Can we draw parallels between Trump and Johnson?published at 17:39 British Summer Time 13 June 2023

17:39 BST 13 June 2023

Sarah Smith
North America editor

Image source, European Pressphoto Agency

Robert from France says: Trump's protestations of "witch hunt" and "political malice" are strongly echoed in former UK Prime Minister Boris Johnson’s self-defence. Are they using the same script?

Boris Johnson hates comparisons with Donald Trump.

But he did use similar vocabulary when he resigned from the House of Commons on the same day that Trump was indicted last Friday.

Trump and his supporters do use more incendiary language than Johnson when talking about a violent response to the charges against the former president.

And Johnson does not have such a devoted following among voters.

People have promised to protest the proceedings against Trump, some of whom claim they will take up arms to defend him.

After court, Trump flies to New Jerseypublished at 17:33 British Summer Time 13 June 2023

17:33 BST 13 June 2023

Nomia Iqbal
Reporting from Miami, Florida

Sara asks: Why is Trump going back to New Jersey tonight if he lives in Florida?

Donald Trump's Mar-a-Lago beach resort is just north of Miami, so why will he be flying back to New Jersey after appearing in court today?

The answer is a simple one. As humidity and hurricane season hits Florida, Mar-a-Lago closes for the summer. Today, the former president will fly back to his golf resort, Bedminster, in New Jersey.

He will deliver remarks from Bedminster around 08:15 EST (14:15 BST) - he is using this indictment to fund raise for his presidential campaign.

It is worth pointing out that in the 49-page indictment the word “Bedminster” is found six times.

Trump is alleged to have taken boxes of documents from his main home in Mar-a-Lago to Bedminster in May 2021. It’s practically his second home.

Also, Trump turns 77 tomorrow. He may have birthday plans in Bedminster.

Will Republicans still support Trump?published at 17:22 British Summer Time 13 June 2023

17:22 BST 13 June 2023

Sam Cabral
US reporter

Image source, Getty Images

Karthikeyan from India asks: Donald Trump's public support is the major source of his strength right now. If convicted, will people still support him?

Based on aggregates of national opinion polls, external for the 2024 Republican primary election, Trump currently commands more than 50% support among Republican primary voters, with Florida Governor Ron DeSantis in a very distant second place with just over 20% and everybody else in single digits.

Incidentally, after his first indictment in April on state charges in New York related to the Stormy Daniels affair, his polling lead nearly doubled as voters rallied behind him.

Some Republicans have urged him to drop out of the presidential race, arguing that his mounting legal troubles are both a disqualifier and a distraction, but Trump has vowed to "never leave" the race.

His strength in the polls suggests that Republicans are looking for a brawler in the White House and they don't believe anybody brawls like Trump can.

General election polls, external, however, are a lot closer, suggesting that Trump is neck-and-neck with President Joe Biden, the presumptive Democratic nominee who beat him in 2020.

And the Trump fatigue is real - less than 40% of American voters, external have a favourable opinion of the former president.

If he's convicted and goes to jail, however, that could be a different story. But we're a long way from that.

Do Trump's election claims hold up?published at 17:11 British Summer Time 13 June 2023

17:11 BST 13 June 2023

Sarah Smith
North America editor

Image source, Reuters

Peter from Switzerland queries whether there is any truth at all in Donald Trump's claims of election interference.

Donald Trump claims the charges against him is “election interference at the highest level” whilst denouncing the Biden administration as “the most corrupt in history”.

The implication is that charges have been brought against him specifically to derail his chance of winning the 2024 presidential election.

Anticipating these kind of accusations, the administration had already taken steps to try to make sure the process of investigating and prosecuting Trump was as non-political as possible.

Appointing an independent special counsel, Jack Smith, to oversee the case was the first step. This took the case away from being handled by the attorney general Merrick Garland, who was appointed by Joe Biden.

Trump and his supporters argue that there is evidence of how he is being targeted because Hillary Clinton was not indicted for keeping classified documents on a private email server. They also point out that neither Joe Biden or Mike Pence are facing charges after sensitive documents were found to be in their private possession.

