- [announcer] do you have an invention idea but don't know what to do next? call invent help today. they can help you get started with your idea. call now 800-710-0020. the news this morning and at this hour, former president trump admits on tape that he did not declassify secret information that he had in his possession after leaving white house. this is a cnn exclusive. in an audio recording in the hands of federal prosecutors now

that have just indicted the former president on federal charges. >> we are watching the courthouse in miami to see if the indictment is going to be unsealed. we could learn the exact charges and some of the charges that the prosecutors say will back it up. and we have just learned that the judge is going to be eileen cannon appointed by donald trump. the remember, she made favorable rulings for trump early in the investigation that were overturned by an appeals court. >> today, the president responding saying that he shgoing to respond not guilty. he said on social media, he is an innocent man, and of course, all and thenning she is outside of that court in miami, and

kaitlan, what have you learned this hour? >> the newest thing that we have learned is that the judge to handle this case and shepphshep this to trial is to come in, eileen cannon, is to come in and cull through what was brought to the court, and then after a couple of appeals proceedings, she got the law wrong. the appeals said that the ruling was wrong, and we cannot block investigations after the execution of a investigation, and nor can we write to do so, and it was a execution at that

time, and now she is thement and what the parameters of the trial can b and that is because we have confirmed that her name is on the summons that donald trump and his lawyers received yesterday indicating that she is the judge assigned to the case. the other persons a seened here is magistrate judge bruce reinhart, and a magistrate judge handles the initial issue, and snir enter that plea of not guilty. bruce reinhart approved the case, and approved the search warrant, and also some proceedings of the unsealing when we got it public, and so it is unlikely that they will handle parts of it because they

saw a couple of the parts of it before. >> thank you for the development this morning. >> another part of the reporting is exclusive reporting that donald trump seemed to be saying secret national security documents he had not declassified. paula reid broke this story, and major reverberations around the political world, paula. bring us up to speed, john. >> well, this is incredibly significant, because we can see the former president's own word, and i will reiterate, that he knew that he was being recorded by two aides, and by chief of staff mark meadows who were in the room, and that is going to confirm how damning the

recording was, and the weks with he appeared to be all right. it starts out that he is frustrated with general milley in a magazine article saying things about former president trump iran. with milley, i will show you an example, he said they wanted to attack iran. isn't that amazing. i have a big pile of paper, and we are told from the sources that you can hear him rustling through the papers. this just came up. look. this is him. this is off of the record, but they represented this with me. this is him. we looked at some, and that is the him. this is not done by me, but him. and he is clearly fixated -- i will stop for a moment, that he was clearly fixated that whatever he was appearing to

show them was from mark milley, and from the reporting, we believe that what he had there was not authored by general milley. and all sorts of stuff. wait, look here, isn't this found? and this is totally going to i will note that secret and confidential is two different classification, and this document that he says that he has is, and he goes on the ask someone, can we declassify and he answers his own question, and he says as president, ki declassify, but now i can't. so we have the president of the united states months after he left office knowing that he is being recorded revealing that he believes that he has secret or highly confidential information wanting to or actually possibly showing it to people without security clearances, and acknowledging the limits of his

own ability to declassify this which is one of the defenses that he and the attorneys have put forth, and incredible piece of evidence that we rarely get from president trump, because he is so careful, and whether this is going to be coming up, but we will likely see it because it is very important. >> and thank you, paula reid. >> we are told there could be seven counts in this indictment, and trump's attorney said a possible charge under the espionage act, and justice obstruction, falsified records and conspiracy and making false statements. we go to evan perez for more on this, and what are you learning and ficking up on the timing of when this indictment could be unsealed. we have republicans like mike pence calling on t he special

prosecutor unveil the document. evan, what are you hearing? >> well, we are hearing that he wants justice department to unveil the indictment. we have not gotten that information, because it is a information the needing to be sensitive and if it is, they will have to go through the process to reveal, that and they need the judge's okay to say that. again, what you just mentioned, the charges that we know of, seven counts, and we know that one of them relates to the espionage act, and that is 793,

