June 13, 2023 Trump pleads not guilty in historic federal indictment

Donald Trump can still run as president while indicted — or if he is convicted.

“Nothing stops Trump from running while indicted, or even convicted,” the University of California, Los Angeles law professor Richard Hasen has told CNN.

The Constitution requires only three things of candidates: They must be a natural born citizen, at least 35 years old and a resident of the US for at least 14 years.

There are a few other Constitutional restrictions that can block a person for running for president — but they don't apply to Trump:

Term limits: The 22nd Amendment forbids anyone who has twice been president — meaning twice been elected or served half of someone else’s term and then won his or her own — from running again. That doesn’t apply to former President Donald Trump since he lost the 2020 election.

Impeachment: If a person is impeached by the House and convicted by the Senate of high crimes and misdemeanors, he or she is removed from office and disqualified from serving again. Trump, although twice impeached by the House during his presidency, was also twice acquitted by the Senate.

Disqualification: The 14th Amendment includes a “disqualification clause,” written specifically with an eye toward former Confederate soldiers.

It reads:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

The indictment in New York City with regard to the hush-money payments to an adult-film star has nothing to do with rebellion or insurrection. Federal charges related to classified documents likely do not either.

Potential charges in Fulton County, Georgia, with regard to 2020 election meddling or at the federal level with regard to the January 6, 2021, insurrection could perhaps be construed by some as a form of insurrection. But that is an open question that would have to work its way through the courts. The 2024 election is fast approaching.

Authorities arrested one protestor at the Miami courthouse where former President Donald Trump was arraigned Tuesday, according to a law enforcement source.

The person arrested jumped in front of Trump’s motorcade with a protest sign, the source said. 

A spokesperson with the Miami Police Department confirmed that the man who ran in front of the motorcade was the only person arrested outside the federal courthouse Tuesday.

Federal judge Aileen Cannon entered the public spotlight last summer when she oversaw court proceedings related to the FBI’s search of former President Donald Trump’s Mar-a-Lago estate in Florida.

Now, the Trump-appointed federal judge is expected to oversee the former president’s new federal criminal case in Miami. Cannon would have wide latitude to control timing and evidence in the case and be able to vet the Justice Department’s legal theory.

Trump nominated Cannon to the bench in May 2020, and the Senate confirmed her by a vote of 56-21 just days after the presidential election.

Cannon had largely stayed out of the national spotlight until she began handling the case the former president brought last year to challenge the Mar-a-Lago evidence collection. Her controversial decision to appoint a third-party “special master” to oversee the review of evidence gathered in the search was ultimately overturned by a conservative panel of judges on the 11th US Circuit Court of Appeals, which was critical of Cannon’s handling of the case.

That special master process had put the Justice Department’s investigation into the documents it obtained during the search on hold so the outside attorney could review the materials for any privilege issues.

Prior to taking office, Cannon served as an assistant US attorney in Florida, where she worked in the Major Crimes Division and as an appellate attorney, according to written answers she gave to the Senate during her confirmation process.

Following graduation from the University of Michigan Law School, Cannon clerked for a federal judge and later practiced law at a firm in Washington, DC, where she handled a range of cases, including some related to “government investigations,” according to her statements given to the Senate in 2020.

Most of Tuesday’s hearing, where former President Donald Trump made his first appearance in court facing 37 federal charges, followed an expected script – but the proceedings were dragged out by a disagreement over whether Trump should be restricted from talking to certain witnesses in the case.

That prohibition was not initially recommended in the bond proposal made by special counsel Jack Smith’s team. Magistrate Judge Jonathan Goodman raised the concern himself.

Goodman, noting that this was a typical restriction in cases filed in the Southern District of Florida, where the indictment against Trump was brought, suggested that prosecutors put together a list of witnesses and victims and that Trump avoid communicating with them as the case moves forward.

The judge also said that for Trump’s co-defendant, Walt Nauta, the limitation would only be on communications about the case, with Goodman noting that Nauta works closely with Trump and is with him nearly every day.

Nauta, who did not enter a plea Tuesday since he did not have a local attorney, will be arraigned later this month. He faces six counts related to the classified documents investigation.

Todd Blanche, Trump’s attorney, resisted the idea of barring all contact with the case’s witnesses, in a back-and-forth with the judge that played out over several rounds.

“Many of the people, including the men and women to protect him, may be witnesses in this case,” Blanche said. He said the restriction “isn’t appropriate” and “doesn’t work.”

Prosecutor David Harbach suggested that the Justice Department team would draft a list that would be “narrow in scope” – not “exhaustive” of all the witnesses prosecutors may call at trial – that would address the judge’s concerns about witness contact, while accommodating Trump’s situation.

Read more.

While many Republicans have been swift to come to Donald Trump’s defense amid his federal indictment, a handful of GOP senators are warning the former president could imperil the party ahead of the 2024 election.

