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, 10:01 AM EDT

Pence calls DOJ politicized but adds 'no one is above the law'

Former Vice President Mike Pence, Donald Trump's former running mate turned 2024 presidential campaign rival, said on "The Hugh Hewitt Show" Friday that he was unhappy about the indictment, but added that "no one is above the law."

"I'm deeply troubled to see this indictment move forward," Pence said.

"But let me be very clear: No one is above the law," he added.

"We have to protect our nation's secrets. And my only hope is, as we learn about the facts of this indictment next week, that the American people will see in this case that it would meet a high standard necessary to justify the unprecedented federal indictment of a former president of the United States by, by the current president of the United States' Justice Department and by a potential rival," Pence said.

With his wife Karen by his side, former Vice President Mike Pence greets diners during a visit to a Pizza Ranch restaurant on June 08, 2023 in Waukee, Iowa.
Scott Olson/Getty Images

Pence also called for the indictment to be unsealed and for Attorney General Merrick Garland to address the nation.

"I think before the sun sets today, the attorney general of the United States should be standing in front of the American people, should unseal this indictment, should provide the American people with all the facts and information here. And the American people be able to judge for themselves whether this is just the latest incident of weaponization and politicization at the Justice Department or it's something different," he said.

When asked if FBI Director Christopher Wray "needs to go," Pence did not respond directly but said he would "clean house" if elected president.

"Whether it's the Justice Department or whether it's the FBI, I think -- I just think we need a whole new team. I think there's been a, you know, literally a collapse of confidence," Pence said.

-ABC News' Libby Cathey and Oren Oppenheim

Jun 09, 2023, 9:22 AM EDT

Judge Aileen Cannon, a Trump appointee, initially assigned to oversee his case: Sources

The summons sent to former President Donald Trump his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter.

Cannon's apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2019, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence -- which may include prison time -- for the man who elevated her to the role.

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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

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