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.
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 with 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. ET. He later flew to New Jersey, where he addressed supporters at his Bedminster resort on Tuesday night.
Trump, who flew on his private plane to Miami on Monday, arrived at courthouse at around 1:50 p.m. ET and then was booked.
Officials told reporters ahead of the arraignment that there would be no mugshot, and cameras were not allowed in the courthouse.
Special counsel Jack Smith, whose office led the investigation that led to the Justice Department to charge Trump, arrived in Miami on Monday night.
Follow updates below:
Trump takes the stage in Bedminster
Trump took the stage at his Bedminster, New Jersey, resort at 8:45 p.m. to "God Bless the USA" and chants of "Trump, Trump, Trump."
Supporters waved and caught video of the former president on their cell phones.
Trump, making his first public remarks since being arraigned, again repeated many of the same false claims he has made over the past several days, alleging the indictment is a "political persecution like something straight out of a fascist or communist nation."
A defiant Trump also falsely claimed presidents have an "absolute right" to keep any and all documents they want.
Trump touches down in New Jersey
The former president has touched down in Newark, New Jersey, ahead of his speech at his club in Bedminster.
Rows of chairs for supporters were set up at the club, and reporters were required to wait in the sun all afternoon for Trump's arrival.
Why some citizens waited hours to see Trump arraigned
Just seven members of the general public, along with a couple dozen reporters, were allowed into the federal courtroom during former President Donald Trump's arraignment Tuesday.
They waited for hours, unsure if they'd be able to witness the proceeding in-person.
"I had the day free and the former president's here getting arraigned. It's unprecedented history," Raj Abhyanker, a lawyer from California, told CBS News.
Lazaro Ecenarro, a Trump supporter wearing a Make America Great Again hat, also said he was drawn to the courthouse by the significance of the moment.
"This is historic," Ecenarro said. "What we're witnessing is historic, but at the same time it's embarrassing because it makes us a laughingstock internationally."
How much influence could Judge Aileen Cannon have on the Trump case?
U.S. District Judge Aileen Cannon, who was appointed by former President Donald Trump, remains assigned to oversee his classified documents case.
Last year, Cannon was involved in the legal case surrounding the FBI's August 2022 search at Mar-a-Lago. In response to a lawsuit brought by Trump, Cannon agreed to appoint a special master — a neutral third party — to review the items seized by the FBI during its search. However, her ruling, which was widely criticized by legal experts, was later reversed by an appeals court.
Jessica Levinson, a CBS News legal contributor and professor at Loyola Law School, explains how much impact Cannon could have on the case.
Levinson said Cannon will have "a lot of control over jury selection." She also explained how Rule 29 could come into play.
"She (Cannon) can actually, under the federal rules of criminal procedure, she can actually substitute her own judgment, like any other federal judge can, for the judgment of the jury," Levinson said. "After the prosecution has completed its case — before the jury reaches a verdict — she can say, 'There's not enough evidence here.' And if she makes that decision, it's not appealable, it's not reviewable. So that would be huge. I'm not saying it's likely, but she has a lot of power."
Biden declines to comment on Trump arraignment
Asked if he would comment on the arraignment of his predecessor, President Biden said "no." The president has made a point not to comment on the case against Trump brought by his Justice Department.
Trump boards his plane to New Jersey
The former president boarded his plane at 4:40 p.m., lightly pumping his fist for the cameras. He is heading to Bedminster, New Jersey, to address supporters Tuesday night.
Trump's motorcade makes stop at popular restaurant in Little Havana
Trump's motorcade made a stop at Versailles Restaurant Cuban Cuisine, a well-known Cuban spot in Little Havana, a neighborhood where he has many supporters.
The restaurant is a popular spot for candidates on the campaign trail. Faith leaders prayed for the former president, and supporters snapped photos with him. Trump briefly addressed reporters, saying he would be giving a "little speech" at Bedminster.
Asked at the restaurant how the court went, Trump said he thinks his case is "going great."
"I think it's a rigged deal — we have a rigged country here with the country, we have a country that's corrupt," Trump added.
Supporters also sang "Happy Birthday" to the former president, who turns 77 on Wednesday.
Trump brought his own Sharpie to sign his personal surety bond
The former president brought his trademark Sharpie to the court to sign his personal surety bond. The signature Trump drew with his Sharpie was large and bold enough to be visible to reporters five rows back.
Trump's team left the room first, after the magistrate. Trump turned and looked at a few reporters before leaving, but did not appear to engage eye contact with special counsel Jack Smith.
By contrast, Smith, standing in the first row behind prosecutor David Harbach, appeared focused on Trump as he stood up and slowly walked out of the courtroom.
