Summary

  • Donald Trump is facing 37 criminal counts over retaining national defence information, nuclear secrets, and obstruction

  • A document which details the charges - known as an indictment - is unsealed by the US Department of Justice

  • Classified files were stored in a shower, bathroom, ballroom and his bedroom, the charges allege

  • Walt Nauta, a close Trump aide, is charged separately and jointly with Trump over handling of classified files

  • It comes on a day of tumult for Trump as his lawyers Jim Trusty and John Rowley suddenly resign from the case

  • The former president, campaigning to return to the White House, says he is innocent and the indictment is "election interference"

  • He will appear in a federal court in Miami on Tuesday, with Secret Service agents already planning his journey

  • Special Counsel Jack Smith, the lead investigator, says he wants a speedy trial and that Trump is innocent until proven guilty

  1. Thank you for joining uspublished at 23:02 British Summer Time 9 June 2023

    We're closing our live page coverage of Donald Trump's indictment for today.

    Federal prosecutors unveiled a historic list of charges against the former president. Read about why they are so damaging here.

    The newly unsealed, 38-count indictment accused Trump of illegally mishandling classified documents - including ones containing information about the country's nuclear programs - and obstructing justice.

    Up next is Trump's high-profile court appearance in Miami, Florida on Tuesday.

    Thanks to today's editors, Marianna Brady, Dulcie Lee, George Bowden and Brandon Livesay, as well as reporters Brandon Drenon, Kayla Epstein, Madeline Halpert, Thomas Mackintosh, Max Matza, Jack Burgess, Victoria Lindrea, and Anthony Zurcher.

  2. Could Trump go to prison?published at 23:01 British Summer Time 9 June 2023

    Bernd Debusmann Jr
    US reporter

    Donald Trump has been criminally charged for the second time in months.

    This time, the subject is his handling of classified files after he left the White House. Thousands of documents were seized in an FBI search at his Florida estate Mar-a-Lago last year, including about 100 marked as classified.

    Legal experts say that Trump, who is running for president again in 2024, could face prison if convicted of mishandling the documents, or of obstructing the investigation into whether he did.

    He has repeatedly denied any wrongdoing, and said he "never thought it possible that such a thing could happen to a former president of the United States".

    Read more: Here's what to know, and what to expect next

  3. How much do you know about classified documents?published at 22:56 British Summer Time 9 June 2023

    The BBC's Anthony Zurcher tests your knowledge of the issue that has gotten Donald Trump indicted.

    Media caption,

    How much do you know about classified documents?

  4. Boxes in the bathroompublished at 22:38 British Summer Time 9 June 2023

    Chelsea Bailey
    US reporter

    Six pictures released as part of the indictment against Donald Trump show cardboard boxes of documents stacked to the ceiling in rooms across his Mar-a-Lago estate.

    Take a look here.

    Boxes stored in a roomImage source, DOJ
  5. Trump aide alleged to have lied to FBI agents three timespublished at 21:57 British Summer Time 9 June 2023

    A US Navy veteran and aide to Trump, Walt Nauta, has also been charged as part of the documents probe.

    According to the charges, Nauta made several false and misleading statements to prosecutors about where the documents were stored and how they were transported.

    On 17 January 2022 Nauta and another unnamed Trump employee gathered 15 boxes from Trump's residence, loaded them into Nauta's car, and then took them to a commercial truck for delivery to the National Archives.

    In an interview with FBI agents in May 2022, he allegedly lied three times about his knowledge of the documents.

    Prosecutors say he falsely stated that he was not aware that boxes of documents had been brought to Trump's home for review, that he did not know how they had arrived at his residence and that he did not know how they had been stored before being handed over to the National Archives.

    Asked about whether they were stored in a locked location, he responded: "I wish, I wish I could tell you. I don’t know. I don’t — I honestly just don’t know.”

    The charges against Nauta include conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document and concealing a document in a federal investigation, all of which carry maximum prison sentences of 20 years.

    Two other charges - scheme to conceal and false statements and representations - carry maximum sentences of five years in prison.

    Read more: Who is Walt Nauta?

  6. Analysis

    The three classified documents casespublished at 21:39 British Summer Time 9 June 2023

    Anthony Zurcher
    North America correspondent

    US President Joe BidenImage source, Reuters

    Three men who have served at the top of the US government - Donald Trump, Joe Biden and Mike Pence - appear to have mishandled classified documents.

    Trump seems to be in the deepest trouble. He is now being indicted on charges related to files found at his Florida home.

    Aides to President Biden discovered classified documents while moving boxes out of the president's offices at a Washington think-tank, then a second batch was found in a garage at his Delaware home.

    Former vice-president Pence also made headlines when documents were found unsecured at his home in Indiana.

    Continue reading about the different cases here.

  7. Secret Service won't ask for anything out of the ordinarypublished at 21:18 British Summer Time 9 June 2023

    The United States Secret Service "will not seek any special accommodations outside of what would be required to ensure the former Presidents continued safety" on Tuesday, according to spokesperson Anthony Guglielmi.