One key difference in these cases is that Biden and Pence immediately returned the documents, while Trump is charged with attempting to hold onto his and obstruct efforts to have them returned.

So why the Espionage Act?published at 16:53 British Summer Time 13 June 2023

16:53 BST 13 June 2023

Anthony Zurcher
North America correspondent

I have a similar question here, Nomia. One reader from Minnesota asks whether Trump is being charged with espionage and what exactly the Espionage Act is.

So as Nomia just said, Trump is being charged with violating the Espionage Act, but he is not being accused of espionage.

The indictment says he may have recklessly handled classified material, including showing sensitive maps of one country (thought to be Afghanistan) and US invasion plans for another (believed to be Iran) to visitors to his New Jersey golf club. But the charges do not accuse him of anything akin to spying or sharing secrets with a foreign power.

The 1917 Espionage Act governs the handling of classified material. It includes penalties for spying, but it also has been used to prosecute those who leak national security documents and others who simply mishandle sensitive national defence information.

In Trump’s case, he’s accused of 31 counts of “unauthorised retention of national security documents,” which is also covered in the Espionage Act.

Each count has a maximum sentence of 10 years in prison and a maximum fine of $250,000.

The charges against Trumppublished at 16:37 British Summer Time 13 June 2023

16:37 BST 13 June 2023

Nomia Iqbal
Reporting from Miami, Florida

Image source, Justice Department via Reuters

James from the UK asks: It would appear on the surface that to have taken so much nuclear and military material was intentional. Could it be classified as spying? Will Trump plead guilty?

Well, James, the spying bit is slightly misleading. He’s been charged with crimes relating to a 1917 law called the Espionage Act and so it’s easy to see the confusion.

But not all of the crimes enacted by the act involve espionage, and the ones Trump is charged under are not what you may think of as actual spying.

Basically, he runs afoul of a part of the act which involves “the wilful retention of national defence information". That relates to his possession and storage of federal documents - many of which were classified - and his refusal to hand them over.

There’s no evidence in the indictment that Trump did anything nefarious and damaged the national interest. But it does accuse him of giving out information to those not cleared to see it.

Trump has no intention to plead guilty. He’s made that clear and his lawyer has dismissed it all by saying he took the classified nuclear documents as "mementos".

Who will decide Trump's fate?published at 16:26 British Summer Time 13 June 2023

16:26 BST 13 June 2023

Sam Cabral
US reporter

Steve from the UK asks whether this case is being judged by a jury or just a judge.

When this case goes to trial, Donald Trump's legal fate will be in the hands of a 12-person jury panel.

In order to convict in federal criminal trials, all 12 jurors must unanimously agree that prosecutors have proved the elements of a crime beyond a reasonable doubt.

If no consensus is reached, that is referred to as a "hung jury" and a mistrial is typically declared, with the option for prosecutors to seek a new trial.

The initial part of this case is being handled by Judge Aileen Cannon, a Trump appointee to the federal bench.

Cannon will not preside over today's hearing but she is expected to wield considerable authority over the proceedings, from the timeline for a trial to the evidence that is admitted.

When will the trial happen?published at 16:18 British Summer Time 13 June 2023

16:18 BST 13 June 2023

Anthony Zurcher
North America correspondent

Image source, Reuters

Question from Kai in the US: What are the possible timelines for a trial and/or conviction? Would the court have to take in to account debates and other election dates?

Hi Kai, thanks for the question.

The presiding judge, Aileen Cannon, can take into account whatever she wants when setting the trial schedule. And it wouldn’t be a shock if Trump’s lawyers ask her to accommodate the former president’s campaign schedule.

As for a timeline, that depends on the pretrial motions the judge entertains. Trump’s lawyers will probably ask for the case to be dismissed immediately. They may also try to exclude certain evidence from trial.

There could also be extended legal wrangling over how sensitive national security material is presented to a jury.

The trial may not begin until close to next year’s presidential election – or even after it. And once it starts, prosecutors have estimated that the trial will take 21 days. In other words, this could be a long, drawn-out process.