retention, willful retention of national defense information, and that is the one that was mentioned in the search warrant in august, and the search warrant of mar-a-lago, and the destruction or falsification of records, and conspiracy and false statements. james trusty, one of the attorney's appeared on the airsh, and he began to explain how they are going to defend themselves. here. listen. >> they are going to braem out of the espionage charges, and ob facts that we know it, and that is what appears on the defense side that will be getting off of the ground tuesday. >> is there a conspiracy charge

in here? >> i believe so. i don't have it in front of me right now, and again, this is not biblically accurate, because i am looking at a summary sheet, and so there is language in there that is reflecting a single count instead of two, but i believe there is a conspiracy count, too. >> and the important point is that the trump team is saying that it is ludicrous, and the former president did not speak to prosecutor, and so it is going to be important to see how they arrived at the false statement charge. >> thank you, evan. >> new insights from inside of the trump camp, and from trump himself in an off camera interview, he is saying that he will plead not guilty to the charges. christine hohmanns is there at

the trump head quarter, and it has been hours since the audio, and the recording that prosecutors have, with seemingly damg damging >> we haven't yet, and we are likely not to, when we have traditionally heard these parts of calling. we are not certain of the response there which they pretaped there in response last night, and i wanted to have you listen to how he is describing this. >> it is called election interference. they are trying to destroy a reputation so they can win an election. that is just as bad as doing any

of the other things that have been done over the last number of years. i'm an innocent man. i did nothing wrong. >> now, without an unsealed indictment, and with no word from the justice department, trump is really the only one filling the void. it is not just him, because before the indictment happened, trump allies were calling the allies on capitol hill, to get involved up saying that we need them top and this and this is about democrats not wanting him to win. >> evan perez, and katelyn polantz and everyone, thank you for your perspectives. and now, coming up next, we

will discuss the indictment and plus the cnn exclusive reporting of this transcript of donald trump knowingly being recorded and what that means in the hands of the prosecutors now. some of the 2024 republican prooifls of the former president are weighing in, including the former and we are listening in from a campaign event of mike pence and how he is reacting to the news of donald trump's indictment coming up. so caramel swiwirl is always there for the taking. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting key indicators of brain health. to help keep me sharp. neuriva: think bigger.

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so, we have just learned that the judge who going to be appointed to oversee the trump indictments is a judge who had rulings that were overruled by an appeals court. and this is where he seems to show national security documents and admitted that they were not declassified. so, to michael moore, and eileen cannon, the federal judge who oversaw the first part of the investigation and made favorable rulings for trump tand

trump-appointed judge. what impact could this have? >> well, the lawyers always like to have a good judge, and that is who is favorable to your case, and cases are often about the judge, and the rulings in the past and the expectations going forward, and i am sure that the trump's team is feeling buoyed by this, but as a general rule follow the law. so i don't know if i would place all of my eggs in the basket, but it is welcomed news, and she is going to be making decisions about what information and evidence is going to be coming in, and whether or not there have been irregularities, and issues to move quickly for interim appeals, and confronting her first, and she is going to be ruling on other motions. the other judge, rhinehart, and he is a master judge, and that is not unusual to have a master

judge to be working with the district judge. >> and the timing is not insignificant dealing with the election coming up, because she could single-handedly decide whether it is before or after the election. and now, on appeals, and speaking to people apparently without authorization, and a document in his hand apparently saying that secret, and this is secret, and look, look at this. what are the potential laws that could have been broken right then and there. >> well, you are looking at someone now who acknowledges that he knows that these are classified documents who should not be shown the people who don't have the proper classification, and they are shown to people now on tape without the proper classification, and you have him retaining and having removed them from a location where they should be, and so this is impacting some of the most serious charges that are potentially going to be levelled

against him, and to support the allegations contained in the affidavit for the search warrant concerning what they believed they would find when they looked through the rooms of mar-a-lago. >> willful retention of national security documents and would this prove that potentially? >> absolutely. that is what it sounds like, and it is certainly going to be putting a dagger into the defense that he did not intentionally or willfully take these documents or show them to somebody else, and he is proving to be perhaps his own worst enemy. >> michael, you are shaking your head. >> this is not going to be about the facts, but this case is going to be about the law. they will be talking about executive privilege, presidential power, imymunity ad things like that. ultimately, the appellant court is going to be making this.

