Burley Garcia|What's an arraignment? Here's what to expect at Trump's initial court appearance in classified documents case

What we know about former President Trump's court appearance

Washington — Former President Donald Trump is scheduled to appear at a federal courthouse in Miami Tuesday to face charges that he illegally retained sensitive national security documents after leaving the White House and obstructed efforts to retrieve them. 

Trump, who has been staying at his resort in Bedminster, New Jersey, traveled to Miami Monday on his private plane ahead of his arraignment. 

What is an arraignment? 

The initial court hearing, known as an arraignment, is when a judge will explain the charges against Trump and advise him of his right to an attorney. Trump told Fox News Digital he would plead not guilty to the charges. 

Trump is charged with 37 felony counts related to his alleged mishandling of classified documents after he left office in January 2021. In the indictment unsealed last Friday, the Justice Department alleged Trump had kept the classified documents in boxes stored at his Mar-a-Lago resort, including in a bathroom and shower, a ballroom and his bedroom. The documents allegedly contained information on U.S. nuclear programs, potential vulnerabilities of the U.S. and its allies to a military attack and plans for potential retaliation in response to an attack, among other things, the indictment says.

Trump, who denies any wrongdoing, is also alleged to have shown the classified documents to others who lacked a security clearance. And the indictment alleges he tried to obstruct the National Archives and Records Administration and the Justice Department's efforts to retrieve the documents. 

A federal grand jury issued a subpoena on May 11, 2022, for all documents with classification markings, and the indictment alleges Trump, in discussing his response to the subpoena, told his lawyers, "I don't want anybody looking through my boxes, I really don't," and then asked, "Wouldn't it be better if we just told them we don't have anything here?" Prosecutors say Trump at one point suggested his attorney hide or destroy documents covered by the subpoena. 

What happens while Trump is at the courthouse? 

The former president is expected to surrender to U.S. marshals at the federal courthouse in downtown Miami, where he'll be booked and processed. As part of the process, defendants are usually fingerprinted and have a booking photo taken, then are taken to a courtroom to appear in front of the judge. 

In Trump's case, he could be processed before or after the arraignment, depending on when he arrives at the courthouse. Two sources told CBS that a DNA swab is expected to be collected, which would be put in a federal database, and he will be fingerprinted. An official familiar with the situation said Trump will not have his mugshot taken and instead his official portrait will be used. 

Trump is not expected to be handcuffed, since he is not under arrest. 

The public will most likely not see Trump while he is inside the courthouse, since cameras are prohibited in the building, and Cecilia Altonaga, chief judge for the Southern District of Florida, ordered late Monday night that members of the media will not be allowed to bring phones and other electronic equipment into the courthouse. 

A group of media organizations, including CBS News, had asked a judge to allow some still photos to be taken before the proceeding begins, but Judge Jonathan Goodman denied that request Monday night, writing in part that "Allowing photographs would undermine the massive security arrangements put in place." The courthouse complex is also connected by underground tunnels, making it easier for Trump to evade the public. 

Secret Service agents will accompany Trump during the entire process. 

What happened in Trump's last arraignment?

Trump was also arraigned in April in a separate case in New York, where he was charged with 34 felony counts in an alleged scheme to use hush money payments to suppress negative information about him ahead of the 2016 presidential election. Trump pleaded not guilty. 

Trump was fingerprinted but did not have his mug shot taken nor was he handcuffed when he surrendered to authorities at a Manhattan courthouse. Photographers were briefly allowed in the courtroom ahead of the proceedings. Video cameras were prohibited, but allowed in the hallways of the courthouse. 

Jim DeFede, Scott MacFarlane, Pat Milton, Andy Triay and Nicole Sganga contributed reporting. 

In:
• Donald Trump
• Miami

Caitlin Yilek

Caitlin Yilek is a politics reporter for CBS News Digital. Reach her at [email protected]. Follow her on Twitter: https://twitter.com/hausofcait

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