta claims he wasn't aware of boxes being brought to Trump’s residence for his review and says he didn't know how boxes turned over to the National Archives got to Trump’s residence.

Nauta also lies when asked whether he knew where Trump’s boxes were stored before they went to his residence and whether they’d been in a secured or locked location, prosecutors say. His reply, according to the indictment: “I wish, I wish I could tell you. I don’t know. I don’t — I honestly just don’t know.”

June 2, 2022: One of Trump’s lawyers returns to Mar-a-Lago to search boxes in the storage room and finds 38 additional classified documents — five documents marked confidential, 16 marked secret and 17 marked top secret. After the search, prosecutors say, Trump asks: “Did you find anything? ... Is it bad? Good?” and makes a plucking motion that the lawyer takes to mean that he should take out anything “really bad" before turning over the papers.

Prior to the search, prosecutors say, Trump had Nauta move 64 boxes from the storage room to his residence. Of those, 30 were moved back to the storage room, leaving 34 boxes in Trump’s residence and out of the lawyer’s sight.

June 3, 2022: FBI agents and a Justice Department lawyer visit Mar-a-Lago to collect the 38 classified documents from Trump’s lawyer. They are in a single accordion folder, double-wrapped in tape. While there, investigators are allowed to go to the storage room, but are “explicitly prohibited” from looking inside boxes, “giving no opportunity" for them “to confirm that no documents with classification markings remained,” according to a court filing.

Trump tells investigations he's “an open book,” according to the indictment. Another Trump lawyer, acting as his custodian of records, provides investigators a sworn certification that prosecutors say falsely claimed they had conducted a “diligent search” of boxes moved from the White House and “any and all responsive documents" were turned over.

Earlier in the day, prosecutors say, some boxes were loaded onto a plane so Trump could take them to Bedminster for the summer.

June 8, 2022: The Justice Department sends Trump’s lawyer a letter asking that the storage room be secured, and that “all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until farther notice.”

July 2022: The grand jury is shown surveillance video of boxes being moved at Mar-a-Lago.

Aug. 5, 2022: The Justice Department applies for a warrant to search Mar-a-Lago, citing “probable cause” that additional presidential records and classified documents were being stored there. U.S. Magistrate Judge Bruce Reinhart approves the application the same day.

Aug. 8 2022: The FBI searches searches Mar-a-Lago, seizing 102 classified documents — 75 in the storage room and 27 in Trump’s office, including three found in office desks.

The Justice Department says in a subsequent court filing that the results call “into serious question" earlier representations by Trump’s legal team that they had conducted a “diligent search” and that no classified documents remained.

Aug. 12, 2022: Reinhart makes public the warrant authorizing the Mar-a-Lago search. The document reveals that federal agents are investigating potential violations of three federal laws, including the Espionage Act.

Aug. 26, 2022: A highly redacted version of the affidavit laying out the FBI’s rationale for searching Mar-a-Lago is made public.

Aug. 30, 2022: After Trump's lawyers request a special master to review the documents for possible executive privilege, the Justice Department responds with a filing that reveals new details about the investigation and a photo of seized documents with marking like “TOP SECRET//SCI” splayed out on a Mar-a-Lago carpet.

March 24, 2023: One of Trump’s lawyers, M. Evan Corcoran, testifies before the Mar-a-Lago grand jury in Washington after being forced to do so by a judge. The Justice Department, in a hugely significant moment in the investigation, succeeded in piercing the attorney-client privilege by arguing that Trump had used Corcoran’s legal services in furtherance of a crime.

June 8, 2023: A grand jury in Miami indicts Trump and Nauta. Trump announces the indictment on his Truth Social platform, calling it “a DARK DAY for the United States of America.” In a video post, he says, “I’m innocent and we will prove that very, very soundly and hopefully very quickly.”

June 9, 2023: The indictment is made public. It shows that Trump is charged with 37 felony counts, including conspiracy to obstruct justice, corruptly concealing a document or record and willful retention of national defense information. Nauta is charged with six counts, including conspiracy to obstruct justice.

