The former president isn’t letting another indictment deter him.
Donald Trump’s legal woes are heating up once again. For the second time in two months, the former president will surrender and face charges. This time it’s for his mishandling of classified documents found at his Mar-a-Lago home in Florida. But he has made it clear that he’s not planning to leave the 2024 presidential race anytime soon — even if he’s convicted of a felony.
“I’ll never leave,” Trump, who maintains his innocence, told Politico. “Look, if I would have left, I would have left before the original race in 2016. That was a rough one. In theory, that was not doable.” (For the record, Trump can continue his campaign as U.S. law doesn’t bar him from running while under indictment, nor does it block him if he’s ultimately convicted of wrongdoing.)
Trump’s comments come just days after the Department of Justice unsealed a federal indictment with 37 felony counts, including conspiracy and obstruction, related to highly sensitive classified material that he took after leaving the White House in January 2021. But these charges shouldn’t be confused with the ones brought earlier this year in New York over his role in a hush-money payment for adult film star Stormy Daniels. And more could be on the way: The DOJ and prosecutors in Atlanta could bring additional ones related to his efforts to overturn the 2020 election.
As we await for Tuesday to unfold, here’s what we know about his upcoming court appearance, the latest indictment, and how his supporters are responding.
Why was Donald Trump indicted?
In a damning 37-page indictment, special counsel Jack Smith accused Trump of secretly storing classified documents all over his Mar-a-Lago home, including his bathroom. According to attorney records, the Republican also allegedly suggested that his lawyers not cooperate with the federal investigation, saying, “Isn’t it better if there are no documents?”
So what does the indictment entail exactly? It includes 31 counts of willful retention of national defense information, three counts of withholding or concealing documents in a federal investigation, two counts of false statements about the classified documents being turned over to law enforcement, and one count related to an alleged conspiracy to keep the sensitive White House papers. Some of these very materials included “information regarding defense and weapons capabilities of both the U.S. and other countries.”
“We have one set of laws in this country and they apply to everyone,” Smith said in rare public remarks following the release of the indictment.
But Trump isn’t the only one in hot water: His trusted aide, Walt Nauta, is facing six charges for making false statements and helping the former president hide records.
What will happen during Trump’s arraignment on Tuesday?
Led by the Secret Service, Trump is expected to head to the courtroom at approximately 3 p.m. Eastern time, where he will appear before U.S. District Judge Aileen Cannon. This happens to be the same judge who was appointed by the ex-president in 2020. While it’s unclear whether she’ll stay on as the legal proceedings progress, she could be responsible for determining Trump’s sentence if he’s ultimately convicted, and that could very well include up to 20 years in prison. “For the crimes listed in this federal indictment, even first-time offenders usually get jail time,” federal prosecutor Paul Butler told NPR.
But there will be some shake-ups. Trump’s lawyers Jim Trusty and John Rowley resigned and attorney Todd Blanche will now lead his defense. Blache isn’t exactly new to Trump’s legal challenges, though — he also took part in the New York state criminal case. Following his arraignment, the Trump campaign said the former president will give a speech at his Bedminster golf club in New Jersey at 8:15 p.m. ET.
Will there be political violence?
Trump supporters, including conservative activist Charlie Kirk, have called for protests at the Miami courthouse in Miami after some Republicans all but declared an all-out war over Trump’s charges.
Some conservatives and former aides have pushed back, though. Trump’s former attorney general Bill Barr called the latest indictment “very, very damning,” while Sen. Mitt Romey said the former president “brought these charges upon himself.”
These comments have undoubtedly created a tense political environment. While experts worry that the indictment could stir up unrest, there’s no evidence so far of “plans for violence or large-scale disruptive activity,” according to the nonpartisan group Advance Democracy, which monitors social media for extremist content. There were similar fears leading up to Trump’s indictment in New York, though only a handful of people ended up gathering outside the Manhattan courtroom.
Still, law enforcement isn’t taking any risks. Miami police are on standby to provide security, and the FBI has urged agents to be on alert in Miami and beyond. After all, there has been a spike in threats following the raid of Trump’s residence, including an armed man who tried to enter the bureau’s Cincinnati field office.
“We’re committed to protecting everyone’s First Amendment right and will continue to serve our residents, business owners, and visitors while maintaining the safety of our community,” Miami police chief Manuel Morales said in a statement.
What does Trump’s new indictment mean for the 2024 race?
Trump’s prior indictment in New York didn’t really move the needle all that much in terms of his reelection ambitions, and he holds a comfortable lead over the rest of the GOP primary field. That said, the new charges against him are more serious, and it’s unclear how the public will respond to some of the findings that come to light during the upcoming trial.
What we do know for now is that nearly half, or 48 percent, of Americans said the former president should have been charged, compared to 35% think he should not have been, according to in an ABC News/Ipsos poll released Sunday. Unsurprisingly, most Republican voters remain loyal to Trump, with 67 percent disagreeing with the latest charges. But what also stuck out is 47 percent of the public believe the charges against Trump are politically motivated, something the former president and his allies have claimed all along. Even some of his fellow 2024 rivals, including Florida Gov. Ron DeSantis, has come to his defense, while the indictment has drawn more of a mixed reaction from others.
“The American people deserve to know the reasons for this unprecedented action, and we also need to hear the former president’s defense. Then each of us can make our own judgment on whether this is the latest example of a Justice Department working an injustice, or otherwise,” former vice president Mike Pence said at a campaign stop in North Carolina.