Here's what some senators are saying:

Sen. Mitt Romney: “I think President Trump is the only serious Republican contender for president right now who could lose. I think virtually any other serious contender on the list — [Chris] Christie, [Tim] Scott, Nikki Haley, and so forth — I think they would win easily against Joe Biden. I think Trump might lose, and that would obviously affect the rest of the ticket."  

Sen. Mike Rounds: “This is not something the former president should take lightly,” Rounds said. “It’s not going to help.” Rounds argued that "no question,” it could hurt Republicans down ballot.  He has endorsed Sen. Tim Scott for president. 

Still, some of Trump’s staunchest allies continue to argue the legal perils of former president will only catapult him.  

Sen. Josh Hawley said he believes the Trump indictment will only fuel GOP voters. “I think this will have a major galvanizing effect on Republican primary voters. ... I think he will be the nominee. I think voters see this for what it is. It’s politically motivated, clearly,” Hawley said.

Former President Donald Trump pleaded not guilty to 37 charges Tuesday in a brief but historic court appearance following his arrest and processing on federal charges.

Trump made clear, once again, Tuesday that he has no plans to stop attacking the special counsel’s indictment – and the other legal peril he faces – as he runs for president again in 2024.

Here are takeaways from the arraignment:

A historic moment. Regardless of what happens next with the case against Trump, the federal charges are a historic moment – one that is sure to have a significant impact on the outcome of the 2024 GOP primary.

Contact with witnesses in the case. While most of Tuesday’s hearing followed an expected script, the proceedings were dragged out by a disagreement over whether Trump should be restricted from talking to certain witnesses in the case. That prohibition was not initially recommended in the bond proposal that prosecutors had put forward. But Magistrate Judge Jonathan Goodman raised the concern himself about Trump’s contact with witnesses.

Protests. Tuesday’s court appearance came and went without any major security incidents, as supporters and protesters lined the streets surrounding the courthouse.

After the arraignment. Trump’s first stop after leaving the courthouse was Versailles, a well-known Cuban restaurant in Miami. The stop immediately put Trump back in his element, surrounded by supporters looking to shake hands and take photos. It underscored the fact that Trump’s legal turmoil is playing out amid a 2024 Republican primary where Trump’s legal troubles have been a central storyline, both for his campaign and his presidential rivals.

Nauta has to come back. Walt Nauta, Trump's co-defendant, did not enter a plea because he did not have a local attorney. Nauta, who faces six charges, made his initial appearance Tuesday alongside the former president. Nauta is being represented by Washington, DC-based attorney Stanley Woodward. An arraignment for Nauta has been set for June 27.

What's next? Tuesday’s hearing was handled by Magistrate Judge Goodman, but now the case will move into the courtroom of District Judge Aileen Cannon, a Trump-appointed judge whose prior rulings have raised questions about how she will handle the case.

President Joe Biden said he would not comment on his predecessor's arrest on Tuesday.

Asked by CNN whether he would comment on Donald Trump's arrest, Biden shouted back “no” as he walked out of an event in the East Room alongside his Secretary of State.

Biden heard but declined to answer another question by CNN about whether he was surprised to see Republicans standing by former President Trump despite his indictment and arrest.

Biden also appeared to briefly allude to Trump's handling of documents during remarks to the Chiefs of Mission reception at the White House, before quickly cleaning up his comments to laughter in the room.

Repeating a story he’s told before about Chinese President Xi Jinping, Biden noted he and the Chinese leader “had a lot of in-person, just one-on-one conversations,” during his travel to the region as vice president.

“And we each had an inter-simultaneous interpreter,” Biden told an audience of ambassador-rank officials. “I turned all my notes in.” 

As the audience laughed, Biden added, “But that’s not a reference to the former President—but look, no, it really isn’t.”

Some background: In the days leading up to Donald Trump's court appearance, White House officials elected not to weigh in on the second indictment of the former president.

White House press secretary Karine Jean-Pierre and White House National Security Council spokesperson John Kirby both took questions from reporters on Monday. They did not comment on the indictment and Kirby emphasized that Biden is focused on running the country. 

Former President Donald Trump has left Miami, Florida, after being arraigned on 37 counts related to his handling of classified documents at his Mar-a-Lago resort.

Trump pleaded not guilty to all counts. 

The former president will travel to Trump National Golf Club Bedminster in New Jersey.

Trump is scheduled to attend a fundraiser there Tuesday night.

About 50 members of the public and media attended the historic arraignment of former President Donald Trump in Miami federal court on Tuesday. 

During the hearing, three security guards sat behind special counsel Jack Smith, who brought the indictment against Trump in the classified documents case and whose office continues to investigate 2020 election interference. In all, there were roughly two dozen security personnel in the courtroom. 

More than 10 people from the Justice Department were present at the hearing, including seasoned Miami prosecutor Karen Gilbert, who served as part of the team helping to prepare for the Mar-a-Lago search by FBI agents last August that recovered more than 100 classified documents.