♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ ♪ hold up ♪ [cheers and applause] ♪ ♪ ♪ ♪ >> this is "jimmy kimmel live." >> jimmy: tonight, breaking news, a new indictment of former president trump facing at least seven charges including conspiracy and obstruction over

his handling of highly classified documents after leaving the white house. the first former president ever to be indicted with federal charges. went to the social media site true social. the results of the investigation of more than 100 classified documents found mar-a-lago estate last august. plus the political fallout, the living contender for the 2024 g.o.p. nomination now under indictment for the second time. what it means for his political future. >> "jimmy kimmel live" will be right back. ♪ ♪ et to great teeth... ...is having healthy gums. crest advanced gum restore detoxifies below the gum line and restores by helping heal gums in as little as 7 days. crest. when you find your reason to go on, let it pull you past the doubt. past the pain, and past your limits.

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>> good evening, thank you for joining us, we begin tonight with historic news about former president trump. in a new federal indictment now facing seven charges including one under the espionage act over his alleged mishandling of hundreds of classified documents after leaving the white house. it's one of several criminal investigations involving trump as he seeks a return to the white house. tonight, former president donald trump's under federal indictment charged by the department of justice after retaining hundreds of classified documents in his home in mar-a-lago after he left the white house. and sources telling "abc news." >> this is historic on so many

levels. the first president indicted on federal charges. a former president and leading candidate for the republican presidential nomination in the upcoming election who is potentially facing federal, state, local charges as he is campaigning. >> byron: "abc news" learning the former president is facing seven charges including willful retention of national defense information, and incorrectly concealing a document. >> compelling and devastating but we have to wa wait and see. we are told to expect a indictment that will lay out the case. at the special counsel knows the american public needs transparency given the historic nature of the charges and the fact that we have such a divided nation. >> byron: if convicted, there charges he's facing could carry decades of potential prison time. the news front runner for the 2024 republican nomination is

facing charges is sending shock waves through the political world. >> this is a major moment in the campaign, nothing federal law or the constitution that says a candidate who's indicted or convicted cannot run for president. but it's never happened before that one has been victorious and there's good reasons for that. >> byron: the former president hoping to return to the oval office has been instructed to appear in a federal court in miami at 3:00 p.m. on tuesday. >> when former president trump arrives in downtown miami tuesday afternoon, he will be formally placed under arrest by the very government that he was once elected to lead. he will be booked and processed and appear through to enter a plea based on initial reaction to their charges and we expect the plea to be not guilty. that moment touches off a month-long prosecution and the former president is prepared to fight. >> byron: earlier tonight, trump posted this video on the social media site true social. >> i am innocent and i will prove that soundly and hopefully

very quickly, thank you very much. >> donald trump is turning his legal troubles into the centerpiece of the campaign and telling supporters that investigators are going after him and what they really want to do is go after them. bill clinton decades ago told voters i feel your pain. donald trump was effectively saying is you feel my pain. >> byron: the charges come after a month-long investigation by stencil counsel jack smith into the alleged refusal to return highly classified documents. about august 8th, the fbi executed a search at mar-a-lago and found 27 boxes of government records including 11 sets of classified materials. four of which were marked top-secret and higher classifications, top secret/sci. meant to be viewed in a highly secured investigation. tipped off that trump teams

ignored a doj subpoena to turn over every classified document he can. investigators an sensitive materials in total 320 documents with classified markings. the news comes after abc news learned the government obtained a audio recording six months after leaving office where trump allegedly admits he kept a classified document involving a military action against iran. the special counsel called on trump's attorney to prove that a ron klain but according to sources were unable to find it. town hall meeting in iowa, trump was dismissive and didn't know what they were talking about. >> everything we did was right, we abided by 100%. >> byron: the records act said all documents become the property of the legal archives after the president leaves

