for the first time ever, the former president of the united states has been indicted by a grand jury. >> the former president preempted a justice department announcement. >> they break out from an espionage charge which is ludicrous under the facts of this case. >> i can't imagine a worse phrase to be used with the president of the united states. >> i am petrified for the country, sad for my client, although he is resilient and

strong. >> he's going to have a much more favorable jury pool politically. >> there is a range and a scope here that is truly unprecedented. >> what we see is a justice system where the scales are weighted. >> it's called election interference, they're trying to destroy our reputation. >> this is a perfect example of somebody who just kept digging a hole deeper and deeper. >> it's a second tier double standard of justice in this country. >> i think this indictment is only going to make the former president stronger. >> jack smith has got his ducks in a row. >> there's no reason in the world to think that a special prosecutor would risk his career for nothing. >> quite a morning. quite a last 12 hours, what has happened. good morning, everyone, we are glad you're with us for this special coverage on cnn this morning. phil mattingly is here, and stepping back from this moment that was more and more expected in recent days, but it has

happened for the first time in history that a former president has been federally charged. >> i think it's important to step back because we've all expected this to some degree. we knew it was coming, and yet, to recognize what this means, what it means going forward, what it pertains for not just the former president but a current front runner. >> donald trump is now the first former president in our nation's history to be charged with federal crimes. a grand jury indicting him on several counts in the special counsel's investigation into classified documents that trump allegedly kept after leaving office. his lawyer says he is facing a charge under the espionage act. charges of obstruction of just, falsification of records, conspiracy. >> the former president is at his golf club in bedminster, new jersey. trump announced the indictment himself on social media and declared his innocence in a video last night.

>> it's election interference at the highest level. there's never been anything like what's happened. i'm an innocent man. i'm an innocent person. they come after me because now we're leading in the polls again against biden and against the republicans by a lot. >> so we begin with team coverage this morning. alayna treene is in bedminster with reporting on what's going on behind the scenes. katelyn polantz is outside the courthouse where the former president will show up on tuesday. we start with sara murray in washington. not that we have seen the indictment, but by trump's attor attorneys. >> it's an unusual situation, a historic situation, the first time a former president has been indicted on former charges. we have not heard from the justice department. we have not heard from special counsel jack smith. we haven't seen the full indictment. donald trump himself broke the news of this on his social media

page. former president donald trump indicted again. the special counsel investigating his alleged mishandling of classified documents indicted trump on seven count, including a charge understood the espionage act, and charges related to obstruction of justice, destruction or falsification of records, conspiracy and making false statements. >> they basically break out from an espionage act charge, which is ludicrous under the facts of this case, and i can certainly explain it, and several obstruction-based type charges, and then false statement charges, which are actually, again, kind of a crazy stretch just from the facts as we know it. so there's a lot to pick at eventually from the defense side. >> reporter: trump denies any wrong doing, and says the indictment is political. >> i just want to tell you i'm an neglinnocent man. i did nothing wrong and will fight this out. >> reporter: as biden earlier thursday denied playing any role in tipping the scales at the

justice department. >> as you notice, i have never once, not one single time suggested the justice department what they should do or not do, relative to bringing any charges. i'm honest. >> reporter: this is the first time a former president is facing federal criminal charges. the classified documents fight began in may 2021 when the national archives and records administration started reaching out to trump aides for missing documents. in january 2022, trump sent 15 boxes of documents to the national archives. in those boxes, classified documents were uncovered. as a result, the justice department got involved and a subpoena was issued for any remaining classified material. in june, trump's lawyers handled over an additional 38 classified records. in august, the fbi obtained a warrant and searched trump's residence at mar-a-lago, where more than 100 classified records were found. in recent weeks, cnn has learned of mounting evidence against the

former president. trump's former chief of staff mark meadows testified before the grand jury along with at least two dozen close aides and employees from trump's mar-a-lago resort. the prosecution has also viewed security footage that showed just one day before federal agents searched the property last summer. trump's body man, walt nada and a maintenance worker were seen moving boxes of classified material. neither were charged with a crime. in october the maintenance worker was seen flooding a room where surveillance footage was held. this incident raised suspicions for prosecutors, though no equipment was damaged in the flood. at the end of may, cnn was told by sources that an audio recording existed of trump speaking to three people with no security clearance at his bedminster golf club about classified materials he had retained. a recording that could directly contradict his past statements. >> if you're the president of

