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hello. i'm erin burnett in new york. >> i'm jake tapper in washington. welcome to our cnn special coverage of the federal criminal indictment of donald trump. let's show you some live

pictures from miami international airport where the former president just landed a day before he is arraigned on 37, and that's 37 criminal felony charges over the mishandling of the classified documents. >> jake, soon, trump is to meet with his defense team, and he is going to be staying at his doral resort tonight in miami, and the legal team, i should emphasize is not finalized, because he is still searching for the lawyers to represent him in florida even though he has the arraignment tomorrow. the law officials are ramping up security in miami ahead of that, and preparing for the possibility of large protests of trump supporters. evan perez is there in miami, and also we have carlos flores there where trump is spending night. evan, you have new reporting on how the special counsel got everyone in this position, right? where the former president is coming down to florida to face the challenges in florida in

miami instead of washington, d.c. >> that is right, erin. it is something that the special counsel team started planning for just in the last few months, and we are told by some sources, and the issue here is the venue. the fact is that mar-a-lago is located in the traditional district of the southern district of florida, and that is where the alleged crimes took place, and that is one reason why prosecutors confronted the issue, and something that the trump team had raised if the case were brought in washington, that it would be something that they might be able to challenge. and so, certainly for the prosecutors, you know, they are facing now a couple of challenges as a result. this is a jurisdiction that is friendlier jury pool for the president and certainly one friendlier than washington, d.c., where most of the testimony was taken by the grand jury there. the second thing is that, you know, one of the big pieces of evidence is those notes from

evan corcoran, the trump attorney who provided testimony to the grand jury in washington, and all of that was litigated by the judges in washington, and at what point does trump's legal team try to challenge that here in southern district court here in florida and that is a separate group of courts and try to exclude some of that testimony from evan corcoran, and the challenges that the prosecutors knew they would be confronting by taking case down here in the southern court of florida. >> and yes, i want to go to evan suarez who is going to doral and not spending the next 24 hours there, and not going mar-a-lago or palm beach, but coming straight so miami and staying at doral. >> yeah, that is exactly right. so i'd say a crowd of 100 trump supporters have gathered outside of the entrance of the doral property here, and many of them are waving the american flags

and holding up signs in support of the former president. now, just a few minute ago, a few of the supporters have made it out to street here, and the doral police pushed everyone out off of the sidewalk, and the miami-dade police department as well as the doral police department were really anticipating this one event taking place outside of the former president's golf club here, and the property here in the city of doral. the former president as you all noted has landed at miami international airport which is a 10 to 15-minute drive from where we are right now, and expected that the former president is likely to drive past this group. he has nothing else on the schedule. he is expected to spend the night here at trump doral before making his way to downtown miami tomorrow for the appearance in federal court. some of the supporters out here chanting a few thing, and among them was one whom said, the more you prosecute him, the more we

support him. some of the supporters out here have said that they will be in downtown miami to show the support for the former president. and now in the 2:00 hour, the city of miami wrapped up a news conference where they did not get into a whole lot of the security posture ahead of the appearance tomorrow, and right now, they are anticipating some crowds showing up tomorrow, and a lot of the plans will be dictated by how many people show up. >> of course, the great unknown. carlos, thank you. jake? >> erin, thank you. the panel is back joining the cnn beth sander, and also, elie honig, what are you expecting to see tomorrow, and how about trump's kind of to last-minute scramble to get the defense attorneys in florida. >> well, in tomorrow, what is going to be historic and unpre unprecedented, because we have never seen a former president

sit at a defendant table in federal court. so what is going to happen tomorrow is mundane. normally, you are fingerprinted and mug shotted and i don't know if they will do either of those things in federal court, because they gave a pass in manhattan, and they will look for the plea, and then the schedule is what you will look for. how quickly they do these things. usual will i in federal court they don't. but they say, these are the discovery deadlines and the motions and then set the trial date after that. >> and beth, let me ask you, we will see in all likelihood, a big pro trump maga crowd, and has january 6th changed the way we will see law enforcement prepare for the way that law enforcement prepare for such

things like this? >> yes, people were caught off guard on january 6th, and it is not that the streams of information are not available, but it is that they get to the right people, and people are prepared. as people have pointed out today, the miami police force is a pretty well run machine, and i think that they will be ready for this. >> lentd me ask you, former fbi director, and you read through the allegation, and read the analyses like this one in washington, d.c., if trump had returned documents, he never would have been charged. and so the big question is why? why did he keep them? does the prosecution have to answer it? >> they don't have to answer it, but it is very good to answer it, because it is going to help the jury to understand the narrative that the prosecutors are putting in place, and here we don't have a clear answer to that. we have two episodes referred to in the indictment that shed a little light on the why and how he used the --