and on the tape what we are hearing is the same bombastic nonsense that we hear from trump and many of the statements that he make, and all that he has done, all of the power that he has made, and he is bragging about something, and this is the m.o., but what we don't know is where is the documents, and aside from that, we will talk about those things that make its way to the supreme court about what a former president can and cannot have. and if it is turning out that the court decides that he was entitled to have this information or if he is still able to have x-y-z and he could declassify as former president, but as president, he could, but some of these things will go away, and this is where the case is going to draw out. it is going to take additional time, because we won't have a simple answer about whether or not for instance the light is red or green. this is going to be a legal battle over the powers of the executive, and something that is really unchartered waters for us

all as we go forward. >> michael, how unchartered into the world of conspiracy? >> well, the conspiracy is saying a co-op ray co-operator there is not aopcooperator, and we don't know if they have gone hunting with both barrels, because we don't know, but if the obstruction is going to deal with whether or not he held stuff that he was not entitled to hold, and he did not give it up, and he was entitled to have some of the information or could have lawfully claimed to have it, then that is changing dynamics for obstruction charge.

so you are allowed to have a citizen to defy an unlawful order, and so we are entitled to get in there, and we know that there are documents there, and we know that there were boxes there, and we know that he did not give it up upon request, but this is legal issues of what powers did he have and what power when he left the white house, and what powers do a president and former president have when it comes to classified or unclassified documents. >> and so, as we get a sense of some of the evidence, and thank you, michael moore and david, you as well. and now, what does it take to get the president to a miami courthouse to get him safely processed. that is ahead.

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this just into cnn. former president trump on true social announcing a shake-up in the legal team. evan perez is back with us. we have been hearing from mostly from mr. trusty, his attorney on this who has been doing the rounds. what are you hearing? who is in? who is out? >> well, there's a shake-up, and

we know that the former president is talking to some notable florida attorneys, and people who are barred in florida, and people who have experience operating in that federal district in miami in southern florida. and so, we expect that this is not the end of this, but he is announce on his social media platform that todd blanch who is already working on his behalf in the manhattan d.a. case, that he is going to be leading the efforts on his defense of this indictment in miami, and this is the indictment of the classified documents of mar-a-lago. he thanked his attorneys jim trusty who you have seen on our air a number of times and john r rauhly, and he has just made this announcement on the social media platform as he is getting

ready for tuesday which is behind the scenes, law e enforcement is working on and secret service. so on tuesday, the plan is that the president is going to be brought down to miami ak and the secret service is trying to figure out the best routes and come up with a number of routes to bring him safely to the federal courthouse and bring him there for process big the federal marshals, and when he is given to custody to the u.s. marshals, and they will formally arrest him, and begin the processing of the former president of the processing, and he is going to be electronically processed and so he is not going to be merging with ink on the hands saying this is what they did to me, and the pictures of the marshals, and that is part of the process there, and none of that is releasable under the

justice department rules, and they don't allow for the release of booking photographs. sara. >> we know that law enforcement is right now trying to figure out all of the plans to get donald trump processed and arrested. evan perez, thank you for the reporting and all of the new information. kate? >> while everyone is waiting to learn more about the indictment and the federal charges now facing donald trump, we also have a new cnn reporting that donald trump is on tape acknowledging that he kept the secret classified documents after he left the white house, and the tape is now in the hands of the prosecutors of the 2021 meeting, and in part, donald trump saying in the meeting as president, i could have declassified, and the information that he is holding in his hand, and now i can't, he said according to the transcript. and now, joining us is republican congresswoman from