the united states, you can declassify by saying it's declassified, even by thinking it. they become automatically declassified when i took them. >> how did you plead, president trump? >> reporter: in april, trump was indicted on 34 felony counts in new york for his alleged role in falsifying business records in connection with hush money payments made in 2016 to former adult film star stormy daniels. trump has pleaded not guilty. we are wait to go see whether this indictment could be unsealed today, and frankly whether the justice department is going to say anything about it. we know because donald trump shared it that he is slated to appear at a federal courthouse in miami at 3:00 p.m. on tuesday. >> i think it's important to note it is the former president's second indictment this year. there could be more coming. how does the florida indictment compare to the criminal probes that he's facing right now? >> reporter: that's right. this is the second time around. i think, you know, donald trump's team was certainly more worried about federal charges

than what we have seen on the state level. you know, what we saw with this indictment in new york was a case that appeared like it was going to fall apart a couple of times, came together, you know, he was charged with 34 felony counts and pleaded not guilty. again, this is just sort of the beginning of his criminal exposure. we know the special counsel has this ongoing investigation into january 6th. the attack on the capitol, the effort to subvert the peaceful transition of power, and of course donald trump is at the center of that, and we know there's a prosecutor in atlanta who is still deciding who if anyone to bring charges against in her investigation into e efforts to overturn the 2020 election there. she's expected to make an announcement on who could face charges in august. there's a lot of scrutiny hanging over donald trump's head, though he's already faced two indictments. >> thank you for all the reporting this morning. let's not forget, bill barr, the attorney general under trump said that this probe of all of them posed the most threat to the former president. bill barr.

>> and if you talk to republicans on capitol hill, and i know elalayna treene, i want go to her, she's in bedminster, new jersey, where the former president is huddled with a small group of aides, and you have some brand new reporting about the response from the former president. what can you tell us? >> reporter: right. well, phil, before the justice department even informed donald trump and his team that he was going to be indicted, they had pre-recorded that video that sara just showed for a response for him to release on social media. we saw him release that shortly after news of the indictment broke. now, this is a strategy, i think, that we've seen multiple times with donald trump, especially when he was president. we also saw him take to truth social to announce the indictment himself and try to control some of the news cycle and narrative around the charges. i did speak with the team. he said this was an attempt to

try to get ahead of this and message him on his own terms. i have spoken with advisers who are with him in bedminster, and with him last night following news of the indictment. they tell me they are unsure what next response will be if th he's going to give more remarks, if he plans to do live remarks like we saw after the indictment in manhattan where he took to mar-a-lago to a stage at mar-a-lago and his resort in florida and spoke publicly. they expect he'll do that. it's unclear what timing is. they're still formulating what fallout is going to be. i do know they're not feeling too anxious about it yet. a lot of people who were speaking with him last night said they're feeling jacked up. that's a direct quote from one of the people who has spoken directly with donald trump, and they feel emboldened. that's the immediate reaction. we have seen in the past, and i know from covering donald trump for several years now, his moods are likely to change. he might be feeling emboldened,

might feel like this is a political boost for the reelection campaign in the short-term. no onements wanted to be indict. we'll see if that remains to be how they're feeling today. >> alayna treene in bedminsters, thank you so much. >> let's turn to our senior legal analyst, elie honig for more on this. history was made, the southern district of new york for former, federal and state prosecutor, talk to us about what we're looking at this morning. >> so we know that there is a federal indictment, united states of america versus donald j. trump, but important to know, we have not seen the indictment. it's under seal meaning it's not available to the public. donald trump's lawyers have not seen it. the way we know about it is because they have been given a summons, a work sheet that gives some basic information and they have shared with the public and our reporters have confirmed with them.

