A federal indictment against ex-President Donald Trump has been unsealed (Pictures: AP)

Former President Donald Trump has been charged in a 38-count indictment that has been unsealed in a federal probe on his handling of classified documents.

Prosecutors on Friday afternoon unsealed the indictment with charges against Trump and his associate Walt Nauta. It includes 38 criminal counts as well as 31 separate counts of willfully retaining national defense information under the Espionage Act.

The charges include conspiracy to obstruct justice and a scheme to conceal, the indictment shows.

Trump stored the boxes of classified documents across his Mar-a-Lago residence including a bathroom, a shower, a ballroom, his office and his bedroom, according to the indictment. His lawyers had told investigators that they were contained only in a storage room.

The indictment states that Trump also told his attorneys: ‘Wouldn’t it be better if we just told them we don’t have anything here? Well look, isn’t it better if there are no documents?’

According to the indictment, Trump also told his lawyers, “wouldn’t it be better if we just told them we don’t have anything here?” He added, “Well look, isn’t it better if there are no documents?”

A federal judge in Florida unsealed the 49-page indictment upon special counsel Jack Smith’s request, according to his spokesman. Smith is expected to issue a statement on the case at 3pm from his office in Washington, DC.

The indictment states that Trump referred to the classified documents as his ‘papers’.

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A federal indictment has been unsealed charging ex-President Donald Trump with conspiracy to obstruct justice.