>> let me interrupt you for a question, because i want to show you how donald trump does the least favorite thing walking down the stairs, and arriving in miami international airport, and -- sorry. >> and he used the iran document to refute the documents of the joint chief of staff, and another document to refute the political action committee, and so what we know is that the approach to business and politics, and approach the interpersonal relations arkp it is a constant pursuit of advantage, and he is fundamentally transactional in nature and looking for the edge in political rival, and business rival, and the person he is conversing with, and my guess, and it is speculation is that he saw in this material information that might be useful to him at some point in the future. it is hard to say in specificity what the plans were or if he had any at all. >> but i have just asked, yes,

it is a question for the prosecutors, but it is also a question about whether or not the defense is going to mention it at all. maybe they have a reason that they is something to put forward that he can explain and about the case, but it is going to be interesting to see. i asked one of the political allies just this morning, why did he take all of this, and the question is i am not asking him, because i am not ending up in court. >> smart answer. >> and the senate republicans saying well, he did not give them to a foreign power, and he is not spying and he did not use them in transaction, and it is irrelevant whether he did them or not, but on the political side, the bar is being put on the floor in terms of the conduct of what a president ought to be. >> the presidential motorcade as it departs from the landing of the trump plane.

dana, were you with me right before the inauguration in 2017 when tom barrack told us how much he hates to walk down stairs. >> because he grew up in an apartment building. >> he hates to walk down stairs. >> it is because he grew up in new york city in apartment buildings. >> and to the manor be born. and also, walt nauta is indicted as well, and he is with trump right now, and if he were watching cnn, unlikely, but if he were watching, should he go for a plea deal or stay with a joint deal with donald trump? >> do a plea deal and he is facing 20 years and overwhelming

evidence, and looks like beyond a reasonable doubt almost off of the material that is raised in the indictment. and i don't know how he can win this. he could strike a good deal, as a navy man, he could have had a sensitivity to highly classified material, but he certainly did the president's wishes as in the classified indictment. >> and jamie, what are you hearing as they watch this historic event and not in a good way for donald trump. >> well, there are people who are backing trump, but the people who are not are appalled. they believe it is outrageous. and just to go back to the why for a second, i remember a couple of months ago, i spoke to

michael cohen about this who worked with trump, and he said it is for the bragging rights some of it. this is before we knew exactly what was in here, and it is true that there were things that he liked to show off, like the kim jong-un letter s or the sharpie map, but what is interesting about the indictment is that he was personally going through these boxes. if you are looking at the indictment, they have a text exchange between trump employee two, walt nauta, i delivered some, but i think that he may need more. knocked out two boxes, and he is tracking the boxes. this is showing a level of interest in what was in there. andy mccabe mouthed the word intent, so i will take intent, but the level of how sensitive these classified documents appeared to be and the fact that he was going through them, and

he would not give them back is going to say a lot in this case. >> and not only was he going through them in florida at mar-a-lago, but he took some of them with him up to bedminster, and he had a specific document that he wanted to show off. and he had that with him. >> about iran. >> and one note about trump in a period of time when trump, but for all intents and purposes at mar-a-lago to still be pretending to be the president of the united states, and he has people around him calling him mr. president and sending out the email lists with the presidential seal on it, and kind of a imagination around him that he was the president and the documents belonged to him when of course they did not. >> and now, he is the first ex-president in the history of the united states to be indicted on federal charges and his own ex-attorney general says that he is quote toast, if only half is true. and still, many are standing by

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as donald trump prepares to go to court, republicans are grappling with how to respond to the former president's criminal indictment, and some of the president's staunchest allies are saying they will stand behind him, and no matter what, ride or die. and lauren fox is live on capitol hill, and what are you hearing from the republican lawmakers? >> yeah, we spoke earlier today with the house speaker kevin mccarthy and perhaps one of the closest allies to former president donald trump, and he made it clear, he is sticking with the former president, trying to strike a false equivalency by comparing this case to one that he argued should be made against the current president joe biden, and pushing back against him, i argued, these are very, very clear charges against the former