Conditions of Trump's release
Trump will not be required to surrender his passport, there will be no limit on his international or domestic travel, and he will be held on a personal surety bond that has no dollar value.
The former president will also not be allowed to talk with his co-defendant Walt Nauta, an aide to Trump and Navy veteran, about the facts of the case. They will be able to communicate otherwise.
The Justice Department will submit a list of people who could be witnesses in the case, many of whom are former or current employees of Trump or allies. The judge said that Trump will not be able to speak with people on this list. Trump's legal team had objections to this provision, but the judge decided the list would still be submitted, and any further disagreement would be settled by the court.
Trump's motorcade leaves Miami courthouse
Case still assigned to Judge Aileen Cannon, a Trump appointee
The case is still assigned to Aileen Cannon, a federal district judge in South Florida appointed by former President Donald Trump.
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 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.
Trump pleads not guilty to all charges
Trump pleaded not guilty to all 37 charges through his lawyer Todd Blanche.
Trump sat expressionless with his arms folded during the hearing, reported CBS News correspondent Scott MacFarlane, who was inside the courtroom. Trump wore a navy suit and red tie.
His co-defendant, Walt Nauta, sat at the same table as Trump and their attorneys.
Former Trump attorney Tim Parlatore says just because indictment "looks damning" doesn't mean it's accurate or tells the full story
Former Trump attorney Tim Parlatore acknowledged that the indictment, if one assumes everything in it is true, doesn't look great on its face. But Parlatore noted that as a criminal defense attorney, he often looks at indictments and the evidence doesn't always match up the way the Justice Department says it does.
"CBS Evening News" anchor and managing editor Norah O'Donnell asked Parlatore if Trump's former Attorney General Bill Barr's assessment that it's a "very, very damning indictment" is wrong.
"Well, I think that the problem is, you look at the indictment and if you just read it by yourself and you assume that everything in it is true and you kind of ignore a lot of the conduct of the DOJ team in getting this way, it can look that way," Parlatore said. "However, as a criminal defense attorney, one of the things that I do for a living is I take documents like this, I look at them a little more skeptically. I then go through the evidence to see if it actually matches up. And oftentimes, it doesn't. DOJ oftentimes will bring indictments where by the time we get to discovery, we realize, these aren't true, or they're certainly not airtight.
"Just because it looks damning" doesn't mean it is, Parlatore said.
Parlatore questioned the way the Justice Department has handled the case, in particular, the crime-fraud exception that was granted by a judge to pierce attorney-client privilege and allowed records of a conversation between Trump and Trump attorney Evan Corcoran to be presented to the grand jury.
Corcoran argued Judge Beryl Howell "got it wrong." Beyond his contention that Trump's legal team wasn't "able to fully litigate the motion," in response to the special counsel's motion to pierce the privilege, Parlatore cast Trump's comments to Corcoran as questions it would be reasonable for a client to ask: what am I required to do? What are we allowed to do?
He argued that one element that has not received much mention is Trump's remark, Parlatore said, "where he's specifically saying, 'I read about when Hillary Clinton got a subpoena and David Kendall deleted 33,000 emails. Are we allowed to do the same thing because they didn't get into trouble?" "You want clients to ask you those kinds of questions," he argued, so they can understand what their rights are, and they should be able to ask those questions in an attorney-client privilege environment.
Trump, according to notes included in the indictment, said, "I don't want anybody looking, I don't want anybody looking through my boxes, I really don't, I don't want you looking through my boxes." He also said, "Well what if we, what happens if we just don't respond at all or don't play ball with them?" and "Well look, isn't it better if there are no documents?"
Parlatore said ultimately, he thinks that testimony will be suppressed because Howell "got it wrong."
Trump enters courtroom as hearing begins
Trump entered the courtroom a few minutes before 3 p.m. ET with his lawyers as the hearing began. Special counsel Jack Smith is seated in the front row.
Trump booking process completed
The former president has officially been booked, as of approximately 2:30 p.m. Trump was not expected to have a mugshot, although he was expected to be fingerprinted and undergo a DNA swab.
After booking, the former president will be in the courtroom for the arraignment proceeding.
Trump spokesperson Alina Habba says former president is "defiant"
Trump attorney and spokesperson Alina Habba said the former president is "defiant" as he undergoes processing in federal court.
Habba, who is not representing Trump in this case, said "countless other individuals" including former Secretary of State Hillary Clinton and President Joe Biden retained possession of classified documents, "yet have not been prosecuted." She said the U.S. has a "two-tiered system of justice."