we know there are seven counts in the indictment. there's not all that much significance to that. some federal indictments have one count, others have dozens. it's more about what's in there. we know one of the counts is willful retention of documents. the word espionage has a broader meaning. all it means is if somebody held on to defense information. important to know, it doesn't have to be classified. for this particular law, it doesn't matter if it was classified or declassified, as long as it's defense information. obstruction, could have to do with moving documents around mar-a-lago. any attempt to interfere with the investigation can be obstruction of justice. we know there's one charge for destruction or falsification of records. it could mean they destroyed some of the records, but also could mean they falsified records they submitted to the government. there was a moment trump's team submitted a certification saying, hey, doj, we searched,

here's what we got. >> that attestation, signed by lawyers, turned out there was a lot more stuff. if that was intentionally false, that would be that crime. we also know there's a charge of conspiracy. any two or more people who reach a meeting of the minds in an agreement. that tells us that somebody else was involve, at least one other person with donald trump and agreed to commit this crime with him, and finally, we know that there is at least one charge for false statements and that could get back to the same certification. we have a good sense of what's in there. there's a lot we need to find out. >> that's what i want to ask you about. at least on one side of things, conspiracy, there's got to be somebody else involved. what else do we not know at this point in time. >> important to know what we don't know. when is this thing going to be unsealed. when will we get to see it. the latest that will happen is at the arraignment, tuesday at 3:00 p.m. this is up to doj, if they decide they want to unseal it

today, they can do that. the reason you seal the case, worried the guy might flee, or present a danger. i don't know that those apply to donald trump. that is entirely up to doj. could be today, could be tuesday at 3:00. could be anytime in between. what are the specific counts again, we have a sense of what some but not all are. is this going to be a speaking indictment, meaning are we just going to see a recitation of the law like we saw in manhattan or narrative detail. knowing how the feds do things at the doj, i expect detail. >> with a conspiracy charge, it would be. . >> they're going to have to lay this out in detail, and are there other charges? could be in this indictment. could be united states versus donald trump and so and so. could be in a separate indictment. could be that the other people involved were given immunity. i want to see are other people charged in this case. >> that's an interesting point, given immunity. florida, we just learned this week, by the way, that this grand jury had been convened in

florida, and these are all stemming from florida. >> this is an important turn of events about much more than procedure. all the action was in d.c. now they have gone and charged this case in florida. here's why that matters. i think tit's the right move legally. you have to charge a case where at least some of the criminal conduct occurred. they might have a legal issue in d.c. let's talk strategy here. donald trump very unpopular politically in d.c. he got 5.4% of the vote in d.c. in 2020. 94 plus percent voted against him, but he won florida. jurors are not supposed to bring their political persuasion in the courtroom. they're human beings, you're not going to be able to separate that. i think prosecutors have done the right thing legally. >> we're all trying to figure out now, you're supposed to tell us, what happens next. >> let's go through quick. arraignment on tuesday, that's

the first appearance, he has to physically be there. he'll be advised of the charges. prosecutors have to turn over discovery, meaning you give over all of your evidence. donald trump will have several motions to dismiss. his lawyers were talking to katelyn, prosecutorial, if convicted, he will have the right to appeal. this is going to be with us for quite a while. >> oh, and by the way, right as we head into the heat of the political -- >> right, there's an election next year i hear. >> thank you very much, that was great. next, we'll dive deeper into the nature of the charges and the defense trump's team could tee up. this is cnn special live coverage. she picks only the perks she wants and saves on every one! all with an incredible new iphone. act now anand get iphone 14 pro on us when you switch. it's your verizon. lactaid is 100% real milk, just without the lactose. delicious too. just ask my old friend, kevin. nothing like enjoying a cold one

