>>> GOOD MORNING. THANK YOU FOR JOINING US AS WE BEGIN THIS MORNING, COVERING THE HISTORIC FEDERAL INDICTMENT OF FORMER PRESIDENT DONALD J TRUMP. THE SEVEN COUNTS AGAINST TRUMP STEM FROM THE INVESTIGATION INTO HOW HE HANDLED CLASSIFIED DOCUMENTS AFTER LEAVING THE WHITE HOUSE. THIS IS AN UNPRECEDENTED MOVE BECAUSE, IT'S THE FIRST TIME THE JUSTICE DEPARTMENT HAS EVER BROUGHT FEDERAL CHARGES AGAINST A FORMER PRESIDENT. TRUMP RELEASED A VIDEO LAST NIGHT DEFENDING HIMSELF. HERE'S WHAT HE SAID. >> WE HAVE SUCH BIG PROBLEMS AND THEY SHOULDN'T BE ONE OF THEM, IT'S A HOAX, THE WHOLE THING IS A HOAX. I'M AN INNOCENT MAN, WE WILL PROVED THAT AGAIN. SEVEN YEARS APPROVING IT, AND HERE WE GO AGAIN. >> SOURCES CONFIRM TO CBS NEWS THAT TRUMP IS SCHEDULED TO BE ARRAIGNED TUESDAY AT THE FEDERAL COURTHOUSE IN MIAMI. WE HAVE TEAM COVERAGE OF THIS MAJOR STORY STARTING WITH CATHERINE HERRIDGE, GOOD MORNING. >> GOOD MORNING. MORE THAN 150 YEAR HISTORY, THE JUSTICE DEPARTMENT HAS NEVER BEEN HERE BEFORE. THE FEDERAL INDICTMENT OF THE FORMER PRESIDENT, WHO'S THE FRONT RUNNER FOR HIS PARTY'S NOMINATION AND AND HE HAS TRIED IN THE PAST, TRUMP TRIED TO SET THE NARRATIVE OUT FRONT. >> I'M AN INNOCENT MAN. I DID NOTHING WRONG. >> WITHIN MINUTES OF ANNOUNCING HIS OWN INDICTMENT ON SOCIAL MEDIA, FORMER PRESIDENT TRUMP DECLARED HIS INNOCENCE, AND BLAMED DEMOCRATS FOR THE SPECIAL COUNSEL'S MOVE. >> THEY FIGURE THE WAY THEY'RE GOING TO STOP US IS WHAT'S BY WARFARE, THIS IS WORTH THERE FOR THE LAW. >> TRUMP'S ATTORNEY SAID THE SEVEN COUNTS INCLUDE UNLAWFUL DETENTION OF INFORMATION, OBSTRUCTION, CONSPIRACY AND FALSE STATEMENTS. IT GREW OUT OF THE NEARLY YEAR- LONG PROBE INTO TRUMP'S HANDLING OF DOCUMENTS MARKED CLASSIFIED. THE FBI SEARCHED TRUMP'S MAR-A- LAGO ESTATE. IN TOTAL, MORE THAN 300 RECORDS INCLUDING SOME MARKED TOP- SECRET HAVE BEEN RECOVERED. TRUMP'S ATTORNEYS MET WITH OFFICIALS EARLIER THIS WEEK, DAYS AFTER CBS NEWS CONFIRMED INVESTIGATORS OBTAINED AN AUDIO RECORDING IN WHICH THE FORMER PRESIDENT ACKNOWLEDGES HE HELD ONTO A SENSITIVE PENTAGON MEMO ABOUT IRAN AFTER LEAVING THE WHITE HOUSE. THROUGHOUT THE INVESTIGATION THE FORMER PRESIDENT HAS MAINTAINED HE DID NOTHING WRONG. AND HE CLAIMED HE DECLASSIFIED THE SENSITIVE MATERIALS WHEN HE LEFT THE WHITE HOUSE. >> I TOOK THE DOCUMENTS, I'M ALLOWED TO. >> HE ALSO TOOK AIM AT THE BIDEN ADMINISTRATION, ACCUSING IT OF WEAPON ICING THE JUSTICE DEPARTMENT. >> I HAVE NEVER ONCE, NOT ONE SINGLE TIME, SUGGESTED TO THE DEPARTMENT IF THEY SHOULD BRING A CHARGE. >> LATER TODAY