    There will be agents with the former president the whole time, and there will be a motorcade to the courthouse.

    Law enforcement will also work to shorten Trump's movements and travel time to ensure his safety.

  8. What are Republican lawmakers saying?published at 21:12 British Summer Time 9 June 2023

    Republicans in Washington are reacting to the charges against Trump, with at least one claiming the allegations mean “we have now reached a war phase”.

    Georgia Congresswoman Marjorie Taylor Greene alleges the Department of Justice has committed “37 counts of election interference” by charging Trump 37 times.

    Texas Senator Ted Cruz called the charges “an assault on democracy”. “This indictment is garbage. This is a political attack,” he said on his personal podcast.

    Utah Senator Mitt Romney, who has repeatedly feuded with Trump in the past, released a scathing statement. “Trump brought these charges upon himself by not only taking classified documents, but by refusing to simply return them when given numerous opportunities to do so,” he said.

    Arizona Congressman Andy Biggs tweeted "We have reached a war phase. An eye for an eye".

  9. Analysis

    Trump indictment puts Pence and Republicans in a tricky situationpublished at 20:56 British Summer Time 9 June 2023

    Katty Kay
    US special correspondent

    Mike PenceImage source, EPA
    Image caption,

    Mike Pence says he is "deeply troubled by the indictment of a former president of the United States" that sends a "terrible message to the rest of the world"

    Mike Pence - Donald Trump's former vice-president and now competitor for the Republican nomination - has said the handling of classified documents is a very serious matter.

    He added that protecting the nation's secrets is essential, that no one is above the law, but he also wished the Department of Justice had not charged Trump.

    The last of those statements may appear to contradict the first three and they reflect the tricky position Pence, and the other Republican candidates, are in.

    He is trying to both defend Trump, suggesting that some type of deference should be paid to the former president.

    But, Pence also says he believes in the rule of law and that everyone, by implication whether they are a former president or not, should be held under the law.

    The word pretzel comes to mind.

  10. Indictment holds "compelling case" - former prosecutorpublished at 20:50 British Summer Time 9 June 2023

    Madeline Halpert
    Reporting from New York

    Diana Florence, a former federal prosecutor in the Manhattan District Attorney’s Office, noted that prosecutors took aim at Trump for keeping classified documents and, crucially, refusing to turn them over.

    Had they simply accused him of taking the documents in the first place, Trump could have argued it was a mistake, Florence told BBC.

    She said the indictment lays out a “compelling case” of intentional withholding of documents.

    The tape recording where Trump admits he has documents that are classified is particularly “devastating” for his case, Florence said.

  11. Trump calls special prosecutor a 'psycho'published at 20:45 British Summer Time 9 June 2023

    Kayla Epstein
    Reporting from New York

    As the special counsel took to the podium to announce the charges against him, Trump unleashed a tirade against Jack Smith on his Truth Social account.

    He posted a photo of Smith and declared him a "Trump Hater" and a "a deranged 'psycho'".

    These personal attacks are similar to the ones Trump unleashed against Manhattan district attorney Alvin Bragg, who is overseeing a separate felony case over hush money payments. The judge overseeing that case specifically warned Trump and his lawyers about attacking prosecutors on social media.

    In another post, Trump demanded to know why President Biden wasn't facing prosecution for the classified documents found at one of his post-vice presidential offices last year.

    "Biden moved his Boxes all over the place," Trump declared. "Why isn’t deranged Jack Smith looking at that?"

    While both scenarios involve classified documents, the two cases are distinct.

    Trump's stands apart due to the charges that he obstructed the investigation and return of the documents, even after months of requests from the government. Biden is not facing such allegations.

  12. Catch up on the latestpublished at 20:37 British Summer Time 9 June 2023

    It's been a whirlwind few hours, with the federal indictment against Donald Trump unsealed and the Department of Justice holding a press conferece.

    Here's what's been going today:

    • Trump faces 37 charges - accusing him of mishandling classified information
    • They include 31 separate counts of wilful retention of national defence information under the Espionage Act
    • Charges state the documents relate to US defence and weapons capabilities, the US nuclear programme, possible vulnerabilities of the US and its allies and plans for possible retaliatory attacks
    • On two occasions in 2021, the former president allegedly showed classified documents to others who did not have security clearance, including a writer and two members of staff
    • Pictures released by the prosecution show the boxes of documents as they were recovered by Mar-a-Lago in Florida
    • Walt Nauta, a Trump aide, is also facing several charges over allegedly lying to prosecutors about how the sensitive documents were stored and transported
    • Special counsel Jack Smith, who is leading the prosecution, held a short press conference in which he only spoke for a few minutes and took no questions.
    • He asked the public to read the charges "in full" and to understand "the scope and the gravity of the crimes charged"
  13. Indictment casts new light on Bedminsterpublished at 20:24 British Summer Time 9 June 2023

    Anthony Zurcher
    BBC North America correspondent

    Most of the attention in the investigation into Donald Trump’s handling of classified documents after his presidency has focused on his Mar-a-Lago estate in Florida.