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and contains high quality protein to help manage hunger and support muscle health. try boost® today. his reaction was personal, but it wasn't. he thought about it. he said, this is just a sad day, i can't believe i've been indicted. those are kind of my summary words of what he had to say. at the same time, he immediately recognizes the historic nature of this. >> that was trump's attorney talking about his client's reaction to being indicted on federal charges. "the washington post" called it seismic, "the new york times," legally and politically momentous. the former president has been charged with seven counts. he's facing a charge under the espionage act, as well as charges of obstruction of justice, destruction or

falsification of justice conspiracy and false statement,s. it marks the first time a former president has been charged. with us elie honig, and former prosecutor, jeremy salan. i want to start with you. let's take a listen to what trump attorney jim trustee said about the charges. >> you basically break out from an espionage charge which is ludicrous under the facts of this case, and i can certainly explain it, and several obstruction based charges and false statement charges which are actually, again, kind of a crazy stretch just from the facts as we know it. there's a lot to pick at eventually from the defense side but that appears to be the charges and it appears to be something that we'll get off the ground on tuesday. >> based on that, and we have not seen the indictment, nor has he, i should point out, what's your sense of the defense strategy as it's shaping up right now? >> they have to find something,

and unfortunately, the president or former president routinely says things that sinks his own proverbial ship. here they're going to say, he didn't do anything wrong, he didn't say anything wrong, are they going to attack the search warrant, that's probably not the best charge. are the grand jury minutes going to be sufficient that a judge would look at. here they're going to look at, is this political, try to draw attention away from the merits of it and make it look like as the president said this is a witch hunt, which we know is not necessarily the case. i think they're going to try to make a little bit of a show boat initially, and once they get more information, and understand what they have, we'll take the next step. there are certain things that are so damming that the former president is going to have to deal with, which, again, are some of his own statements and actions. you mentioned before about the certification, there's a lot of real issues. if we meadows that testified against him, we'll have to deal with that as well. >> jeremy's assertion is that the defense will show boat, what

of these charges can you not show boat around? >> a couple of things whenever we're talking about a defense here. first of all, we like to say what's the defense, a defendant does not need to make a defense. we as prosecutors have the burden of proving a case beyond a reasonable doubt. the first thing first is prosecutors have to show not just that all of this stuff happened. >> see intent right. >> tie it to donald trump. that's why they have been trying to get into the interviews that our great reporter has found out about, about the president's mind set and intent. >> and statements he has made to reporters. jeremy's right, those public statements are going to be very valuable to prosecutors in proving his intent. also important here, people sometimes say a little bit dismissively, the defense is throwing things against the wall. that's what defense lawyers do. that's what they're supposed to do. you don't make frivolous arguments in court, but whatever

you do to defend your client, that's our point. >> the burden is on the prosecutors here for this case. we're going to see a lot more in this indictment which nobody has seen up to this point. based on what we do know, what do you think are the critical facts they have working in their favor at this point? >> they meaning the defense or they meaning the prosecution? >> the prosecution. >> we keep on referencing the statements. we have cochran, we have meadows, so there's a lot of things that we have direct evidence of the president. >> corcoran is part of his legal team. >> correct. the crime fraud exception that pierced that veil that allowed certain information to come out, and we don't know what that is. we don't know who has immunity. we don't know, for example, if meadows has actually been, you know, facing charges himself. >> mark meadows, his former chief of staff who was brought in to testify as well. so you're pointing more to the witnesses and what they could provide as being critical. >> they have valuable information, what i was saying

to poppy briefly, for example, we look at mark meadows, he wasn't just a fly on the wall, he was the wall protecting the president. he was having conversations potentially with the national archives, he could have direct evidence. when these people are testifying against you, if true, that is very damming and difficult to overcome. >> the conspiracy charge, can you speak to that, and if someone else has been charged, we doebtn't know about it, and conspiracy contains more than one. >> a experience can be more than one. this is not donald trump acting alone. we have heard about walt nato, the former president's valet, this unidentified maintenance worker who helped move boxes around. some of them may have not known this is illegal. if someone is told, hey, i need you to move from room a to b, he's not liable. the fact that there's a conspiracy charges tells me for sure somebody else knew this was a crime and there was coordination, and by the way, a

conspiracy can have two people. it can have 11 people, any number of people. >> you don't have to have carried out the crime. with conspiracy it also can just be conspireing and not even executing. >> it's the plan, the meeting of minds, right. >> thank you. >> there's a lot to dig into on this, and a lot we don't know. >> former president trump is expected to make his first court appearance on tuesday afternoon. next we're going to take you live to the courthouse in miami, the federal courthouse where it will all happen. yes, i need a trim. i just want to be able to cut the damage. we tried dove instead. so, still need that trim? oh my gosh! i i am actually shocked i don't need a haircut. don't trim daily damage. stop it with dove. ♪ today, my friend you did it, you did it, you did it... ♪ centrum silver is now clinically shown to support cognitive health in older adults. it's one more ep towards taking charge of your health. every day, you can say, ♪ youuu did it!♪ with centrum silver.