Special counsel Jack Smith, who brought the case, makes a brief public statement at his office in Washington, saying: “Our laws that protect national defense information are critical to the safety and security of the United States and they must be enforced. Violations of those laws put our country at risk.”

June 13, 2023: Trump is scheduled to make an initial court appearance at 3 p.m. alongside Nauta at the federal courthouse in Miami.

Trump has long been adroit at creating his own portrait of events, and the restaurant stop was an effort at counter-programing as he campaigns again for president and maintains that he has been unfairly targeted by political rivals.

The international attention and screaming crowds were another sign of the extraordinary nature of the day’s events and the person at the center of it all. A defendant like no other, Trump was the first former president to appear before a federal judge on criminal charges. He also is leading the Republican field for the 2024 presidential nomination, holding his status as frontrunner even as he has faced other these and other legal troubles.

Hardly any of those gathered in Miami interacted with Trump, if they saw him at all through the window of his SUV. He arrived as part of a motorcade that entered the courthouse garage for his hearing on felony charges. The former president also left in the SUV with the windows rolled up before heading to Versailles, a restaurant, coffee shop and bakery that is a required stop for politicians visiting Miami. There, the crowd serenaded him with the “Happy Birthday” song, one day before the former president’s 77th birthday.

“Some birthday! We’ve got a government that’s out of control,” Trump said.

Trump has been making frequent stops at local restaurants during his campaign trips, in part to contrast his easy rapport with his supporters with his chief rival, Florida Gov. Ron DeSantis. But Tuesday’s stop was different, aimed at showcasing Trump’s continued support from GOP voters and to signal that he remains unbowed by the indictments.

He then headed to the airport for his flight back to New Jersey aboard his personal jet.

Security everywhere was tight. About a half-dozen federal police vehicles formed a barricade, keeping people from a palm tree-lined breezeway and the public entrance to the modern Wilkie D. Ferguson federal courthouse. A police helicopter passed overhead at times, and about two dozen Miami police officers circled the building on bicycles.

The scene included what is now a staple of a Trump appearance or rally. People selling T-shirts with Trump’s face in a mock mugshot, with large letters reading “NOT GUILTY,” others hawking hats, but also, fitting for Miami, mangoes.

Some waved Trump 2024 flags, supporting his bid for president. Another man, who opposes Trump, dressed in black-and-white prison stripes and held a sign reading “LOCK HIM UP.” At times, people shouted past each other, and small groups of pro-Trump supporters and anti-Trump protesters squabbled, occasionally yelling obscenities at each other.

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Domenic Santana, who showed up in the jailhouse uniform complete with handcuffs and a plastic ball and chain, said he “wanted to join the circus.”

Santana came to the U.S. as a child from Cuba and retired in Miami after decades operating an eatery in the New York area. The 61-year-old considers himself a political independent and says his mother and daughter voted for Trump.

“A fellow New Yorker can spot a rat a mile away,” he said. “Frankly, he should’ve been locked up ages ago.”

More typical, among the earliest arrivals outside the courthouse was the father-son duo of Florencio and Kevin Rodriguez, who came to the U.S. fifteen years ago as asylum seekers fleeing dictatorship in Cuba.

Wearing a shirt that read “Jesus is my savior, Trump is my president,” the younger Rodriguez, Kevin, said it was possible that Trump was 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 — both of whom have also been accused of mishandling classified intelligence, though without any intention of hiding their actions.

“Even if he’s guilty, we will still support him,” Rodriguez said.

Madelin Munilla, 67, who came to Miami a child when her parents fled Fidel Castro’s Cuba, carried a sign with a photo of Biden alongside leaders who had their opponents put in jail.

“This is what they do in Latin America,” she said.

Others came to counter the Trump supporters. Jack Kaplan, 68, drove two hours from Ft Pierce. Carrying a copy of the indictment affixed to a clipboard and a sign reading “Trump is Toast,” the retired car dealer said he’ll celebrate with a $1,400 bottle of Mouton Rothschild red wine if the former president is locked away.

“I’ve already got the bottle sitting in my wine cooler,” said Kaplan as a Trump supporter carrying a sign reading “Keep America Great” walked by. “I’m going to have a big party.”

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