THE SECRET SERVICE AND TRUMP STAFF WILL MEET TO DEVELOP A THREAT ASSESSMENT AND A SECURITY PLAN FOR TUESDAY'S ARRAIGNMENT IN MIAMI. >> CATHERINE, WE PLAYED A LITTLE BIT OF THIS VIDEO ON TRUTH SOCIAL, THAT HE POSTED, AND HE OUTED HIMSELF, THAT'S HOW WE FOUND OUT HE WAS INDICTED. WHAT ELSE DID YOU SAY THE VIDEO? >> FORMER PRESIDENT MAKES THE CASE IN THIS EXTENDED VIDEO THAT HE'S INNOCENT AND CAUSES A WEAPONIZATION OF THE JUSTICE DEPARTMENT. HE SAID IT'S WARFARE BUT USING THE LAW, SO THAT'S WARFARE OR LOFT THERE, IF YOU DO AND HE CALLS IT A HOAX AND REFERS DIRECTLY TO ROBERT MUELLER AND THE INVESTIGATION INTO RUSSIAN COLLUSION, THAT WAS THE CASE IN WHICH NO CHARGES WERE MADE. >> IN REGARDS TO HOW THE THINGS WILL PROCEED. WHAT'S A POTENTIAL TIMELINE FOR THE INDICTMENT TO BE UNSEALED? >> WE'VE NEVER BEEN HERE BEFORE. WHAT WOULD BE STANDARD PRACTICE IS THAT THE PROSECUTORS COULD ASK THE JUDGE TO UNSEAL THE INDICTMENT THAT CONTAINS THESE SEVEN CHARGES. IT'S NOT CLEAR TO US IF THEY'VE DONE THAT OR WHETHER THEY WILL WAIT TILL NEXT TUESDAY, WHEN THE ARRAIGNMENT IS UPON US, ALLOWING THEM TO MAINTAIN AN ELEMENT OF SURPRISE BUT I WOULD BE ON INDICTMENT WASH OVER THE NEXT 72 HOURS TO SEE IF IT IS RELEASED AND WE COULD INDEPENDENTLY ANALYZE THE CHARGES AND EVIDENCE. >> THIS IS NOT THE ONLY LEGAL BATTLE THAT HE'S GOING TO BE DEALING WITH. THERE ARE A COUPLE OF CASES HERE IN NEW YORK OF COURSE GEORGIA, THAT ARE INVESTIGATING HIS ATTEMPT TO CHANGE THE OUTCOME OF THE ELECTION. YOU KNOW, NONE OF THEM HAVE TO DO WITH CLASSIFIED DOCUMENTS, BUT COULD THE IMPACT OF THIS INDICTMENT HAVE ANY SORT OF IMPACT ON THE OTHER INVESTIGATIONS? >> I THINK IT HAS AN IMPACT OF THE LARGER PICTURE OF THE FORMER PRESIDENT LEGAL PROBLEMS. THIS IS THE MOST SERIOUS LEGAL EXPOSURE THAT HE FACES BECAUSE THESE ARE CRIMINAL CHARGES THAT HAVE TO DO WITH THE STEWARDSHIP OF NATIONAL SECURITY. AND HE'S PROMOTING HIMSELF AS SOMEONE WHO HAS THE SKILL SET AND THE TRUST TO BE A PRESIDENT OF THE UNITED STATES FOR A SECOND TERM. SO THAT UNDERMINES ONE OF HIS CENTRAL ARGUMENTS, AND IT CREATES MORE TROUBLE FOR HIM TO DEFEND HIMSELF. >> WE WILL TALK ABOUT SOMETHING THAT CATHERINE BROUGHT UP. OFFICIALS ARE MEETING WITH STAFF AND SECURITY OFFICERS TODAY TO COME UP WITH A PLAN FOR HIS COURT APPEARANCE ON TUESDAY. THIS HAS NEVER HAPPENED BEFORE, THERE MAKING UP A PLAN. >> THAT'S RIGHT, WE KNOW THEY ARE MEETING, WE WOULD THEY NOT KNOW THE DETAILS OF THE SECURITY PLAN BECAUSE TYPICALLY THEY WILL KEEP THOSE CLOSE TO THE VEST AND ALTHOUGH THIS IS UNPRECEDENTED, A