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welcome back to cnn special coverage. former president trump is expected to be arraigned on tuesday in miami federal court following his historic indictment for mishandling classified documents. officials say law enforcement is scrambling for security measures and the justice department is moving additional resources to south florida. it's notable that special counsel jack smith obtained the indictment in miami, not in washington, d.c. to help protect the case from potential backlash over the location of the trial. cnn's katelyn polantz is live outside the courthouse in miami,

and i guess the first question is what can we expect to actually see on tuesday? >> well, phil, we are going to be able to see what happens outside the courthouse, but as far as pictures, video of what happens inside the courthouse, that just is not something that federal court does. federal court does not allow the sort of images of defendants inside courtrooms, walking into courtrooms, anything inside the courthouse that you even saw in the new york state arraignment of donald trump, where there were images of him walking down the hall into the courtroom, and then there were photographs of him inside the courtroom before the proceeding started. no video, no photos in federal court, so that is a big difference. but this is, you know, federal property all around us. this is a pretty secure complex, and so we do expect to see a lot of security here, a lot of presence from the federal government to make sure that the

former president of the united states is protected as a cri defe criminal defendant and these grounds stay secure. this is quite a complex. this is miami federal court, this is not a federal court that hasn't seen high security df defendants before. manuel noriega was on trial in the federal court in miami. he was held here as well. panamanian dictator, so this is a sort of thing that this courthouse has already been through really high security incidents. we're going to have to see how this plays out with donald trump himself. he is a defendant like no other. >> so much going on, so many questions. part of the reason i think we both want to talk to you, you have covered this so closely, so in-depth, in the weeds in the last year, there's one element we have heard more from president trump's team that they seem to be focusing on.

trump attorney, accused the top lawyer of misconduct in the process informing this indictment. help us understand the context, and potential validity of those claims. >> reporter: right. well, we're still trying to gather more information on this because it appears that there is some communication to a judge in d.c. that is under seal, so still secret, so we can't get a full understanding of that at this time, but what jim did say on cnn last night is that they are very unhappy with a prosecutor on this special counsel's office team that they believe that he may have been trying to pressure a lawyer to, a number of witnesses in this investigation, and so that is something that we should be watching, but in this situation and also with the indictment itself, there is a lot of material in the court system that's being looked at by judges, including the indictment that we just have not seen,

right? it is all confidential at this time. and so there is this effort now to understand, you know, what is actually on paper versus what people are saying publicly about what's happening behind the scenes in a federal court. >> and as this happens, and as this indictment is brought, jack smith, special counsel, is still in the midst of his other probe in terms of 2020 election interference, in terms of efforts to overturn the results of the 2020 election. that's still going on right now. >> very much so, and that grand jury was meeting yesterday. we believe they heard from newt gingrich yesterday in that secret proceeding in washington, d.c., and that there are others, witnesses i have been hearing about in the coming days asked by investigators to speak in that investigation as well. that january 6th investigation around what happened at the white house after the 2020 election leading up to the attack on the capitol on january

6th, very much a real investigation that continues on with a very active grand jury in the washington, d.c. federal court house. >> no question about it, katelyn, thank you. the 2024 candidates, as you would expect, are sounding off on their opponent's indictment. there's a divide. some are taking aim at the justice department. others, trump. how this could impact the race to the white house coming up next. ♪ ♪