"The people in charge of this country do not love America," Habba said. "They hate Donald Trump. What we are witnessing today is the blatant and unapologetic weaponization of the criminal justice system."
Habba did not speak to whether her client did the things of which he stands accused by the Justice Department.
Habba compared the current situation to what happens in Cuba and Venezuela, something that elicits strong emotions for many in South Florida, which has a large immigrant population from those countries.
"We are at a turning point in our nation's history," Habba said. "The targeting, prosecution of a leading political opponent is the type of thing you see in dictatorships like Cuba and Venezuela."
Trump arrives at Miami courthouse
Trump's motorcade arrived at the federal courthouse in Miami at 1:50 p.m., greeted by supporters and opponents alike.
The public won't see much of Trump as he heads into the building.
Demonstrators gather outside the courthouse
A small group of pro-Trump supporters and anti-Trump protesters gathered Tuesday in front of Miami's Wilkie D. Ferguson Jr. courthouse, where The Associated Press reported they were squabbling.
Demonstrators began gathering in the pre-dawn hours, according to CBS News Miami.
Gregg Donovan, who came from California to support Trump, told CBS Miami that this is a "very sad day in America." He called it "surreal" and "the worst day since President Kennedy and President Lincoln were shot."
"I thought America was supposed to be the leader of, you know, the example, and now what's happening," he said.
Domenic Santana of Miami spoke out against Trump, saying, "America fell for the biggest con in history." Santana called Trump "a graduate from the school of rats" and said he "should have gone to jail a long time ago."
Around 10:30 a.m., the crowd was pushed back from an area by the courthouse where the media was stationed due to a "security threat." CBS Miami reporter Joe Gorchow said someone had attached what appeared to be a television to a light pole. It had a message on its front that used an expletive to describe the "communist media." The TV was taken down. A police K9 alerted to the area and members of the bomb squad were brought in to check it out.
Just before noon, the all clear was given and people were allowed to return to the area.
Trump ready to tell his side of story as he's arraigned in documents case, says attorney
Trump goes into his arraignment Tuesday with an understanding of the serious nature of the federal criminal charges filed against him, says a spokesperson for Trump, but he and his legal team are taking issue with an indictment that they say is politically motivated, lacks context and tells only one side of the story.
Trump attorney Alina Habba, now the spokesperson for the former president, told CBS News senior investigative correspondent Catherine Herridge in an interview before Trump's arraignment that "of course" he's aware of the seriousness of the charges, but argued the special counsel's team of prosecutors is applying the "antiquated" Espionage Act "to political opponents in a way that has never been seen before."
Read more here.
Vivek Ramaswamy calls on 2024 presidential candidates to commit to pardoning Trump
Republican presidential hopeful Vivek Ramaswamy, who has vowed to pardon former President Donald Trump if he's convicted in the federal case, said he sent a letter to other candidates asking them to make the same commitment.
His campaign said it mailed and emailed letters to 2024 presidential candidates, including Democrats Robert Kennedy and Marianne Williamson, asking them to either promote to pardon Trump or explain why they refuse.
Ramaswamy appeared outside the Miami courthouse on Tuesday, saying the indictment "reeks of politicization." Though he admitted he "would have made different judgments" than Trump.
"But a bad judgment is not illegal behavior," he said.
But former New Jersey Gov. Chris Christie, who announced his candidacy last week, called the indictment "very damning" in a town hall with CNN on Monday night.
"It is a very tight, very evidence-laden indictment. The conduct in there is awful," Christie said.
Sen. Tim Scott acknowledged Monday it was a "serious case with serious allegations," but added "you're innocent until proven guilty.
Trump departs Doral en route to courthouse
The former president's entourage has left his Doral resort, and is en route to the courthouse in Miami for the roughly 25-minute drive.
Feds concerned about security outside courthouse
Multiple federal sources have told CBS News that they are concerned about the security outside the courthouse, which Miami police are both providing and supervising. Miami police are using plastic yellow tape to cordon off the area, not metal bike rack fences or even the heavy garbage trucks that are used in New York and elsewhere to prevent access for high-profile events.
Federal sources are concerned if large crowds develop and got out of hand, the security would not hold.
The U.S. Marshals, U.S. Secret Service, federal court officers and the US. Department of Homeland Security only have jurisdictional protection inside the courthouse and of the former president himself, not outside the courthouse.
Jill Biden says it's "a little shocking" that Republicans still plan to vote for Trump after indictment
First lady Jill Biden said it's "a little shocking" that many Republicans still plan to vote for former President Donald Trump after he was indicted for his alleged mishandling of classified documents, according to the Associated Press.
"They don't care about the indictment. So that's a little shocking, I think," she said during a campaign fundraiser in New York City on Monday.