PRESIDENT BEING INDICTED FORMER PRESIDENT BEING INDICTED WITH CHARGES, WE HAVE A SIMILAR CIRCUMSTANCE TO LOOK BACK ON AND THAT'S WHEN HE FACED AN ARRAIGNMENT IN MANHATTAN. A LOT OF MEDIA ATTENTION, PROTESTERS IN A DENSELY POPULATED PART OF THE CITY. THIS IS ALSO A DENSELY POPULATED PART OF MIAMI. A LOT OF LOGISTICAL CHALLENGES WILL HAVE TO BE LOOKED AT, AS THEY PREPARE FOR THAT ARRAIGNMENT ON TUESDAY. AND WE DON'T KNOW WHERE THE PRESIDENT WOLD BE COMING FROM. IN MANHATTAN HE HAD THE APARTMENT WHERE HE WAS ABLE TO GO A FEW MILES DOWN TO THE COURTHOUSE. HIS RESIDENCE HERE IS MAR-A- LAGO WHICH IS ABOUT AN HOUR AND A HALF NORTH OF WHERE WE ARE IN DOWNTOWN MIAMI. SO A LOT OF DETAILS BEING IRONED OUT. >> WHEN HE WENT TO COURT IN MANHATTAN, THEY'RE ALL THESE QUESTIONS ABOUT WHERE EXACTLY THE SECRET SERVICE WAS GOING TO BE ABLE TO GO. WITH OTHER PEOPLE WHO ARE DEFENDANTS, THEY DON'T GET TO BRING THEIR PERSONAL SECURITY INTO CERTAIN AREAS OF THE COURTHOUSE. SO, COULD YOU TAKE US THROUGH WHAT WE CAN EXPECT IN TERMS OF SECURITY? >> I CAN TELL YOU THIS FEDERAL COURTHOUSE IS TYPICALLY BEEFED UP ON A NORMAL DAY. I'VE COVERED CASES WHERE YOU COULDN'T EVEN BRING IN A PHONE. SO THAT LAYER OF SECURITY WILL BE THERE, PLUS ANOTHER ADDED LAYER OF SECURITY. AND YOU HAVE THE SECRET SERVICE THERE WITH A FORMER PRESIDENT. UNLIKE THE MANHATTAN APPEARANCE, TYPICALLY FEDERAL COURTHOUSE DO NOT ALLOW CAMERAS IN. SO IN MANHATTAN YOU HAVE THE SHOT OF HIM WALKING THROUGH THE HALLWAY INTO THE COURTROOM. THAT MAY NOT HAPPEN IN THIS CASE. ALL OF THIS IS UP TO THE DISCRETION OF FEDERAL JUDGES BUT TYPICALLY, THEY SHY AWAY FROM ANY CAMERAS INSIDE. YOU MAJOR SEE HIM GOING IN AND OUT. >> I KNOW IT'S EARLY ON, SO WE MAY BE DON'T HAVE PROTOCOL HERE BUT YOU KNOW, USUALLY WHEN THERE'S A LOT OF INTEREST IN A CASE, THERE ARE LINEUPS OUTSIDE COURTROOMS WITH PEOPLE GETTING UP GOOD AND EARLY TO SEE IF THEY CAN GET A GOOD PLACE IN THERE, MEDIA AND OTHERS. HAVE WE BEEN GIVEN ANY INSTRUCTIONS ON HOW THAT WILL UNFOLD? >> TYPICALLY, THE MEDIA, WE WILL GET A SENSE EARLY ON OF WHERE YOU NEED TO SIGN UP OR LINEUP IN ORDER TO GET IN. AS FAR AS I KNOW, THOSE INSTRUCTIONS HAVE NOT BEEN PUT OUT YET. SO ALL OF THIS IS STILL FRESH AND WE WILL HAVE TO WAIT AND SEE BUT OF COURSE, THERE'S ALWAYS A POSSIBILITY AND THE LIKELIHOOD THAT THERE WILL BE PROTESTERS AND MEMBERS OF THE PUBLIC WERE TRYING TO GET AN EYE ON THIS. SO THERE WILL HAVE TO BE A LOT OF PEOPLE CONTROL HAPPENING OUT HERE AS THE TUESDAY ARRAIGNMENT IS SET TO HAPPEN. >>> SO MORE ANALYSIS