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. what we have seen over the last several years is the weaponization against the department of justice. what we see is a justice system where the scales are weighted. that seems to be the outcome of where we are today. as president of the united states, i would purge all of the

injustices and impurities in our system. >> that is senator tim scott who's running for president against donald trump and donald trump's 2024 gop primary rivals. they are react to go his second indictment. governor ron desantis and as you just heard, tim scott, calling it a weaponization of the justice department. taking it a step further, saying he would pardon trump, even though know one has seen the indictment yet. chris christie declared no one is above the law. and asa hutchinson called on trump to quote, end his campaign. joining us now to discuss the impact on the race, cnn anchor and host of the assignment podcast, cornish, and politics reporter at semifore, shelby taucott. in moments like this, it feels a little bit trite to talk about the politics except for this is the front runner in the republican nomination. he is running against many of

these individuals who are either attacking the justice department or implicitly defending him. what do you feel like is the political impact of this? >> well, the problem is we don't know, so most of these candidates probably shouldn't say anything, to be honest. we don't know the exact charges. we don't know what the evidence will be, that will be available in court. we don't know when a court date would land, the case in new york with alvin bragg, the d.a. there. i think the next court date is december. all of this injects a high level of uncertainty into the race. and i think sort of jumping in prematurely to comment on that is not to anybody's benefit, but clearly these candidates think there is something they need to say. just to signal even as they're running against him that they're on team trump. >> shelby? >> yeah, i completely agree with

audi. i think there's a reason we only saw them take it a step further and promise he would pardon trump. i think these campaigns and talking to them in the weeks leading up to this indictment understand that this is, a, very serious, and, b, we're not going to know all the information right away. at the same time, there is still this kind of a trump is the front runner. he has a huge base of support, and so they do feel obligated to say something in the way that they're getting around, supporting trump, or seeming to support trump without outright saying, you know, he's innocent, this is all politicalization is by just directly targeting the department of justice. >> so peter baker's analysis is so good in the "new york times" this morning because he reminds us of the quote that president trump said when he was running against hillary clinton in 2016 and the whole e-mail server thing. i'm going to enforce all laws concerning the protection of

classified information. no one will be above the law, and peter baker writes, even in the what goes around comes around department of american politics, it is rather remarkable that the issue that helped propel mr. trump to the white house in the first place now threatens to ruin his chances of getting back there. what do you think? >> yeah, i mean, history has a sense of humor, i don't know. and i think part of it is like do what the voter will be asking themselves over the next couple o of months is how long do you want to be in this dialogue. how long do you want to keep talking about this issue. how long do you want to follow up on the defense and/or potential vendetta of the former president. and at the same time, you know, i think it's interesting that people aren't able to attack jack smith himself, the special counsel. they're going after sort of the whole justice community, holistically, and that speaks to how he has conducted this investigation. he's not an elected prosecutor,

right. you can't point to him running for office and yelling about trump. that is going to be sort of trickier for trump advocates to talk about over the coming weeks. >> shelby, you know, i think one of the, and this has been a consistent dynamic, but in this case, you know, the difference between talking to republican operatives, republican campaigns behind the scenes about this case in particular, and jack smith in particular, and obviously what they are saying publicly is very dramatic. and yet they're not saying anything about, with the exception of asa hutchinson, and chris christie splitting with the former president at all, you're super wired in the republican campaign sphere. you're on the ground in iowa talking to voters. explain to people why republicans don't say this is my opponent who has been indicted, i'm going to light him up and try and take him down. why not? >> i think it's really simple. trump still has this massive hold over the republican base, and even voters that i talked

to, and this is not the minority of voters, this is the majority of voters. even the ones that don't want trump to be president again still at the same time don't want to vote for someone who directly attacks him. they liked his policies. they liked what he did. they feel a little bit defensive over the former president, and so it's this constant balancing act that people running against trump are having to deal with, and it's incredibly difficult, as we're seeing with this indictment case in particular. >> do you think it matters to those voters that shelby is just talking about, what this indictment actually says. all we know now is what the charges are in the category of from his attorneys. but when we get the story behind it and the details and the quotes and the actions, politically does it matter to those that love trump? >> i know we ask this question a lot, and i think we all know the answer.