    The indictment sheet, however, indicates that the former president’s other residence, a golf club in Bedminster, New Jersey, also played a key role.

    Two of the episodes described in the greatest detail occurred at his summer residence. The first involves a recording of the former president talking on 21 July, 2021 about a secret US “plan of attack” against a country that is not named, but believed to be Iran.

    The other is an account of a meeting with a political aide in August or September where Trump displayed a classified map of another country and said an “ongoing military operation” there was not going well.

    The indictment also alleges that, after receiving a government subpoena for classified documents, Trump ordered that some boxes of classified documents be moved from Florida to New Jersey.

    The indictment sheet does not explain what happened to those boxes. While government investigators searched Mar-a-Lago, they never accessed Trump’s New Jersey estate.

  14. A 'speedy trial'published at 20:16 British Summer Time 9 June 2023

    Special counsel Jack Smith said his office would seek a speedy trial to meet public interest and that he "very much" looked forward to presenting their case to a jury of citizens.

    During the short roughly two-minute announcement Smith did not take any questions from reporters.

  15. Laws in this country apply to all - investigatorpublished at 20:10 British Summer Time 9 June 2023

    Media caption,

    'Violations of those laws put our country at risk'

    Special counsel Smith says: "We have one set of laws in this country and they apply to everyone."

    He praises the prosecutors in his office as among the most experienced and says they work to the highest ethical standards.

    "It is very important for me to note the defendants in this case are innocent until proven guilty," he adds.

  16. Everyone should read indictment in full - investigatorpublished at 20:09 British Summer Time 9 June 2023

    Special counsel Jack Smith, who is leading the investigation, has just begun speaking.

    He says the indictment was voted on by a grand jury of citizens of the Southern District of Florida.

    He encourages everyone to "read it in full" to understand the "scope and the gravity of the crimes charged".

    He adds that laws protecting national defense information "are critical" and "must be enforced".

  17. Trump investigation lead making statementpublished at 20:06 British Summer Time 9 June 2023
    Breaking

    The Department of Justice is holding a press conference in Washington for the first time since it charged former President Donald Trump on 37 counts.

    We're hearing from special counsel Jack Smith, who is leading the investigation.

    He's making a statement - but won't take questions from reporters.

    You can watch along by pressing play at the top of the page.

  18. In Pictures: Documents stored at Mar-a-Lagopublished at 20:00 British Summer Time 9 June 2023

    We've just seen these photos, contained in the indictment, which prosecutors say is where former US President Donald Trump stored boxes of documents around his Mar-a-Lago home in Florida.

    Take a look:

    Boxes stored in a roomImage source, DOJ
    Dozens of boxes stored in rowsImage source, DOJ
    Rows of boxes stored on a stage in a grand roomImage source, DOJ
    Documents spilling out of a box and across a floor on the left, and dozens of boxes stacked on top of each other on the rightImage source, DOJ
  19. Analysis

    Trump innocent until proven guilty - but the irony's unmissablepublished at 19:50 British Summer Time 9 June 2023

    Katty Kay
    US special correspondent

    Donald Trump's 2016 campaign attack on Hillary Clinton helped win him the White House.Image source, Reuters
    Image caption,

    Trump's 2016 campaign attack on Clinton over her emails helped win him the White House

    Donald Trump believes America needs "the best protection of classified documents," and that anyone who mishandles classified documents should be disqualified from running for the presidency.

    At least, that's what he said in 2016.

    At the time, he was running against Hillary Clinton, who was found to have kept emails from her time as secretary of state on a private server.

    Indeed, a central platform of Trump's first run for the presidency was that Clinton should be tried and convicted for abusing the sanctity of classified material.

    That premise led to the famous chant of "lock her up" that rang through the crowds at every one of his campaign rallies.

    Under US law, Trump is deemed innocent until proven guilty, but the irony is unmissable.

  20. Key dates from the indictmentpublished at 19:42 British Summer Time 9 June 2023

    Let's have a closer look at the timeline, as outlined in the indictment:

    • 20 January 2021 - August 2022: From when Donald Trump ceased to be president to mid-2022, he is accused of storing classified documents at various locations in his Mar-a-Lago Club
    • July and September 2021: Trump is accused of showing other people classified documents on two occasions
    • 18 January 2022: Just over a year after Trump leaves the Oval Office, his team provides 15 boxes, containing 197 classified documents, to the National Archives and Records Administration
    • 30 March 2022: The FBI opens a criminal investigation
    • 3 June 2022: Trump's attorney provides 38 more documents in response to a grand jury subpoena
    • 8 August 2022: The FBI recovers 102 more classified documents from Trump's Mar-a-Lago club