Former President Trump claimed without evidence that the Biden administration was bringing a federal indictment against him because President Biden’s poll numbers have been dipping. 

“They’re using this because they’re losing in the polls. They’re losing very big in the polls,” Trump said Monday in a radio interview in Miami. 

“We’re beating Biden by 10 points, 11 points, 12 points. We’re beating him very easily. So they’re using this because they can’t win the election fairly and squarely,” Trump added, repeating disproven claims that Biden did not win the 2020 election.

In recent polls, Biden, the leading Democratic presidential candidate in 2024, has dipped in favorability, after seeing a spike in support following the midterm elections in November 2022.

Even so, recent polls still show Biden and Trump running neck-and-neck in a hypothetical 2024 rematch.

The interview came the night before Trump’s highly anticipated appearance in a Miami federal court. He faces 37 counts of criminal charges, 31 of which relate to the Espionage Act.

Trump has been accused of repeatedly and deliberately seeking to obstruct attempts by the federal government to obtain the sensitive material. 

Trump has repeatedly denied the accusations. He arrived Monday in Florida ahead of his Tuesday court appearance.