if there's that 39, 40% of voters who will vote for him no matter what, you have the answer. the difference is this is not a media report. this is a case. these are legal cases that are going to be in court with evidence, going potentially before juries, have already been before grand juries. these are not sort of vague rumors that can be waived away, and please don't under estimate how much work it will be for the trump campaign to spend time on this defense, to spend time fending off all of these challenges while also trying to deal with those voters in iowa or south carolina or new hampshire. you know, a campaign is no small thing. fighting these battles on two different fronts, it's going to be taxing, and it will be interesting to see what effect that takes on the former president. >> that's a really good point. there are a lot of elements here, and per usual, gives us what's happening behind the scenes. guys, thank you so much, we

appreciate it. trump's republican allies in the house are rushing to his defense. so far, there has been significant silence from senate republican leadership. we'll take you to capitol hill next. (♪) this electric feels different... because it's powered by the most potent source of energy there is ... you.

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democracy. notably no reaction from senate leadership including chuck schumer or mitch mcconnell. lauren fox is on capitol hill with more. it is notable, right? >> yeah, i mean, it's absolutely notable, poppy, although it's not that different than what we saw in the last round in which they wanted to wait for more information about what the charges were. they wanted to see the full indictment before responding. but in the house of representatives, a swift response to this news last night, including from republican speakers, kevin mccarthy, the house speaker, he tweeted quote, today is indeed a dark day for the united states of america. it is unconscionable for the president to indict the leading candidate opposing him. joe biden kept classified documents for decades. i and every american who believes in the rule of law stand with president trump, and i want to put that statement in context of the week that the speaker has had in the house of representatives. that's because his house of representatives, the floor of the house is really held hostage

by a flank of conservatives to his right who argued that they were unhappy with the deal that mccarthy cut with democrats to pass that debt ceiling bill last week. this obviously a clear moment for mccarthy to once again reassert himself as a conservative to show those in his right flank that he is with them, with the former president on this indictment. there's also a swift response from people like jim jordan, the chairman of the house judiciary committee who in the past has argued potentially against taking funding from federal law enforcement agencies like the fbi. it will be interesting to see what he does in the future. he is another key ally of former president donald trump. expect more of the same over the next several hours as we get more information about this indictment. we also should note that next week, lawmakers will return to capitol hill, and will have much more to ask them in terms of what they are hearing, if they're talking to the former president, and see much more about what that defense looks

like of donald trump. >> fox, i'm going to put you on the spot here, and transfer our six-year running congress nerd text chain back and forth on to television. senate republican leadership has not said anything. i am neither surprised by that fact nor do i think you are. take people behind the scenes. why? >> yeah, i mean, the relationship with mitch mcconnell and donald trump is nonexistent, right, and has been since the insurrection on january 6th. that is part of the reason why we haven't seen a response from mitch mcconnell, although i do think there's something to be said about people wanting more information. we should also note that we haven't heard from john thune, the republican whip who also has been very careful in the past about weighing in. the reality is that many senate republicans would like to move on beyond donald trump. they don't want to be involved in the day-to-day nitty-gritty responding to everything that the former president does. obviously they are going to have to respond when they return to

washington next week. this is going to be the first question at a republican press conference on tuesday that lawmakers hold, but there is a reason that they are holding back, and part of that is they believe that it's just not worth defending the former president. >> says a lot. what is not said says a whole lot. lauren fox, thank you for the reporting. >> thanks, buddy. one of president trump's former attorneys, tim palatore will join us live. he said the classified documents were photo copies, we'll ask him about that and all of this now that charges have been brought. ♪ jitterbug! ♪ [ giggles loudly ] ♪ jitterbug! ♪ [ giggles loudly ] ♪ jitterbug! ♪ [ giggles loudly ] ♪ jitterbug! ♪

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he's been summoned to appear at a miami federal courthouse tuesday afternoon after being indicted on seven counts. >> why did trump take the documents, why? >> willful retention or mishandling of defense information, that's part of the espionage act. >> the weaponization of the department of justice against a former president. >> the witnesses before this grand jury are donald trump's people. >> and donald trump himself in the audio tape. >> he knows there's fundamental flaws in each one of the counts. >> i'm an innocent man. i did nothing wrong. >> sometimes he reacts a certain way initially, and his behavior changes. >> when your name is donald trump, you are going to get hit hard. >> they believe it's a witch