LEGAL ANALYST RICKY CLEVELAND. IT'S GOOD TO SEE YOU. I DON'T THINK I SAT DOWN NEXT TO YOU SINCE BEFORE THE PANDEMIC. SO IT'S GOOD TO HAVE YOU HERE. WHEN WE KNEW AND INDICTMENT WAS EMINENT, THERE WAS ALL THIS TALK, IS IT GOING TO HAPPEN IN D.C. OR FLORIDA. FLORIDA IS WHERE THE CLASSIFIED DOCUMENTS WERE, SO THAT'S WHERE THE CRIME TOOK PLACE, IF YOU WILL. EXPLAIN THE SIGNIFICANCE OF IT HAPPENING IN FLORIDA. >> I THINK IT IS SIGNIFICANT ON A NUMBER OF LEVELS. FIRST OF ALL, STRATEGICALLY, IT'S A SMART DECISION ON THE PART OF THE SPECIAL PROSECUTOR. AND THAT IS BECAUSE, WHAT IT DOES, IS THE SPECIAL PROSECUTOR ACCORDING TO THE DEFENSE, WOULD BE LOOKING FOR A MORE FAVORABLE JURY POOL WHEREAS, WHERE DID ALL OF THIS HAPPEN? THE DOCUMENTS WERE STORED AT MAR-A-LAGO. THE SEARCH WARRANT WAS ISSUED AT MAR-A-LAGO. THE DOCUMENTS WERE RETRIEVED FROM MAR-A-LAGO, AND THE OBSTRUCTION, SHOULD IT BE PROVEN, HAPPENED AT MAR-A-LAGO. THE ONLY THING THAT'S IN WASHINGTON, D.C., IS THE NATIONAL ARCHIVES. NOW, IT DOESN'T MEAN YOU COULD NOT HAVE BROUGHT IT IN D.C. THERE COULD BE OTHER CHARGES THAT ARE BROUGHT IN D.C. BUT AT THE MOMENT, WHAT WE SEE, AND CERTAINLY LOOKS LIKE THIS IS PRETTY COMPLETE, IS HAPPENING IN FLORIDA. AND THAT TAKES AWAY A MOTION TO DISMISS, TAKES AWAY ISSUES OF PROSECUTORIAL MISCONDUCT ABOUT THE CHOICE OF VENUE. VERY SMART MOVE. >> PEOPLE ARE GOING TO SEE DONALD TRUMP INDICTED IN A INVESTIGATION FOR CLASSIFIED DOCUMENTS AND THEY WILL SAY JOE BIDEN HAD DOCUMENTS, THE FORMER VICE PRESIDENT, MIKE PENCE DID. CAN YOU TALK ABOUT HOW THIS IS DIFFERENT THAN WHAT WE SAW IN THE OTHER CASE >> DONALD TRUMP PUT HIMSELF IN THIS POSITION. THE DILEMMA WAS CREATED BY HIM. MIKE PENCE, JOE BIDEN, BOTH SAID, COME SEARCH. MY DOOR IS OPEN TO YOU. WHATEVER YOU NEED TO SEARCH, BE MY GUEST. BECAUSE, APPARENTLY, THE PROTOCOLS AND PROCEDURES ABOUT LEAVING THE GOVERNMENT AND WHAT DOCUMENTS YOU TAKE OR WHAT YOU SIMPLY PACK UP, THERE'S JUST NOT SUFFICIENT PROTOCOLS TO ENSURE THAT DOCUMENTS, WHICH SHOULD BELONG TO THE NATIONAL ARCHIVES OR MIGHT BE CLASSIFIED OR MIGHT BE SECRET, THERE ARE NOT ENOUGH PROTOCOLS IN PLACE. SO IF YOU ARE NEGLIGENT, AND YOU WIND UP WITH THINGS BY MISTAKE BUT YOU OPEN YOUR DOOR, THEN THAT'S NOT A CRIME WHERE YOU HIT A LEVEL OF INTENTIONAL MISCONDUCT. HERE, DONALD TRUMP, MANY REQUESTS WERE MADE OF HIM TO GET THESE DOCUMENTS AND THEN YOU FOLD AROUND WITH THE REQUESTS, HE DID NOT REPORT COMPLY, AT LEAST, NOT TOTALLY, THEN THERE WAS A GRAND JURY SUBPOEN, AND ON AND ON IT GOES, UNTIL FINALLY, THE NATIONAL