(Trends Wide) — Donald Trump will appear in federal court in Miami this Tuesday afternoon for an unprecedented and historic hearing as the first former president to face federal charges in United States history.
Trump is expected to be taken into custody and arrested by the US Marshals Service and arraigned during a court hearing at 3 pm Miami time before a trial judge. He is expected to plead not guilty to the charges.
Special counsel Jack Smith indicted Trump in a 37-count indictment last week, alleging the former president mishandled classified documents brought to his Mar-a-Lago resort and engaged in a conspiracy to obstruct justice. Trump aide Walt Nauta was also charged and is expected to appear in court alongside the former president.
Trump was indicted in March by the Manhattan District Attorney’s Office on charges related to paying hush money to an adult film star, but Smith’s indictment marks the first federal charges against a former president.
The court proceedings will be largely routine, but the circumstances surrounding the prosecution are anything but, and law enforcement is making preparations for large protests outside of the courthouse in Miami. Trump is expected to speak Tuesday afternoon after he returns to his Bedminster, New Jersey, resort.
Here’s what to know about Trump’s court appearance:
What will happen when Trump gets to court?
Once inside the building, Trump will be detained and processed. Agents from the US Marshals Service are expected to electronically fingerprint Trump, but are not expected to take a mugshot of the former president.
Next, Trump and his lawyers will appear before Judge Jonathan Goodman for their arraignment and initial appearance. The trial judge will confirm with Trump that he knows his rights under the Sixth Amendment, including his right to a speedy trial.
Trump’s lawyers will likely waive a formal reading of the indictment, and the former president is expected to plead not guilty to all 37 charges.
Federal prosecutors are expected to ask the judge to limit Trump’s communications with any potential witnesses to prevent potential witness tampering. Trump is likely to be provisionally released on parole.
Parole is a free bond, which would not be a financial provision to guarantee future appearances. Instead, the defendants are taken at their word that they will return to court for further proceedings.
Future hearings will be held before Judge Aileen Cannon, who was assigned to the criminal case hereafter, and a preliminary hearing may be scheduled before Cannon during this initial appearance.
Unlike his appearance in New York, Trump may not be seen entering or leaving the Miami courthouse on Tuesday. Former Miami Police Chief Jorge Colina told Trends Wide Monday that the courthouse has an underground garage that Trump’s entourage is likely to use.
Who is on Trump’s legal team?
Trump’s legal team remains in flux after a major shake-up last week when two of his lawyers, Jim Trusty and John Rowley, resigned following news of the impeachment.
Attorneys Todd Blanche and Chris Kise are expected to represent Trump in court this Tuesday afternoon for his appearance, a source familiar with the matter tells Trends Wide. Trump also needs a lawyer who is admitted to practice in the Southern District of Florida. Some lawyers on his team fit into this category.
Although Trump spent most of Monday trying to add another lawyer to his team, nothing came of it. Last week, Trump allies hoped that a new lawyer like Benedict Kuehne would be with them. For now, Blanche, Kise and potentially Boris Epshteyn will attend.
Trends Wide reported that the Trump team has had a difficult time hiring experienced lawyers. Trump spent the day before his appearance in Miami speaking with potential candidates as he is privately lobbying for his legal team to take a more aggressive stance against the Justice Department, sources told Trends Wide.
Nauta is expected to appear with his attorney, Stanley Woodward, who is funded by Trump’s “Save America” Political Action Committee.
Who is on the special counsel team?
Trump is not the only one who has reinforced his legal team with lawyers who have experience in South Florida. Smith has at least two Miami prosecutors on his team.
One of them is Karen Gilbert, a seasoned Miami prosecutor who oversaw the Mar-a-Lago national security case involving a Chinese national trespassing on Trump property. Gilbert was also part of the team that helped set up the FBI raid at Mar-a-Lago last August as part of the investigation of classified documents.
The special counsel’s team determined in recent months that they would pursue the case in Florida rather than Washington, where they initially used a grand jury to gather evidence, people briefed on the matter told Trends Wide.
Complications over the location made it clear that prosecutors would have to bring any charges in the Miami-based district, which also includes Trump’s Mar-a-Lago resort, they said.
Who is Trump’s co-defendant?
Nauta is a Navy veteran who was valet in the Trump White House and later became Trump’s executive assistant and personal aide. He was indicted on six counts in the special prosecutor’s indictment. The charges include several related to obstruction and concealment.
This Monday, Nauta traveled with Trump from New Jersey to Florida and had dinner with the former president.
According to the indictment, Nauta, allegedly on Trump’s instructions, removed boxes from a warehouse that was to be searched by a Trump attorney in response to a subpoena and only put back some of the boxes prior to the search.
Prosecutors alleged that Nauta made false statements to investigators that he did not know how the boxes got to Mar-a-Lago and whether they were insured.
What is the security situation?
Local security agencies and law enforcement have held multiple meetings on the eve of Trump’s appearance on Tuesday, organizing security in and around the building. Law enforcement, including the FBI, the Department of Homeland Security and the Miami Police Department, continue to monitor any threats on social media.
On Monday afternoon, the only visible security measures were law enforcement security tape, some plastic barriers, and officers patrolling the area.
Miami Police Chief Manuel Morales told the media Monday that the department was working closely with local law enforcement and federal agencies to prepare for Tuesday’s day and would have sufficient resources to deal with crowds. between 5,000 and 50,000 people.
This Tuesday, the Federal Protective Service, which is part of the Department of Homeland Security, oversees the protection of the court building, while the US Marshals Service will be in charge of protecting the people who are in the building. The US Secret Service oversees the former president’s protection.
What will Trump do after his appearance?
The former president is scheduled to return to his residence in Bedminster, New Jersey, after his court appearance this Tuesday.
Although Trump is not expected to speak publicly while in Miami, his campaign announced that he will make a statement at 8:15 p.m. Miami time, from his Bedminster golf club.
Trump took the same approach after his appearance in New York in April. After that court appearance, he flew back to Mar-a-Lago and gave a speech to his supporters that night.
— Trends Wide’s Kristen Holmes, Katelyn Polantz, Evan Perez, Paula Reid, Hannah Rabinowitz and Kaitlan Collins contributed to this report.
