Trump indictment is legal, political drama that's become American's latest fault line
MINNEAPOLIS -- There is no precedent; this is it.
"Another entry into an unchartered area," said CBS News Political Director Fin Gomez. "This is unique in a legacy that's probably one of the most unique ever as far as presidents go."
Former President Donald Trump pleaded not guilty Tuesday to 37 felony counts related to his alleged mishandling of classified documents. This is the first time the Department of Justice has ever charged a former president with a crime.
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"If you look at the historical context, we talk about Richard Nixon," Gomez said. "Richard Nixon resigned over the threat of impeachment. If you look at Donald Trump, he's been impeached twice by the House. That was a different scenario altogether."
Trump was released on his own recognizance after the 45-minute proceeding. As a condition of his release, he is barred from talking to his aide Walt Nauta, who was charged on six counts in the 44-page indictment, about the case.
Trump will not be required to relinquish his passport and there will be no limit on his domestic or international travel. He departed the courthouse just before 4 p.m. E.T., and was en route to his Bedminster golf club for a speech and fundraiser.
"Donald Trump is eating this up and gaining momentum, gaining fundraising strength and gaining support across early primary states," Gomez said. "Our latest CBS News polling shows that the overwhelming amount of likely Republican primary voters believe these charges, this investigation, is all politically motivated."
Despite the historic nature of the defendant, however, legal experts explained to WCCO News that the next steps in the legal process are rather routine.
"Doesn't matter if you're talking about your neighbor across the street or a former president of the United States," said Chris Keyser, a Minneapolis criminal defense attorney whose docket includes multiple federal cases. "The rights that apply to that person are the same and the process is the same."
Those rights, according to Keyser, include his being read his Miranda rights at Tuesday's arraignment. It also includes a right to a speedy trial within 70 days -- or the option to delay by extending the discovery process and filing pretrial motions.
"It could be asking the court to take a look at certain evidence in the case that they want to keep out of a trial," he said. "Maybe it's something that they thought was obtained illegally by the government. Maybe they think their client's rights were violated in some way. Those are classic examples."
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Judge Aileen Cannon, who was appointed by President Trump to serve in the Southern District of Florida, will hear the case. Keyser said she will have discretion on the schedule and timing of the proceedings.
"The judge is going to take into consideration a variety of factors. How complex the case is, media attention, the fact that it's a former president of the United States. I don't suspect we'll see a trial within 70 days by any means," Keyser said.
CBS News correspondent Scott MacFarlane, who was in the courtroom, said that it was announced that the case is still earmarked for Cannon, though it's unclear whether she will remain the presiding judge.
A previous ruling by Cannon granting Trump's request for a special master and ordering the Justice Department to temporarily stop using the seized materials for its investigation until completion of the special master's review was criticized by a higher court. The decision was then reversed by the U.S. Court of Appeals for the 11th Circuit in a unanimous ruling.
That decision has led to calls for her to recuse herself in this case.