president, and he said that he believes that the former president did nothing wrong. he also argh yud and gave a glimpse of what the house of representatives may do in the future, and saying that he did want to hear from jack smith, the special counsel in this case, and saying that the american people would like to hear from jack smith. here's what he said to us. >> the idea of equal justice is not playing out here, and so that's a real concern to all americans, and so as a policymaker for all, we want to look at the weaponization -- >> is that a good look for the president to have documents in a bathroom? >> well, i don't know, the current president with a document in a garage unlocked? a bathroom can lock. >> and now, looking, jake, from the leadership over in the u.s. senate which is silence, and one

of our colleagues nicky robertson tried to ask mitch mcconnell a question about it, and he did not answer the question, and he normally does not talk in the hallway, but he has not released a public statement nor has john thune the whip, and such a split screen between the house leaders and the republican leaders. >> interesting. thank you, lauren fox. >> and still nothing from john thune. and the panel with us, and alyssa griffin, and trump's indictment is creating a divide obviously in the gop, and the republican hopefuls, and a divide, and whole lot on one, and little lopsided of the divide, but some of them are truly defending him. take a listen. >> reading that indictment and looking at selective omissions of both fact and law, then i'm more convinced that a pardon is the right answer here. >> we shouldn't be promising and holding out with the fig leaf of

a pardon, because that is undermining the jury system, and we don't need a commander in chief who disregards the nation's secrets. >> and he says something interesting, don't dangle it out because it is going to be correct or not. >> yes, and the republicans in the house have played a big role in politicizing it in the justice department, but you can't deny the second factor in this that it is posing a grave risk for national security, and for tim scott, and nikki haley, you can have any thoughts tbt doj, but you cannot ignore the blatant facts out here, and that is what you cannot ignore here. >> and not to get into the

relitigating other case, but joey did it, and so can i. it does not make it right, and this is what we are missing from the gop right now. >> and inherent in the argument that someone else did it, and so you are admitting that the person who you want to let go did it as well, and so that is not making a ton of sense, and liste listening to the last candidate there, i am not putting a lot there. and listening to the voter, do you want to hear about the plans of the country, and 96% said yes. the investigations into you, only 20%, and so there is a hunger in the primary electorate, what will you do, and trump's two favorite investigations are the investigations of the 2022

candidate, and i would say, wait, is there any room to run on trump's investigations or focus on my own plans for the country. >> and what sara murray was reporting in the rally that he attended with walt nauta who is a co-conspirator in the indictment, and 40 minutes and more than half of the time was spent just talking about legal troubles. >> and that is -- >> that is a long time to sit there and listen to anybody talk about anything. >> and if he needs to get 40% of the crowded field, then maybe, his strategy is to go to play to the 38 or 39% of the people who want to hear about the grievances than a positive vision of what this country will be, because eventually, you'd lick to think that as he is continuing to be indicted and convicted of at least some of the crimes that he is charged with or will be charged with, that is going to cause him to lose some support within the

republican party, and even if we don't see evidence of it right now. >> and interesting of what lauren was reporting senators thune and mcconnell silence, and it is not the same thing of saying this is wrong and looks bad, and i am not okay with these things happened if they happened, and it is different than kevin mccarthy making light of something that he should not have made light of in being honest, and the garage doors don't lock and bathroom doors do. that silliness. >> and the disconnect of what one is waiting and seeing what the impact will be and the other is saying, look, i'm already vulnerable, and 15 rounds to get this hammer, and i better bring it down in the favor of donald trump. what everyone is thinking about is the consistency, and there is a matthews international air guardsman who disclosed information on discord likely for bragging rights, and no evidence that it is going to a foreign national or anyone else,

and i remember so many people coming down on him with good reason, because there was a violation of the law that had been alleged, and so when we have violence with respect to somebody who was the commander in chief with the similar allegations, maybe for similar and benign reasons and i'm being very generous, i am wondering why people are being quiet in congress, because again, everybody made a big deal this is not espionage in the james bond sense to mean espionage is spying, but legislators have the laws on the books and want them to be enforced by the members of the executive branch and trump is head of the branch, and i am curious why. >> and john, we were talking about the motive and trump does like to brag about that, and laura is making the question about of the motive and trump's business relations with the documents that may have been involved of, and we don't know just bragging rights, but the interesting theories of why he would want this stuff to be

lying around and not accidentally, but purposefully. >> well, donald trump is about collecting and props, and showing what all he has, and the guy that was not re-elected as president, and trying to run again, and there is a theory that he created alternate oval office for the shadow presidency in mar-a-lago, and part of that was showing cachet that i don't just have the things that i collected from the white house, but classified documents and i have access and i will be back, and part of the prep for his second act. and then there's the question of what of it went beyond the props. what of this classified information could have had another purpose either in a business deal to an ally, to a supporter to be used against an enemy. >> all of that, and karen, one question is the indictment gives you enough to show what you have got, but not everything. so right at the beginning they