President Biden has so far declined to comment on the federal indictment.
A recent CBS News poll found that Trump is Republicans' top choice to take on Mr. Biden in the 2024 election.
No Trump mugshot, officials say
Trump will be booked either just before or just after the arraignment, depending on when he arrives, officials told reporters. An official familiar with the planning told CBS News that Trump will not be "arrested," but instead "processed" and in the loose custody of the U.S. Marshals.
There will not be a mugshot taken, officials said. The U.S. Marshals Service has determined it will use a previously taken photo. They will administer a digital fingerprint scan and collect typical information: date of birth, Social Security and recent address history. A decision about his passport will be made by pretrial services.
— Graham Kates, Andres Triay, Pat Milton
Trump indictment timeline — What happens after arraignment?
Trump's arraignment and trial will take place in the U.S. District Court in the Southern District of Florida, where the indictment against the former president was filed last week. Most of the alleged crimes described in the indictment occurred in or around Trump's Mar-a-Lago estate in Palm Beach.
The former president is expected to surrender to U.S. marshals at the federal courthouse in downtown Miami, where he'll be booked and processed.
Cameras have been prohibited in the courthouse, and there's little chance that the public will catch a glimpse of him during his arraignment. A group of media organizations sought to allow some photos to be taken, but the judge rejected the request. The courthouse complex is connected by underground tunnels, making it easier for Trump to evade the public.
At Trump's arraignment, which isn't expected to take long, Magistrate Judge Jonathan Goodman will set deadlines for federal prosecutors to turn over the evidence they've gathered to the defense. The court will then adjourn until a later date.
Read more here.
What to expect inside and outside the courtroom
Christie says Trump "doesn't give a damn about the American people"
Chris Christie, who is battling former President Donald Trump for the 2024 presidential nomination, said at a CNN town hall on Monday night that Trump "doesn't give a damn about the American people."
Christie, a former federal prosecutor, called Trump a "child" for not accepting the 2020 election results. He also called Trump a "three-time loser," adding "he hasn't won a damn thing since 2016."
Christie said he agreed with former Attorney General Bill Barr, who said on Fox News Sunday that Trump was "totally wrong that he had the right to have those documents."
When asked if President Biden "weaponized" the Justice Department against Trump, Christie said, "I don't think so ... The evidence looks pretty damning."
"We're in a situation where there are people in my own party who are blaming DOJ. How about blame him? He did it," Christie said.
Christie called Trump's conduct alleged in the indictment "vanity run amok, ego run amok."
— Grace Kazarian
Miami police prepare for protesters outside courthouse
Miami police said they were prepared for the possibility of thousands of protesters outside the federal courthouse.
The security preparations come as Trump is expected to be booked and processed after surrendering to U.S. Marshals — and after Trump urged his supporters to converge on Miami, through a social media post on his Truth Social platform.
The former president, however, is not expected to walk through the front door or any crowd, but through a private entrance with the Secret Service at his side.
Miami defense attorney Michelle Suskauer, a veteran in the field, believes the crowd is unlikely to catch even a glimpse of Trump when he arrives.
Read more here.
— Scott MacFarlane and Analisa Novak
Trump's legal team downplays Tuesday's arraignment as simply "procedural"
According to sources familiar with the planning, Trump is expected to be joined by lawyers Todd Blanche and Chris Kise. Meetings with local attorneys are continuing. One member of Trump's legal team downplayed Tuesday's arraignment as simply "procedural" when speaking about the upcoming court appearance.
After meetings last night with Walt Nauta's legal team and his own lawyers, Trump will keep meeting with Florida lawyers this week as he seeks to add more seasoned criminal defense lawyers to his legal team, they added. But for now, he's leaning on Blanche, who he sees as a "killer," and Kise, who knows Florida, to help him navigate this terrain.
Other Trump lawyers such as Lindsey Halligan and Boris Boris Epshteyn remain involved and often central in the "fight this in the court of public opinion" area, but as this enters a new, more serious phase in federal court, sources tell me an expanding team is necessary for Trump to be on strong footing ahead of a protracted legal battle with the special counsel.
— Robert Costa and Fin Gomez
Trump's advisers say his mood is "defiant and confident" over the charges
Trump huddled with top campaign and legal advisers on Monday night at his Trump Doral hotel ahead of his court scheduled court appearance on Tuesday. Trump and his team had dinner in a private room at the hotel's BLT Prime restaurant and next to the restaurant's circular bar that had the Miami Heat vs. Denver Nuggets NBA Finals game playing on the TV.
Trump's advisers said his mood ahead of the court appearance can be described as "defiant and confident" over the charges he faces, and that he plans to "fight" the federal charges.
