Donald Trump arrived at a courthouse in Miami on Tuesday where he is expected to plead not guilty in an initial appearance to answer the first federal indictment brought against a former US president.
Trump has accused prosecutors of conducting a “witch hunt” over his alleged failure to return sensitive US national security records after leaving office. He is scheduled to appear before a judge at about 3pm Eastern Time.
Describing the day as “one of the saddest . . . in the history of our country” on his Truth Social platform shortly before entering the courthouse, the former president declared: “We are a nation in decline.”
Trump arrived at the courthouse at about 2pm after travelling in a motorcade from his resort hotel in nearby Doral and was arrested shortly afterwards. He had landed in Miami on Monday night from Bedminster, New Jersey, where he is expected to return later on Tuesday to deliver public remarks.
He is expected to be fingerprinted and to give a DNA sample after the hearing concludes. Ahead of his appearance, protesters for and against him gathered outside the courthouse, waving flags and chanting slogans.
Since the historic 37-count indictment was revealed, Trump has lashed out at the Biden administration and prosecutors bringing the case, labelling it “ridiculous and baseless”.
But legal experts said they were surprised by the breadth of evidence laid out in the Department of Justice case unsealed last week, which includes charges of conspiracy to obstruct justice, concealing documents in a federal investigation and making false statements.
The indictment alleges that Trump illegally moved classified material to his Mar-a-Lago, Florida, residence after leaving the White House in 2021 and subsequently lied during the government’s investigation into the records.
Meanwhile, Trump showed sensitive records such as a US “plan of attack” against a foreign country to visitors while admitting it was a “secret”, prosecutors alleged.
The indictment included photographs of boxes of classified documents stacked in a bathroom and a shower, a ballroom and a storage room at Mar-a-Lago, his estate that is also a bustling events venue.
The investigation was spearheaded by Jack Smith, the special counsel appointed by attorney-general Merrick Garland to oversee DoJ probes involving Trump. It is unclear whether Smith will appear in court on Tuesday. The DoJ declined to comment.
During arraignments, defendants typically submit their initial plea and the court decides whether they should be taken into custody or be released pending trial.
The case will be heard by Aileen Cannon, a federal judge nominated to the bench by Trump. Last year, she granted his request for a “special master” to review the records seized by the FBI at Mar-a-Lago, although that decision was overturned by an appeals court.
The Miami court on Monday issued an order banning members of the media from bringing mobile phones “and/or electronic equipment” inside the courthouse on Tuesday.
Another defendant has been charged as an alleged co-conspirator: Waltine Nauta, a former White House valet who later became Trump’s assistant. Trump’s attempt to beat the charges could be complicated if Nauta decides to co-operate with prosecutors.
If Trump is convicted, the maximum prison term for each count ranges from five to 20 years. But experts said it was unlikely that he would serve that much prison time, if he is jailed at all.
The federal case is the second time Trump has been indicted in less than a year. In April he pleaded not guilty to 34 felony counts of falsifying business records in a case brought in a state court by the Manhattan district attorney. A trial has been tentatively set for March 2024.
There could be more legal complications to come. Smith is overseeing a separate investigation into alleged interference in the 2020 presidential election, as is Fani Willis, the district attorney in Fulton county, Georgia.
Trump is using the criminal case to rally voters as he campaigns for the Republican presidential nomination next year. Joe Biden, the Democratic president, has said he will run again.
Biden is facing a separate investigation by another special counsel over classified material found in his residential garage in Delaware and a former private office in Washington.
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