south carolina, nancy mace. thank you for coming in, congresswoman. >> thank you for having me on. >> thank you, congresswoman. and your reaction to the cnn exclusive reporting of what donald trump is heard saying according to the transcript of the audio recording on the prosecutors admitting that he held on to secret information and he did not declassify it. >> this is the first that i heard about it, and my question is that the vice president of the united states joe biden had declassified information and he was not able to declassify it, and they were in his garage unlocked, and he could not declassify it, and mike pence had that information, and he could not declassify it, and whatever the standard is, wlnd it is president, current or former, they need to be held to the same standard whatever it is. >> and when it is coming to mike pence in the most basic, i mean, the justice department, they

investigated his handling of the classified documents and cleared him last week, and maybe it is not what is on the document, but it is the handling of it, but donald trump is on the tape according to a transcript seen by my colleagues paula reid and others saying that he knew that the information is classified and he could have declassified, but he didn't, and he also knew that he was being recorded in the meeting? >> right. and so did hillary clinton have a home server in her bathroom, and sharing classified via channels that were not a standard, and so whatever it is, everybody else needs to be held to the standard, and there is seeming to be a two-tiered system here, and i have held member of any own party contempt, and i have tried to

hold it down, and to have this indictment on the same day that we got possible bribery schemes on the same day, it seems weaponized. >> i heard you say that you don't believe that it is a coincidence of a coordination, and do you have evidence of that? >> no, but i called it on tuesday. and that is exactly what happened. and this president primaried me last year and so i am trying to come at this from a measured centered nonpartisan way, but the irony not lost on me that it happened yesterday. >> no one has seen the actual charges or the indictment, and we continue to remind everyone, and everyone is waiting to see what happens there, and are you

open, congresswoman, to after reading indictment to being persuaded, and being persuaded that a crime was committed here? >> i am always going to follow the facts, and i'm always going to follow the constitution in any of the cases, and i always have been as i mentioned earlier, and vi held the members of the republican party in contempt of congress, so i feel like i can be credible looking at the evidence or the indictment, but the timing of it is too eerie for me, and the president is trying to take out the number one opponent for next year, and the timing is very suspicious to me, regardless. >> do you -- does this make you more or less likely or impact at all the potential of you supporting donald trump in the primary as he is running? >> i am still keeping my powder

dry and watching republican primary process and i am looking forward to the debates starting in august, but i believe that joe biden handed the nomination to donald trump, and you are seeing the people rally around him, and folking around the country rally around him, because of the day of the bribery scheme between hunter biden and joe biden comes out, it is the day they do it, and it seems suspicious regardless of the party and otherwise the affiliation. >> and so, we know that went before the grand jury, and these were not enemies of donald trump, but these were staff members of mar-a-lago, and people who represent the president, and now work for a super pac, and they want to get him re-elected and the former chief of staff mark meadows and

enemies of donald trump who want to work with the president. >> no, but the coverage of the media started with the 10-23 access that they got yesterday, and the media coverage was taken away because of the indictment of donald trump last night, and it was a distraction, and the timing of it is a distraction from the investigation that the oversight committee is having. we got access to that document, and it is corroborating evidence of hunter biden's emails and other information, and so if you are looking at the evidence that we are seeking on the oversight, and there are no coincidences here, and this is what people are struggling with today. >> you definitely are. congresswoman, thank you for your time, and we would love to get your reaction when we see the indictment on all of this. >> thank you, kate. >> and having her saying handed