His advisers said that Trump and his team have been buoyed by recent polls, including the new CBS poll, that showed in the aftermath of Thursday's indictment news, Trump had a formidable double-digit lead over the rest of the GOP field, including Ron DeSantis.
Earlier in the day, Trump was greeted with cheers and applause by hotel patrons and supporters when he first arrived into the lobby. A larger group of Trump supporters had congregated in a parking lot across the street from the opulent Doral property.
Pro-Trump supporters, some wearing Trump t-shirts and hats, sat at the bar and some said they were also planning on attending the courthouse protests on Tuesday. One Florida Trump supporter at the Trump Doral bar, a New York transplant who was staying at the hotel in hopes of running into the former president, said she hoped that Trump would not be convicted and imprisoned because she thought there could be a "civil war" if it were to happen.
Special counsel Jack Smith arrived in Miami Monday night
Special counsel Jack Smith, whose office oversaw the investigation that led to the Justice Department to charge Trump, arrived in Miami on Monday night.
Security in Miami heightened ahead of arraignment
Miami Police Chief Manny Morales said Monday that the city is ready for protests ranging anywhere between 5,000 to 50,000 people, and he encouraged any demonstrations to be peaceful.
"I just want to assure the city we are ready, and we're ready for it to be over and done," Morales said.
Security for Trump's court appearance will involve multiple law enforcement agencies, including U.S. Marshals, who are responsible for securing the courthouse and federal grounds; the U.S. Secret Service, which is responsible for providing security for Trump as a former president; Miami police, who will be responsible for the streets around the federal courthouse and dealing with protesters; as well as Miami-Dade County police, who will provide added security around the courthouse, Trump National Doral, and the movement of Trump around the county; Florida Highway Patrol, to help with road closures; and the Florida Department of Law Enforcement.
How are Trump's federal charges different from his New York indictment?
The federal charges come just a couple of months after Trump was charged by a New York grand jury in a separate case.
The Manhattan grand jury found Trump should be charged for allegedly illegally disguising payments to his "fixer" Michael Cohen, who paid adult film star Stormy Daniels ahead of the 2016 election to stay quiet about an alleged affair with Trump. Trump was charged with 34 felony counts of falsifying business records in the first degree.
On April 4, he spent about an hour inside a Manhattan courtroom with his legal team and became the first former president in U.S. history to face criminal charges. He pleaded not guilty.
While both cases could involve prison time if Trump is convicted, legal analysts say the federal charges, involving sensitive government documents, appear to raise greater concerns.
"For me the difference between the two cases is huge. It's not just state versus federal, it's also the severity of the crimes, it's the amount of evidence that's been amassed," Jessica Levinson, a Loyola Law School professor and CBS News legal contributor, said.
What are the charges against Trump?
The indictment, filed by special counsel Jack Smith, lists 37 felony counts against Trump related to his handling of sensitive government documents, including some that allegedly involve "defense and weapons capabilities" and U.S. nuclear programs. A Trump aide, Walt Nauta, is also charged in the case.
The 37 counts against Trump are:
- 31 counts of willful retention of classified documents
- 1 count of conspiracy to obstruct justice
- 1 count of withholding a document or record
- 1 count of corruptly concealing a document or record
- 1 count of concealing a document in a federal investigation
- 1 count of scheme to conceal
- 1 count of making false statements and representations.
Nauta, Trump's 40-year-old former valet, was charged with six counts:
- 1 count of conspiracy to obstruction justice
- 1 count of withholding a document or record
- 1 count of corruptly concealing a document or record
- 1 count of concealing a document in a federal investigation
- 1 count of scheme to conceal
- 1 count of making false statements or representations.
The charges against Trump involve 31 records "relating to the national defense" discovered at Mar-a-Lago, according to the indictment, including White House intelligence briefings from 2018 through 2020 related to foreign countries, documents concerning military capabilities of foreign countries and the U.S., a June 2020 document involving a foreign country's nuclear capabilities, an undated record about U.S. nuclear weaponry and a document from October 2018 concerning the communications with another country's leader.
Twenty-one of these documents had a "TOP SECRET" classification marking, while nine were marked "SECRET." The final document bore no marking, according to a chart included in the indictment.
Trump to hold fundraiser Tuesday night in New Jersey
After the arraignment, Trump will head back to his golf club in Bedminster, New Jersey, where he will give remarks and have a fundraiser.
The Trump campaign has been churning out fundraising emails based off his indictment. At the Georgia GOP convention on Saturday, Trump said the indictment had driven his poll numbers up and had "driven us right through the sky" on fundraising.