Trump says he'll plead not guilty after federal indictment

Trump is set to appear in federal court in Miami on Tuesday.

Last Updated: June 13, 2023, 10:43 AM EDT

To read live updates from Tuesday's court appearance, click here.

Former President Donald Trump has been indicted on federal charges in an investigation into his handling of classified documents, according to an indictment unsealed on Friday.

The indictment comes after more than 100 documents with classified markings were found at Trump's Mar-a-Lago resort in August 2022.

Trump was charged with 37 counts: 31 counts of willful retention of national defense information; one count of conspiracy to obstruct justice; one count of withholding a document or record; one count of corruptly concealing a document or record; one count of concealing a document in a federal investigation; one count of scheme to conceal; and one count of false statements and representations.

The indictment of Trump, who has repeatedly denied any allegations of impropriety, is unprecedented for a former president.

Latest headlines:

Here's how the news is developing. All times Eastern.
Jun 09, 2023, 8:59 AM EDT

Trump on audio talks about not declassifying

Former President Donald Trump said on an audio recording in 2021 that he had taken classified information with him to his Florida home after leaving the White House, ABC News has confirmed.

Trump is heard on that audio recording described to ABC News as saying, "As president I could have declassified, but now I can't."

Former President Donald Trump's Mar-a-Lago estate, Aug. 10, 2022, in Palm Beach, Fla.
Steve Helber/AP, FILE

The recording, first reported Friday morning by CNN, was made as part of an interview Trump gave for a book and was obtained by the special counsel’s team.

According to a portion of the transcript of the call obtained by ABC News, Trump is heard acknowledging that the document he claims to have is "highly confidential" and "secret."

"Except it is like, highly confidential. Secret. This is secret information. Look, look at this. This was done by the military and given to me," according to a transcript of the audio obtained by ABC News.

The transcript appears to suggest that Trump is showing the document in question to those in the room.

"Well, with Milley -- uh, let me see that, I'll show you an example. He said that I wanted to attack Iran. Isn't that amazing? I have a big pile of papers, this thing just came up. Look. This was him. They presented me this -- this is off the record, but -- they presented me this. This was him. This was the Defense Department and him," the transcript said. "We looked at some. This was him. This wasn't done by me, this was him. All sorts of stuff -- pages long, look. Wait a minute, let’s see here. I just found, isn’t that amazing? This totally wins my case, you know. Except it is like, highly confidential. Secret. This is secret information. Look, look at this. This was done by the military and given to me."

-ABC News' John Santucci and Katherine Faulders

Jun 09, 2023, 8:19 AM EDT

Trump's attorney: 'He's not crumbling in fear'

Former President Donald Trump's attorney, Jim Trusty, told ABC News' Chief Anchor George Stephanopoulos on Friday that Trump is "resilient" and "not crumbling in fear."

"He's a pretty resilient, he's a pretty tough-to-hide person, so he's not crumbling in fear," Trusty said on "Good Morning America."

Trusty said the team had received a summons to appear in Miami on Tuesday, which he said included a summary of the charges they expect to see in the indictment.

James Trusty, a lawyer for former President Donald Trump, discusses how his team plans to fight the federal charges tied to the investigation into his handling of classified documents.
4:12

Trump attorney talks indictment in classified docs case

James Trusty, a lawyer for former President Donald Trump, discusses how his team plans to fight the federal charges tied to the investigation into his handling of classified documents.
ABCNews.com

Trusty attempted to downplay the charges and the entire investigation, calling it a "regular dispute about documents in a former president's home," while attacking the Department of Justice.

"It puts a stamp of reality on something that really is unreal in terms of the weaponization of the Department," Trusty said.

Donald Trump attorney James Trusty appears on ABC's "Good Morning America," June 9, 2023, after the former president was indicted for a second time.
ABC News

Trusty also tried to falsely equate the crimes Trump allegedly committed with President Joe Biden's own handling of classified documents. Trusty also argued the crimes had no criminal basis under the Presidential Records Act, though Trump is reportedly facing charges under the Espionage Act, as well as obstruction of justice, false statement and other charges.

-ABC News' Olivia Rubin

Jun 08, 2023, 9:59 PM EDT

Trump's political rivals start to weigh in

Some of Trump's 2024 rivals have started to weigh in following news of a federal indictment against the former president.

Florida Gov. Ron DeSantis denounced on social media the "weaponization of federal law enforcement" and said that a "DeSantis administration will bring accountability to the DOJ, excise political bias and end weaponization once and for all."

Former Arkansas Gov. Asa Hutchinson said in a statement to ABC News that the criminal proceedings are a "major distraction" and "reaffirms the need for Donald Trump to respect the office and end his campaign."

"With the news that Donald Trump has been indicted for the second time, our country finds itself in a position that weakens our democracy," Hutchinson said. "Donald Trump's actions -- from his willful disregard for the Constitution to his disrespect for the rule of law -- should not define our nation or the Republican Party. This is a sad day for our country."

Former New Jersey Gov. Chris Christie told PBS that if Trump "committed a crime and there is evidence beyond a reasonable doubt to prove that crime, then he must be charged," and that not doing so would set the rule of law in the U.S. back.

Christie later tweeted, "We don't get our news from Trump's Truth Social account. Let's see what the facts are when any possible indictment is released. As I have said before, no one is above the law, no matter how much they wish they were. We will have more to say when the facts are revealed."

Jun 08, 2023, 9:51 PM EDT

Trump facing at least 7 charges: Sources

Sources tell ABC News that former President Trump faces at least seven charges in the federal indictment:

-Willful retention of national defense information (maximum penalty if convicted: 10 years)
-Conspiracy to obstruct justice (maximum penalty: 20 years)
-Withholding a document or record (maximum penalty: 20 years)
-Corruptly concealing a document or record (maximum penalty: 20 years)
-Concealing a document in a federal investigation (maximum penalty: 20 years)
-Scheme to conceal (maximum penalty: Five years)
-False statements and representations (maximum penalty: Five years)


This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump's Mar-a-Lago estate.
Department of Justice via AP, FILE

-ABC News' Katherine Faulders, John Santucci and Alexander Mallin

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