office. but he claimed all along he belonged to him and he can declassified any documents you want telling sean hannity in september. >> if you're the president of the united states, you can declassify even by thinking about it. >> byron: trump isn't the only member of the executive branch to take documents. joe but he says he's cooperating fully with the government. telling given mirror in february. >> i have invited the justice department to come into every aspect of any place i have any control of. there is no need for search warrants, what would you need? just come whenever you want. wherever you want, whenever you want to go, you can go. that is totally different. >> byron: a separate special counsel robert hur has been appointed in that case. a former vice president mike pence had classified documents at his home in indiana. upon discovering them, his team alerted authorities immediately

and allowed them to search without a warrant. after discovery, pence saying it's an intentional error. >> the classified documents should not have been in my personal residence. mistakes were made. >> byron: the investigation has been closed without any need for, oh, my prosecution. earlier today before the news of the indictment, former vice president who is running for president said. to speak of the unprecedented action of the indictment of the former president of the united states will be extraordinarily divisive in our country and i think it will send a terrible message to the wilder world. let me be clear, no one is above the law. >> the difference is that both of the teams were applied fully and completely with the national archives and their authorities trying to bring the documents back. that's not what happened what donald trump and it seemed donald trump at the opposite which is in part why we are talking about this. >> byron: today's charges are one of several legal problems trump is facing. march 30th, he became the first u.s. president to ever be

indicted on criminal charges. allegedly falsifying records pertaining to hush money paid to actress stormy daniels and turned himself in on april 4th and pleaded not guilty. >> if all of this pans out, we are talking about charges that are far more significant and not to mention the fact that these are federal charges we are talking about. this is not a local or state prosecutor, this is the federal government and the department of justice looking at this for quite some time under a special counsel and someone separating the chain of command. >> byron: last month, trump had defamed ordering him to pay $5 million in damages. the justice department also investigating trump's action after the 2020 election and during the january 6th capitol riots called the allegations and lawyer seeking to throw them out. still, even as the legal woes

mount, 30 points ahead of the other republican presidential candidates, trump remains the one to beat. >> this lands in the middle of a red-hot political risk that's begun and is only going to get more intense. you've got republican candidates going after trump and a bunch of different ways and much are steering clear of the legal process but now we see the former president will face charges a multiple cases in multiple states, the dynamics could begin to shift. >> byron: i'm joined now by abcs executive editorial producer. john, this is earthmoving what happened this evening. what's been the former president's reaction? >> he's been huddled in new jersey for much of the week and he's been waiting for this. this is the one he's expected. if donald trump is under investigation in multiple jurisdictions. at least i would have been in manhattan and there's a case down in georgia. this is the one they knew because we all saw it play out in real time.

we saw multiple people going into a grand jury in washington, d.c. searching for documents down in mar-a-lago. this is the one if anything they knew what they were looking for because there had been so much communication between the two. he's definitely trying to understand it right now, they do not have the indictment, they have the basic understanding of what is in there and so i think we will have to wait the next couple days to see the facts and with a special counsel has bui built. >> byron: what donald trump are we going to see next tuesday in florida and will law enforcement be positioned differently this time? it seem like he was in new york that the police were very polite and referential to him. >> i think it's going to be a very curious dynamic and so this is a very different courthouse and not manhattan and miami and florida the ro rocket they knew it was a possibility

and you have to remember donald trump. the dialogue between manhattan and the secret service was when they had to work out the kinks but federal agencies talking to each other a little bit of a better process. as far as the question to what donald trump shows up, remember the image we saw of him in court, that is the guy. the guy that is quiet, the guide that is not really looking around, looking down. you recall at one point the judge in that times manhattan had to ask donald trump to repeat himself because he could not hear him. i think this will impact donald trump and we have to look at manhattan as act i and a total repeat. >> byron: speaking of impact, how will this impact and politically? >> that's a tough question to answer and you have seen the pole so far. but that is now. we are only in june, we have 18

months to go until we actually get to election day. i think it will be curious and i think people start to see the consequences, people start to see the charges, this is a case people have seen action. we have seen images and documents spread out on the floor. it's a little bit more digestible around the dinner table for people. i think we'll have time and obviously a lot more candidates challenging donald trump. >> byron: as always, thank you so much. >> thank you, byron. >> byron: stay with us, we will be back with more on how the breaking news will affect the former president's political future. ♪ ♪ my a1c was up here; now, it's down with rybelsus®. his a1c? it's down with rybelsus®. my doctor told me rybelsus® lowered a1c better than a leading branded pill and that people taking rybelsus®

