Donald J. Trump is on the verge of becoming the first former president to face federal charges when he appears in a Miami courtroom Tuesday to face charges of illegally holding national security documents after leaving office, obstructing attempts to retrieve them and making false statements about the matter.
His performance at Wilkie D. Ferguson Jr.’s federal courthouse comes a few days after an indictment that broke historic precedent and shook the political universe in the United States, making Mr. Trump both the first former commander in chief and the first presidential candidate. be charged with federal crimes.
During his appearance in court, Mr. Trump is expected to be briefed on his rights, and a judge will assess whether he has legal representation. The appearance may include an arraignment in which he would make a plea; Mr Trump is expected to plead not guilty.
Mr. Trump was due to be arrested on Tuesday, but it was unclear whether US marshals would take his fingerprints or photograph him. Those measures are normally used to help identify defendants, but when Trump was arraigned in New York in April on unrelated state charges, officials felt they were unnecessary given the former president’s notoriety.
Still, it was possible that they would happen on Tuesday. Mr. Trump should also surrender his passport.
It was also unclear whether the public would catch a glimpse of Mr. Trump as he arrived at the courthouse. The former president was expected to enter and exit through an underground garage. In the federal court system, no pictures or cameras are allowed in the courtroom.
Officials braced for a potentially unruly scene in Miami after Trump called on the masses of his supporters to gather at his first appearance, in a move reminiscent of the Jan. 6 attack on the Capitol by a pro-Trump -crowd.
A crowd of news media organizations had gathered at the courthouse, setting up tents and crowding the perimeter, but few, if any, members of the public attended.
Still, Miami Mayor Francis X. Suarez, a Republican, called a press conference Monday to instruct anyone planning to protest that violence was not welcome in the city. Mr Suarez said he believed in the right to protest, but also in “law and order”.
Security at the courthouse was tight Monday as police and federal law enforcement officers sweep the grounds.
“We encourage people to be peaceful,” Mr Suarez said, adding: “We will have the necessary troops to ensure that.”
Mr Suarez said authorities could close roads near the courthouse depending on the size of any protests and that commuters should be prepared for potential disruption.
The case against Mr. Trump is the second criminal charge this year against the former president. Mr Trump was already indicted in April in a New York courthouse on state charges that he had falsified business records.
In the case that brought him to Miami, Mr. Trump has been charged with 37 counts of unauthorized retention of national security information. They relate to the former president’s hoarding of sensitive government documents after he left office and his refusal to return them, even after he was subpoenaed for all remaining documents in his possession marked classified.
Two of Mr Trump’s attorneys who had represented him in the classified documents investigation — James Trusty and John Rowley — resigned from his legal team last week.
Mr Trump said he would be represented in the case by a new lawyer, Todd Blanche. He will also be represented by Christopher M. Kise, a former Florida attorney general who won four cases before the United States Supreme Court.
The government is expected to be represented by Jay I. Bratt, a top official in the Justice Department’s national security division, and Julie Edelstein, the deputy chief of counterintelligence and export control.
Following the trial, Mr. Trump is expected to fly to Trump National Golf Club in Bedminster, NJ to make remarks in the evening while defending himself.
Mr. Trump has called on his supporters to gather at the courthouse in defense: “See you in MIAMI ON TUESDAY!!!” he posted on Truth Social. Of particular interest to law enforcement officials is a planned rally at the courthouse, promoted on Telegram, by the far-right Proud Boys group. The Proud Boys in particular played an important role in the January 6 attack. Members of the group were recently convicted of seditious conspiracy. Many of Mr. Trump’s most extreme supporters are reeling after more than 1,000 of them were arrested in connection with the January 6, 2021 storming of the Capitol.
Mr Trump’s arraignment in New York did not lead to violence; crowds of rival protesters outside the courthouse were noisy but peaceful.
Miami police chief Manny Morales said his army was prepared for a crowd of between 5,000 and 50,000 protesters. Chief Morales said officers would try to keep groups of rival protesters away from each other.
“We take this event very seriously,” he said. “We know there is a possibility of things taking a turn for the worse. But that’s not the way of Miami.”
Adam Goldman, Alan Feuer And Charlie Savage reporting contributed.