give two very specific instances of dissemination, and do they have more on the crucial thing, and decided to include two in indictment? >> if you can recall, he possessed hundreds of classified documents and jack smith when he did the search collected hundreds more, but only 31 of the documents in there, and so jack smith had to pick and choose a balance of what are the strongest counts, and what are the ones that you can reveal, and he had to negotiate with the intelligence community of what documents to use, because they are so secret that we can't have them show up in a court of law. so there might be other instances involving the super secret documents for all we know. and it is speculation, but we know of a limited number of the documents that he possessed, and yes, they were incredibly secret and sensitive and involved our national defense as well foreign countries, but there are a lot of other documents as well that aren't in there.

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welcome back to the special life coverage. former president donald trump has lapded in miami where he is going to be arraigned in federal court tomorrow. the former president is facing 37 criminal charges, 37, related to the mishandling of classified documents, and right now we are told that trump is on the way to the resort in doral to meet with lawyers and form a legal team that he is still putting together at this hour. and now, we are learning of mounting concerns from law enforcement over the large number of trump supporters expected to gather outside of the courthouse. shimon prokupiez attended that conference, and what are they expecting? >> there is certainly an e pex p -- expectation of the number of

people, jake, that could potentially descend upon this location, and while the miami police chief had the press conference with the mayor saying that they are ready for anything that may happen, they also said that they want people who want to protest or who want to come out to support the former president, they want them to do so peacefully. they don't have designated areas for those people to gather and it is going to be a free for all it seems at this point. i asked the miami city police chief more questions about the security preparation, and what he expects. take a listen to what he said. >> reporter: we have been hearing from the people around the building and area, that there is a concern of no hardening around the perimeter and that people can freely come and go, and there is yellow tape right now that has been placed. will that change, because there a lot of concern that people may try to storm the building or try to enter some of that area, and are you going to harden that area?

>> i can tell you that reach out to those folks, and tell them that there is no reason to fear. >> that is sort of the posture here, jake, there is a feeling that there is no reason to fear. you can see that this is the yellow tape here, and when i was in manhattan, and the former president was there, and we saw metal barricades placed around the building, and so far, we are not seeing that here, and generally, you will see an open area, and we also asked the police chief and the mayor if they are going to be closing any of the streets down or allow people to gather around any of the protesters here, because a lot of the street here, jake, it is open, and it is much different than what we have previously saw in manhattan, and right now, we don't have any answers to many of those questions, but it is very open. that is certainly something that is concerning to people that i have talked to who normally see some kind of hardening, some

kind of structures and barriers placed around the building, and maybe that is going to change later on, and certainly something that we keep asking about. the other thing that i wanted to tell you about is that we learned tomorrow about the former president, and that he is going to be in the 13th floor here, and they will lead him up the stairs and process and the entire 13th floor is now shutdown to the public. again, they are preparing for that, for his appearances, and the extra security measures inside, but jake, i will have to tell you that the big concern is what is going to happen outside here, and hopefully, hopefully we will see a different response here from the law enforcement officials, jake. >> and thank you, shimon prokupiez. >> he once stored some of the top secret documents in the bathroom from his own attorneys, and this afternoon, donald trump is still looking for new legal

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donald trump has returned to south florida where he is expected to meet with his attorneys ahead of tomorrow's court appearance, but on the eve of his arraignment in federal court, it is unclear whom the former president is going to

formally hire to represent him. our court correspondent paula reid is outside of the courthouse. >> we expect to see his legal team, but we know the departure of most of the legal representatives in this case, they are looking for more florida-based attorneys. historically, the former president has had trouble recruiting new lawyers, and there are concerns of getting paid, and reputational concern, and concerns from some firms about alienating or aggravating other clients, but i can tell you that speaking from florida bar, there are reputable lawyers who can represent the president, but it is unclear if he will be having them in place before the arraignment, but he can go forward. and like any other defendant, he

can arrive here at the miami courthouse, and he will be processed including fingerprinting, and then he is going to go before a magistrate judge where he can hear the judges to hear the charges against him and then he will have the opportunity to enter a plea, and we expect that to be not guilty. and then it goes before a magistrate judge and that is aileen cannon, and that is a trump-a trump-appointed judge. and she did object to a search of mar-a-lago, and then it was appealed and overturned. so that is going to be a major plotline in this coverage, jake, because the former president has said that the process is unfair, but he is going to be before a judge that he appointed. >> and donald trump says that he