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♪ ♪ >> byron: welcome back, joining me now with their reaction as democratics rather just just donna brazile, former trump administration official. this is a second time former president trump has been indicted in the last three months so, donna, put this into perspective for us and your reaction. >> first of all, we are in uncharted territory. never before in the history of the united states has the former president been indicted not once but now it twice. remember, this is about the president of the united st united states -- the former president refusing to return documents after repeatedly being asked to return them and the failure to comply with the subpoena. we don't know all of the information that is in the indictment but the fact that we

are a nation of laws and the former president decided for whatever reason that he did not feel it was necessary to return these documents. that's why we are in this territory today. >> byron: sarah, looking at the legal battle ahead, what's going to happen on tuesday when trump has a court date and the justice department lays out the details of the case? >> and some ways it will look similar to what we saw new york a few months ago. the big difference is that this will be in a federal courthouse and a federal prosecutor, jack smith has been around the block's. he's never indicted a former president but jack smith is a well-known prosecutor and a pit bull and he doesn't care what party you belong to but he gets his guy. i will not be surprised to see a speaking indictment from the department of justice meaning we are going to get a real line by line layout of the departments case on tuesday. >> byron: the rnc is asking those running to support the

nominee. your farmer party chair if donald trump's under indictment on trial, while the party still back him you think? >> i think this is going to shake up their race and many of the candidates will have to decide if the president is convicted of these crimes and should they stand behind a convicted felon? for now, the former president may be raising money and raising help, but at the end of the day, the republican party would like to win and they are not going to be able to win with damaged goods. >> byron: the justice department filed the indictment in miami, that district known for extraditing its cases. could the trial be happening in the middle of next year's primary? >> absolutely could. if something called the speedy trial act and so donald trump can actually invoke his speedy trial act rights and make the move very quickly. on the other hand, donald trump can also have a large ability to delay this and so while we could see a trial in early 2024, there

is also a chance this could go past the election. >> byron: you're adept at giving campaign strategy and how will trump's opponents be able to use this on the trail this time around? >> well, i think initially they're all going to come and rally behind. obvious reasons because he's still the front runner in the republican party. but eventually, several candidates and i'm sure as someone as many of us know very well chris christie will take the first stab at it because he's a former prosecutor. but it's the former governor of arkansas will speak out. some of the candidates and former vice president mike pence will be muted at this hour. but donald trump's going to try to rally the entire republican party behind him and find rays off of this and try to build up his momentum and lead within the race right now. >> byron: serra, we heard from a number of republican leaders although some have remained

silent. there is a public facing can you share with us the sense of what's going on behind the scenes in the republican party tonight? >> absolutely, on the one hand i think i'm hearing from a lot of republicans that they feel like this is bad for the country. that donald trump has been pursued since the moment he took office to now that he left office both at state and federal level and while they understand the facts may be different when it comes to joe biden or sandy berger or other democrats who retain classified information, at the highest level, donald trump appears to be a target of democrats and that's their political opponent right now. on the other hand you're hearing from a lot of republicans wondering but does it mean he can't win a general election? >> byron: thank you both and thank you to donna brill and sarah. we will be right back. ♪ ♪ oh, my baby! thank you so much. well... will arnett beat me to it. you can count on me. just like people have been relying on geico for over 85 years. huh, and he beat me to that.

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♪ ♪ >> byron: will have much more on the trumpet indictment and the follow-up with complete coverage on "good morning america" in the latest any time on abcnews.com, "abc news" radio, and our 24-hour digital channel "abc news" live. that is "nightline" for this evening. cut her full episodes on hulu and we will see you right back here same time tomorrow. thank you for the company, america. ♪ ♪