Why is Trump in trouble now?published at 16:11 British Summer Time 13 June 2023

16:11 BST 13 June 2023

Anthony Zurcher
North America correspondent

George from the UK asks: When Trump was president he was entrusted with a great many state secrets and had access to many classified documents. So what has changed? Why is he in trouble now?

What’s changed? Donald Trump isn’t president anymore.

When he was in office, he had the highest level of access to government secrets just by the nature of his position. He even had the authority to declassify any document he wanted, whenever he wanted.

All that changed at noon on 20 January 2021, when Joe Biden was sworn into office and Trump once again became a private citizen. At that point, all his presidential documents became the property of the National Archives.

Trump is in trouble because he took some of these presidential documents – including classified material - with him to his Mar-a-Lago home in Florida.

When the National Archives requested that he return them and the FBI followed up with a subpoena, he failed to fully comply, as the August 2022 FBI search of Mar-a-Lago made clear.

What’s more, the former president allegedly lied to investigators and obstructed the attempts to recover those documents, some of which contain US nuclear secrets, sensitive maps, US retaliatory battle plans and the military weaknesses of the US and allies.

Will Trump face Republican backlash?published at 15:57 British Summer Time 13 June 2023

15:57 BST 13 June 2023

Sarah Smith
North America editor

Image source, Reuters

One of our Americast listeners asked: How likely is Trump to face a Republican backlash from this indictment?

So far, Donald Trump has faced very little criticism from fellow Republicans.

Even Trump's rivals who are standing against him for the presidential nomination don’t dare attack him over his indictment because they fear a backlash from his loyal supporters.

Many of them are repeating his claims that he is the victim of a dark political plot aimed at preventing him from returning to the White House. We don’t yet know if this situation will persist all the way until the elections next year.

We saw Trump rise in the polls after he appeared in court in New York in April, for his other indictment. But this is a more serious case and there's a chance that voters view it differently.

Political pundits and pollsters in the US believe that whilst this indictment may not dent Trump’s support among the Republicans he needs to win the nomination, it will be a different story when it comes to swing voters in the general election.

Could Trump go to prison?published at 15:54 British Summer Time 13 June 2023

15:54 BST 13 June 2023

Bernd Debusmann Jr
US reporter

Okay, let's start with the big question that multiple people submitted: Could Donald Trump go to prison?

The simple answer is yes. If Trump is found guilty, he could end up in prison. Here’s a breakdown of the maximum sentences for each charge in the former president’s 37-count indictment:

• The charges include 31 counts of wilful retention of national defence information under the Espionage Act. These carry a maximum term of imprisonment of 10 years, according to the indictment
• Four other counts, related to conspiracy and withholding or concealing documents, each carry maximum sentences of 20 years
• The final two counts - scheme to conceal, and false statements and representations - carry sentences of five years each

"These charges are extremely serious," Carl Tobias, a law professor at the University of Richmond in Virginia, told the BBC.

"There's an unbelievable amount of detail there, and much of it is very damning."

However, a conviction must come first.

You can read more here.

Your Questions Answeredpublished at 15:40 British Summer Time 13 June 2023

15:40 BST 13 June 2023

You've submitted questions, now we're going to answer them.

The hosts of Americast and our US reporters are here to answer questions you sent in about Trump's court appearance.

Welcome Anthony Zurcher, Sarah Smith, Nomia Iqbal, Bernd Debusmann Jr and Sam Cabral to the page.

You can listen to Americast, the BBC’s podcast about US politics and culture, on BBC Sounds or wherever you get your podcasts.

Hosts Anthony and Sarah will be on Americast later tonight talking about Trump’s indictment and his day in court.

You can submit more questions to the podcast by emailing americast@bbc.co.uk.

Image source, Reuters

Donald Trump has posted on social media for the first time today ahead of his appearance in court later.

The former president was responding to a question on Truth Social about Special Counsel Jack Smith, who is the indictment's lead investigator.

Trump describes Smith as a "Trump hater".

He accuses the lead investigator's friends and family of planting information and of tainting everything they touch.

When Smith introduced the 37 charges against the former president last week, he said he wants a speedy trial and reminded the public that Trump is innocent until proven guilty.

