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What to expect when Trump appears in federal court in Miami to face felony charges

By MEG KINNARD, , Associated Press,
Published: June 13, 2023, 8:50am
5 Photos
This image, contained in the indictment against former President Donald Trump, shows boxes of records being stored on the stage in the White and Gold Ballroom at Trump's Mar-a-Lago estate in Palm Beach, Fla. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023.
This image, contained in the indictment against former President Donald Trump, shows boxes of records being stored on the stage in the White and Gold Ballroom at Trump's Mar-a-Lago estate in Palm Beach, Fla. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023. (Justice Department via AP) Photo Gallery

Donald Trump makes his first appearance in a Miami federal court on Tuesday facing 37 counts related to the mishandling and retention of classified documents at his Mar-a-Lago estate.

Here’s a look at the charges, the special counsel’s investigation and how Trump’s case differs from those of other politicians known to be in possession of classified documents:

WHAT HAPPENS NEXT?

Trump was to surrender to federal authorities ahead of a hearing scheduled for 3 p.m. in federal court in Miami. He was to appear alongside his valet Walt Nauta, who is also charged in the case.

Unlike his arraignment in New York, there won’t be photographs from the courtroom because cameras aren’t allowed in federal court. There may, however, be sketch artists, and theirs would be the only images from the actual courtroom appearance.

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.

There’s also a prohibition on reporters bringing electronic devices into the courthouse, so there won’t be live updates by tweet or text. That rule is usually up to to each federal judge, but an order has been issued in this case specifically imposing restrictions for Trump’s initial hearing.

Trump and Nauta are expected to enter not guilty pleas in the case, and both sides will discuss any potential conditions of bail, which could include an order to surrender the former president’s passport.

Trump will not be subjected to a mugshot photo when he appears in federal court because authorities have enough photos of him in their identification system. That’s according to a spokesman for the U.S. Marshals Service, who said that Trump’s digital fingerprints would be taken and his birthdate and Social Security number recorded.

WHAT ARE THE CHARGES?

Trump faces 37 counts related to the mishandling of classified documents, including 31 counts under an Espionage Act statute pertaining to the willful retention of national defense information. The charges also include counts of obstructing justice and making false statements, among other crimes.

Trump is accused of keeping documents related to “nuclear weaponry in the United States” and the “nuclear capabilities of a foreign country,” along with documents from White House intelligence briefings, including some that detail the military capabilities of the U.S. and other countries, according to the indictment.

Prosecutors allege Trump showed off the documents to people who did not have security clearances to review them and later tried to conceal documents from his own lawyers as they sought to comply with federal demands to find and return documents.

The top charges carry penalties of up to 20 years in prison.

HOW DID THIS CASE COME ABOUT?

Officials with the National Archives and Records Administration reached out to representatives for Trump in spring 2021 when they realized that important material from his time in office was missing.

According to the Presidential Records Act, White House documents are considered property of the U.S. government and must be preserved.

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A Trump representative told the National Archives in December 2021 that presidential records had been found at Mar-a-Lago. In January 2022, the National Archives retrieved 15 boxes of documents from Trump’s Florida home, later telling Justice Department officials that they contained “a lot” of classified material.

That May, the FBI and Justice Department issued a subpoena for remaining classified documents in Trump’s possession. Investigators who went to visit the property weeks later to collect the records were given roughly three dozen documents and a sworn statement from Trump’s lawyers attesting that the requested information had been returned.

But that assertion turned out to be false. With a search warrant, federal officials returned to Mar-a-Lago in August 2022 and seized more than 33 boxes and containers totaling 11,000 documents from a storage room and an office, including 100 classified documents.

In all, roughly 300 documents with classification markings — including some at the top secret level — have been recovered from Trump since he left office in January 2021.

DIDN’T PRESIDENT JOE BIDEN AND FORMER VICE PRESIDENT MIKE PENCE HAVE CLASSIFIED DOCUMENTS, TOO?

Yes, but the circumstances of their cases are vastly different from those involving Trump.

After classified documents were found at Biden’s think tank and Pence’s Indiana home, their lawyers notified authorities and quickly arranged for them to be handed over. They also authorized other searches by federal authorities to search for additional documents.

There is no indication either was aware of the existence of the records before they were found, and no evidence has so far emerged that Biden or Pence sought to conceal the discoveries. That’s important because the Justice Department historically looks for willfulness in deciding whether to bring criminal charges.

A special counsel was appointed earlier this year to probe how classified materials ended up at Biden’s Delaware home and former office. But even if the Justice Department were to find Biden’s case prosecutable on the evidence, its Office of Legal Counsel has concluded that a president is immune from prosecution during his time in office.

As for Pence, the Justice Department informed his legal team earlier this month that it would not be pursuing criminal charges against him over his handling of the documents.

WHAT ABOUT HILLARY CLINTON?

In claiming that Trump is the target of a politically motivated prosecution, some fellow Republicans have cited the Justice Department’s decision in 2016 not to bring charges against former Secretary of State Hillary Clinton, Trump’s Democratic opponent in that year’s presidential race, over her handling of classified information.

Clinton relied on a private email system for the sake of convenience during her time as the Obama administration’s top diplomat. That decision came back to haunt her when, in 2015, the intelligence agencies’ internal watchdog alerted the FBI to the presence of potentially hundreds of emails containing classified information.

FBI investigators would ultimately conclude that Clinton sent and received emails containing classified information on that unclassified system, including information classified at the top secret level. Of the roughly 30,000 emails turned over by Clinton’s representatives, the FBI has said, 110 emails in 52 email chains were found to have classified information, including some top secret.

After a roughly yearlong inquiry, the FBI closed the investigation in July 2016, finding that Clinton did not intend to break the law. The bureau reopened the inquiry months later, 11 days before the presidential election, after discovering a new batch of emails. After reviewing those communications, the FBI again opted against recommending charges.

At the time, then-FBI Director James Comey condemned Clinton’s email practices as “extremely careless,” but noted that there was no evidence that Clinton had violated factors including efforts to obstruct justice, willful mishandling of classified documents and indications of disloyalty to the U.S.

DOES A FEDERAL INDICTMENT PREVENT TRUMP FROM RUNNING FOR PRESIDENT?

No. Neither the indictment itself nor a conviction would prevent Trump from running for or winning the presidency in 2024.

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