ARCHIVES, THE DEPARTMENT OF JUSTICE SAID, WE'VE GOT TO EXECUTE A SEARCH WARRANT. SO WHY HE HELD ONTO THESE DOCUMENTS, IS REALLY A MYSTERY. THE MOTIVE HOLDING ONTO THEM, IS NOT ONLY UNCLEAR, IT MAKES NO SENSE. >> AND IT'S ALSO TO THE NATURE OF THE DOCUMENTS. AS WE'VE LEARNED, THERE ARE ALL KINDS OF CLASSIFICATIONS, AND THEY ARE NOT ALWAYS, YOU KNOW, IT CAN RANGE FROM A SHOPPING LIST, BUT IT'S ABOUT THESE PARTICULAR DOCUMENTS HAVING TO DEAL WITH NATIONAL DEFENSE AND NATIONAL SECURITY. >> THE ESPIONAGE ACT, HAVING TO DO WITH A CASE LIKE THIS, HAS TO DO WITH THE RETENTION OF DOCUMENTS THAT ARE INVOLVED IN THE NATIONAL DEFENSE, THAT THEY WOULD HURT THE UNITED STATES, IF DISCLOSED OR DISSEMINATED OR AID IN EMINENT ENEMY. THAT'S AS SERIOUS AS IT GETS. SO, DONALD TRUMP DID SOMETHING THAT WE'VE SEEN HIM DO BEFORE. HE GOT AHEAD OF THE OFFICIAL ANNOUNCEMENT AND TOOK TO SOCIAL MEDIA TO LET EVERYONE KNOW THAT HE WAS BEING INDICTED AND HE USED DIFFERENT PHRASES FOR BEING INDICTED, SO, I'M CURIOUS, FROM AN ATTORNEY'S POINT OF VIEW, YOUR TAKE ON THIS, BRINGING IT OUT, THE COURT OF PUBLIC OPINION WILL PROBABLY NOT HAVE MUCH SWAY BUT WHAT IS YOUR TAKE ON THE STRATEGY? >> THE DIFFICULTY ALWAYS WITH POLITICIANS WHETHER IT'S DONALD TRUMP OR OTHERS, IS THAT IF THERE ARE QUESTIONS OF LIABILITY OR CULPABILITY, THAT YOU HAVE ONE AUDIENCE WHICH IS THE PUBLIC, BECAUSE IN THIS CASE, YOU ARE RUNNING FOR OFFICE, LET ALONE, TRYING TO DEFEND YOUR OWN REPUTATION. BUT THEN YOU HAVE THE REALITY OF THE ONLY AUDIENCE YOU SHOULD BE CONCERNED ABOUT, WHICH IS ULTIMATELY, A JUDGE AND A JURY. SO HERE, I DO NOT KNOW WHAT HIS LAWYERS SAID TO HIM, IF ANYTHING, ABOUT FINDING OUT ABOUT THE INDICTMENT, BUT EVEN IF HIS LAWYERS TOLD HIM NOT TO GO TO SOCIAL MEDIA. IF IT WAS HIS DECISION OR IF HIS LAWYERS TOLD HIM IT WAS OKAY, FROM A LEGAL POINT OF VIEW, IT'S NOT OKAY. BECAUSE, WHAT HE WINDS UP DOING, CONTINUOUSLY, IS TALKING, AND IT'S HIS TALKING, THAT GETS HIM INTO THE MOST TROUBLE. YOU KNOW, ONE OF THE THINGS ABOUT THE ESPIONAGE ACT, THE MOST DIFFICULT QUESTION, WE'VE HEARD IT TALKED ABOUT FOR OVER A YEAR IS HOW DO YOU SHOW THE GROSS NEGLIGENCE OR INTENTIONAL CONDUCT? WELL HE HAS EXPLAINED THAT WHAT HE DID WAS WILLFUL AND HE SAID HE COULD TAKE THESE DOCUMENTS, AND HE COULD DECLASSIFY THEM BECAUSE HE WAS PRESIDENT OF THE UNITED STATES, IN FACT THERE WAS A TIME THAT HE SAID HE COULD JUST THINK ABOUT THE CLASSIFYING THEM OR AS I CALL IT THE TELEPATHY DEFENSE. BUT THE REALITY IS THAT YOU CANNOT DO THIS UNDER THE ESPIONAGE ACT. IT'S NO