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to mar-a-lago has been indicted in the case as well. cnn's evan perez is back with us with the details here. evan? >> that is right, john. he has been a figure and certainly central to the investigation, and prosecutors have allegedly been trying to pressure him according to, some of the lawyers in the trump orbit, and they have been pressure him to try to flip and turn against the former president. they say that he never did that in recent days, and walt nauta was seen at bedminster alongside the former president and among a group of aides there with him as he was waiting to hear whether jack msmith was going to indict him, and now he is facing charges, and we don't know the specifics of the charges that nauta faced, but he is, his involvement is looming large for the former president. he is one of the people who is

allegedly handling some of the documents and moved some of the boxes from the storage room. this is part of what jack smith and the investigative team have been looking at for months. this is someone who is very close to the former president. and brought him the diet cokes for instance, and he went to mar-a-lago with him, and witnessed a number of things that went on down there, and he is certainly somebody that the justice department was keen to try to talk to and try to get information from. at this point, he is facing charges alongside his former boss. >> we don't know the nature of the charges -- >> current boss. >> but you can imagine them falling within the realm of obstruction or mishandling of the national security documents and one might imagine in that

space, yes? >> based on what the witness testimony was in this investigation, john, that appears to be what the prosecutors were going at with the idea that nauta would have been part of obstruction, and that is based on the witness testimony in this case, and that is clear what the prosecutors were honing in on, and the suspicion is that nauta for whatever purpose moving boxes and assisting the president in terms of obstructing this investigation, and details of this charge, and everything is sealed in this case down in florida. >> obviously, the president is the second person does lend itself into a conspiracy charge. and thank you, evan perez bringing us up to speed, and big news, kate, a second person has been indicted in the classified documents investigation. >> with that breaking news that you are talking about with evan,

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more now on the new developments. trump aid, has been indicted in the documents case along with former president trump. joining us now is senior analyst

elie honig. one thing after at another. this is another pesh we know has been charged in this case. what might he be charged with literally taking boxes, we don't know. >> we don't know what he's been charged with. he was donald trump's body man and valet. we know from the prior reporting he was interviewed by investigators. and he said originally he gave a not fully accurate account. he said he didn't know anything about class if ied documents. it turned out he was captured on video tape move ing documents. so the question is what is he charged with? he might be charged with making a false statement. could he be charged for making the boxes, not if he didn't know. it he's charged with mishandling of documents, he has to have known that they were classified and illegal for him to have.

if he was unwitting, you can't charge him with that. another question is he charged in the same indictment as donald trump. >> why does that matter? >> you can charge people either each in their own indictment or ten people in the same indictment. if he's charged in the same indictment as donald trump,s then theoretically, they are headed towards a trial together. there's a way to separate them. but the default is they will be tried together. if they are charge d separately it will be a separate track. >> does the president have a second person in such a major case, how does it impact the big case? >> i think what i'm trying to do if i'm a prosecutor is flip walt. >> are you trying to do it even now? >> absolutely. you're trying to do it with this indictment. you can flip them preindictment. if you don't come on board, you're facing this type of charge. when you get hit with united states v. walt nau ta, has ha a sobering effect.ta, has ha a

sobering effect. and then testify. we don't know whether that's happening. but as a prosecutor, that's what i would be looking to do. >> you want to flip people up. >> the other new developments that we have learned just this hour, i want to ask you about. donald trump announcing he's shaking up his legal team. todd blanche taking over. and another resigning. they put out a statement saying now that the case has been filed in miami, this is a logical moment for us to step aside and let others carry the cases through to completion. what do you think of that? >> it's interesting. i'm pretty sure todd blanche lives here in new york. used to work with him. we overlapped for five or six years there. consider myself friends and colleagues. i'm not sure how much of the florida aspect of this matters. but i will say this. it wouldn't surprise me, it would be a smart move to get local counsel, someone in florida who knows the courts and can relate to a jury. juries care about that kind of

thing. and todd blanche is not your typ typical. he's smart and understated. >> elie honig, thank you very much. just to catch our breath. in the last hour alone, we learned, number one, federal judge trump appointee ilene cannon will oversee this case. number two, trump has changed his legal representation, getting rid of the people we have seen on tv replacing them with todd blanche. and there's a second individual charges in the classified documents case walt nauta. we're following all these developments. this "cnn news central." "inside politics" is up next. at morgan stanley, old school hard work meets bold, new thinking, ♪ to help you see untatapped possibilities and relentlessly work with you to make them real. ♪

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