Nomia Iqbal
Reporting from Miami, Florida

Entrepreneur Dwight Cologne is a bit torn following the latest indictment of Donald Trump.

“It's like, I love him, and then I hate him!" he says.

"Look, I'm a businessman, he is one too. I made a lot of money under Trump.”

He doesn’t believe Trump’s keeping of classified documents was for nefarious reasons - and there's no evidence of that either - but wants him to face the courts.

“In my heart I hope he did nothing wrong. But if he did, he will be locked up. That's the thing about the US, you know, we're not playing no games.”

For Fernando Gomez there’s no nuance. He believes Trump is being persecuted and it's straight up biblical.

“For me Trump is sent by God. He’s like Moses.”

Madeline Halpert
Reporting from court in Miami

We’re standing in line behind about a hundred people waiting to go into the courthouse.

The line is mostly members of the media, with some Trump supporters. Some people even waited in line overnight.

We’re not allowed to bring our phones or laptops inside the courthouse so you probably won’t hear from us again until after Trump makes his appearance.

The judge has ruled that there will be no livestream of Trump's court appearance so we'll be writing notes with pen and paper and running updates outside court as quickly as possible once the former president enters a plea.

Image source, Getty Images

Donald Trump says he plans to plead not guilty to the 37 criminal counts against him that will be heard in a Miami courtroom later today.

Speaking with Boston radio host Howie Carr on the eve of his court appearance, the former president reiterated his belief that he "did nothing wrong".

“Honestly, it’s a disgrace to our country,” Trump said of the federal indictment. “The whole world is laughing.”

He urged his supporters to "stay very, very strong".

Alexandra Ostasiewicz
Reporting from outside the courthouse

Back at the Wilkie D Ferguson courthouse, Gregg Donovan was out in front of the building before the sun was up in Miami.

"I flew from California yesterday at 4pm and I'm here for the long haul," he told me.

He's met the former president before and wanted to show his support for him today.

"I'm here for peaceful protesting. I don't want it to be like it was in DC," he said, referring to the Capitol riot on 6 January. He even created a sign with some hopeful thinking.

His ideal Republican ticket for the 2024 election? "Trump-DeSantis. With Arnold Schwarzenegger as secretary of state."

Bernd Debusmann Jr
US reporter

Image source, Reuters

Donald Trump has reacted angrily to the indictment, calling it a politically-motivated "scam".

He has also claimed he "had nothing to hide" and supplied the documents "openly".

In a series of Truth Social posts, including a direct-to-camera video, the ex-president repeatedly said he was innocent and characterised the indictment as "political warfare" against him before the 2024 election.

He has used a variety of arguments to defend his handling of the documents, including that he declassified the documents before they were discovered. But there is no evidence that Trump did so or followed any existing procedure.

Trump has also argued that some of the documents were personal and protected by so-called "executive privilege”. This would mean that there was no requirement to turn them over to the Archives when he left office - an argument that has been dismissed by several legal experts.

A key element of the case - and one that could sink him - is an audio recording in which Trump reportedly says he knowingly kept documents and acknowledges that he was limited in his ability to declassify them.

Alexandra Ostasiewicz
Reporting from outside the courthouse

There are some chickens hanging around outside the courthouse.

We can hear them heralding in the start of a historic day.

Gareth Evans
BBC News

Image source, Reuters

Donald Trump is facing charges in two separate criminal investigations.

Last month, he was also ordered to pay $5m (£3.98m) to a writer after being found liable for sexual abuse.

Meanwhile, prosecutors in Georgia have been investigating whether Trump and his allies acted illegally to try and overturn his narrow loss in the state in the 2020 election.

It is not known whether the former president is being directly investigated, but charges are expected to be disclosed some time this summer.

The US Department of Justice has been running a criminal investigation into the January 2021 attack on the US Capitol and broader efforts to overturn the election.

The effort has been largely shrouded in secrecy but is now the largest police investigation in US history. However the extent to which Trump is a target in the probe is not known.

• How serious are the legal risks ahead for Trump? Read more here.