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and donald trump is now in florida preparing to embark upon a schedule that no former president has ever had before. he will go from a criminal court to a campaign fund-raiser. sources tell cnn that hours after the historic arraignment tomorrow, donald trump is going to return to the bedminster golf

club where he is going to attend a donor event for his 2024 presidential event. kristen holmes is joining us from bedminster, and what more are you learning about this strategy? >> well, jake, what i am hearing right now is that they don't anticipate anything changing in the 2024 presidential campaign strategy. now, of course, there are still so many unknowns, is there going to be a trial in the middle of the campaign, and what does this look like? so while they are attending multiple events announced around the off of this arraignment tomorrow, it's unclear whether or not that's actually going to be possible to stick with that. i want to note over the weekend something that we heard trump say in an interview with "politico." he said, i don't want to be indicted. i didn't ever want to be indicted. my whole life i went without being indicted and he called it political.

the reason why this is notable, this is something that we had reported that trump had said privately behind closed doors. clearly now he's saying that outloud. that was really on display, how much these legal battles are looming over him when we saw him speak over the weekend. i was in georgia where he spoke for 80 minutes, 40 minutes of that was focused on the legal issues. it was the first 40 minutes, he didn't get to what his campaign was going to look like until much later. less insults, less swings at other republican candidates. this is going to continue to grow and no one on his team really knows what exactly this is going to look like. but i will note to you that he is meeting his top advisers at that doral resort. they will be in the meetings when they're discussing lawyers and what that florida team will look like. they're very much involved in this and i do think we have crossed a rubicon here in which there is no real separation between trump political and

legal because they have all kind of melded together as he pursuing this third presidential bid. >> kristen holmes in bedminster, thank you so much. former president trump expected to enter a plea of not guilty at tomorrow's arraignment of the 37 federal criminal charges against him. trump has been proclaiming his innocence ever since the justice department began investigating him much less handed down his indictment. he's been making a lot of other claims during that time. sarah murray is here with a fact-check. one of the big claims donald trump has made repeatedly is that he declassified the documents central to the justice department's case. is that true? >> well, yeah, he's made a number of claims like this. at one point he said that there doesn't have to be a process at all, as i understand it. he said if you're the president of the united states, you can declassify just by saying it's declassified even by thinking it. but our reporting has shown that federal prosecutors heard from a

witness who said that donald trump was informed of the proper process to go through, did he classify documents, he followed it at point. we should look back at this indictment which recounts a meeting that donald trump that had our cnn team has done extensive reporting on that was recorded where he appears to be showing this document that's classified and acknowledging in the conversation that he knows he can't declassify it. he said this is secret information. look, look at this. he goes on to say, see, as president i could have declassified it, now i can't, you know. but this is still a secret. so there's no real evidence out there to support donald trump's claim that he declassified everything when he left office. but there is a lot of evidence out there that he is not quite telling the truth here, jake. >> sarah, trump has tried to deflect criticism over his alleged mishandling of these classified documents by pointing out or arguing that president biden had more than 1800 boxes of documents stored at the

university of delaware. assess that for us. is that true? >> that's right. donald trump has brought this up in speeches. he has brought this up on social media saying that biden had 1850 boxes of documents full of classified information and why isn't he being prosecuted. the reality there is documents at the university of delaware that are papers from joe biden's 36-yearlong senate career. the fbi has searched the university of delaware twice. they retrieved some materials but a source said they did not appear to have classified marking on them. we know there were some classified documents that were recovered from joe biden's home in a former private office. but this notion that he has 1800 boxes of classified documents floating around is not accurate, jake. >> what about the claims that trump and his allies make that

democrats are using the justice department to target trump for political purposes? >> well, i think the first thing we should note on this is that merrick garland was the one who chose this special counsel jack smith because he didn't want a biden appointee making the call. the other thing we should note is that there's a grand jury that is in florida. donald trump's home state. it's made up of regular people like you and i serving on this grand jury who decided on this indictment and now the case, we know, has landed in aileen cannon's lap. this is a trump-appointed judge. we've heard from joe biden saying publicly that he's not directing the justice department on what to do, that he's not involved in this case, jake. >> sarah murray, thanks so much. stay with us. cnn's live coverage of trump's indictment continues after this short break.

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in less than 24 hours, donald trump will make history again. and not the good kind. "the lead" starts right now. the former president donald john trump has arrived in florida for his court date. tomorrow he will be the first person to have held that office