MIAMI — Former President Donald Trump pleaded not guilty Tuesday in Miami federal court to a 37-count indictment accusing him of deliberately keeping at his Palm Beach estate government documents that contained highly sensitive defense, weapons and nuclear information and of obstructing efforts by U.S. authorities to reclaim them.
In a packed courtroom, Trump entered his plea in a historic case marking the first federal prosecution of a former president and a potential hurdle in his renewed quest for the presidency in the 2024 election.
“We most certainly enter a plea of not guilty,” said Trump’s attorney Todd Blanche.
Trump, 76, appeared before a magistrate judge on the 13th floor of the Wilkie D. Ferguson Jr. Courthouse in downtown Miami. Trump was released on his own recognizance with no monetary bond. There were conditions that he not have any communications about the case with any witnesses.
The indictment, returned by a Miami federal grand jury last Thursday, accuses Trump of willfully retaining national defense secrets in violation of the Espionage Act, making false statements and conspiracy to obstruct justice.
A former presidential aide, Walt Nauta, who continued to work for Trump after he left the White House, was also charged in the indictment. Nauta is accused of conspiring with Trump to obstruct justice, including hiding classified documents at the former president’s Mar-a-Lago estate and club as well as lying to FBI agents about concealing them.
Shortly after 2 p.m. a spokesman for the U.S. Marshals Service confirmed that both Trump and Nauta had been booked.
Nauta didn’t enter a plea and was not arraigned because he did not have local counsel.
Federal agents walk by the entrance to the Wilkie D. Ferguson Jr. U.S. Courthouse, Tuesday, June 13, 2023, in Miami. Former President Donald Trump is making a federal court appearance on dozens of felony charges accusing him of illegally hoarding classified documents.
Federal agents walk by the entrance to the Wilkie D. Ferguson Jr. U.S. Courthouse, Tuesday, June 13, 2023, in Miami. Former President Donald Trump is making a federal court appearance on dozens of felony charges accusing him of illegally hoarding classified documents. Jose A. Iglesias jiglesias@miamiherald.com
In the indictment, Trump is charged with deliberately keeping documents with classified markings at his Palm Beach estate. It also cites two occasions during the summer of 2021 when the former president allegedly shared classified information about a Defense Department plan to attack a foreign country with a writer, publisher and two staffers at his Bedminster Club in New Jersey. He is also accused of showing a classified map about a U.S. military operation to a representative of his political action committee.
“The classified documents Trump stored in the boxes included information regarding defense and weapons capabilities of both the U.S. and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation to a foreign attack,” according to the indictment. It noted that the former president stored them in various locations at Mar-a-Lago, including a ballroom, a bathroom and shower, an office, his bedroom and a storage room.
For Trump, who is running in the 2024 presidential election, the new indictment marks the first time that he has been charged in federal court but the second time he has been charged with a crime. In April, the Manhattan District Attorney’s Office charged the former president with a series of fraud-related offenses stemming from paying hush money totaling $130,000 to a porn actress at the height of the 2016 election to prevent her from going public about their alleged sexual encounter.
‘Twists and turns’ ahead
Ryan Goodman, former special counsel to the general counsel of the Department of Defense and a law professor at New York University, said there were no surprises in the developments today — “but the road ahead will have its twists and turns.”
“The most important variable now is whether Judge Aileen Cannon continues to be assigned to the case, or whether the damage to the public confidence in the courts will require her to step aside,” Goodman said.
Trump’s case, unsealed on Friday, was randomly assigned to U.S. District Judge Aileen M. Cannon. She was nominated by Trump and joined the federal bench just days after he lost the November 2020 election. Last year, she was widely criticized for her handling of his civil case challenging the FBI’s seizure of classified documents at Trump’s private residence. Cannon’s favorable decisions for Trump, including appointing a special master to review more than 100 classified materials found at Mar-a-Lago, were condemned by an appeals court in Atlanta that included two Trump-nominated judges.
“This prosecution will require a delicate balancing between the needs of the intelligence community to keep U.S. national security secrets safe during the discovery and trial proceedings and, on the other hand, the rights of the defendants not to be tried with secret evidence,” Goodman added. “It will require a judge of the utmost skill and integrity to maintain public confidence in the proceedings and to know where to draw the lines that the law requires.”
Justin Danilewitz, a former assistant U.S. attorney and current partner at the law firm Saul Ewing, said: “This is unique for so many reasons, one of which is that we’re in an election cycle. And the trial in New York is another relevant consideration.”
