The Indictment against Donald Trump with regard to documents at Mar-a-Lago has been unsealed. Read it below. (Pdf. here)
[More to follow]
6. On two occasions in 2021, TRUMP showed classified documents to others, as
a. In July 2021, at Trump National Golf Club in Bedminster, New Jersey
(“The Bedminster Club”), during an audio-recorded meeting with a writer,
a publisher, and two members of his staff, none of whom possessed a
security clearance, TRUMP showed and described a “plan of attack” that
TRUMP said was prepared for him by the Department of Defense and a
senior military official. TRUMP told the individuals that the plan was
“highly confidential” and “secret.” TRUMP also said, “as president I could
have declassified it,” and, “Now I can’t, you know, but this is still a secret.”
b. In August or September 2021, at The Bedminster Club, TRUMP showed a
representative of his political action committee who did not possess a
security clearance a classified map related to a military operation and told
the representative that he should not be showing it to the representative and
that the representative should not get too close.
7. On March 30, 2022, the Federal Bureau oflnvestigation (“FBI”) opened a criminal
investigation into the unlawful retention of classified documents at The Mar-a-Lago Club. A
federal grand jury investigation began the next month. The grand jury issued a subpoena requiring
TRUMP to tum over all documents with classification markings. TRUMP endeavored to obstruct
the FBI and grand jury investigations and conceal his continued retention of classified documents
by, among other things:
a. suggesting that his attorney falsely represent to the FBI and grand jury that
TRUMP did not have documents called for by the grand jury subpoena;
b. directing defendant WALTINE NAUTA to move boxes of documents to
conceal them from TRUMP’s attorney, the FBI, and the grand jury;
c. suggesting that his attorney hide or destroy documents called for by the
grand jury subpoena;
d. providing to the FBI and grand jury just some of the documents called for
by the grand jury subpoena, while claiming that he was cooperating fully;
e. causing a certification to be submitted to the FBI and grand jury falsely
representing that all documents called for by the grand jury subpoena had
been produced-while knowing that, in fact, not all such documents had
* * *
24. In January 2021, as he was preparing to leave the White House, TRUMP and his
White House staff, including NAUTA, packed items, including some of TRUMP’s boxes.
TRUMP was personally involved in this process. TRUMP caused his boxes, containing hundreds
of classified documents, to be transported from the White House to The Mar-a-Lago Club.
25. From January through March 15, 2021, some of TRUMP’s boxes were stored in
The Mar-a-Lago Club’s White and Gold Ballroom, in which events and gatherings took place.
TRUMP’s boxes were for a time stacked on the ballroom’s stage, as depicted in the photograph
bdow (redacted to obscure an individual’s identity).
26. In March 2021, NAUTA and others moved some of TRUMP’s boxes from the
White and Gold Ballroom to the business center at The Mar-a-Lago Club.
* * *
32. In May 2021, TRUMP caused some of his boxes to be brought to his summer
residence at ;rhe Bedminster Club. Like The Mar-a-Lago Club, after TRUMP’s presidency, The
Bedminster Club was not an authorized location for the storage, possession, review, display, or
discussion of classified documents.
* * *
47. When.interviewed by the FBI in May 2022 regarding the location and movement
of boxes before the production to NARA, NAUTA made false and misleading statements as set
forth in Count 38 of this Indictment, including:
a. falsely stating that he was not aware of TRUMP’s boxes being brought to
TRUMP’s residence for his review before TRUMP provided 15 boxes to
NARA in January 2022;
b. falsely stating that he did not know how the boxes that he and Trump
Employee 2 brought from TRUMP’s residence to the commercial truck for
delivery to NARA on January 17, 2022, had gotten to the residence; and
c. when asked whether he knew where TRUMP’ s boxes had been stored ,
before they were in TRUMP’s residence and whether they had been in a
secure or locked location, NAUTA falsely responded, “I wish, I wish I
could tell you. I don’t know. I don’t-I honestly just don’t know.”
48. When the 15 boxes that TRUMP had provided reached NARA in January 2022,
NARA reviewed the contents and determined that 14 of the boxes contained documents with
classification markings. Specifically, as the FBI later determined, the boxes contained 197
documents with classification markings, of which 98 were marked “SECRET,” 30 were marked
“TOP SECRET,” and the remainder were marked “CONFIDENTIAL.” Some of those documents
also contained SCI and SAP markings.
* * *
52. On May 11, 2022, the grand jury issued a subpoena (the “May 11 Subpoena”) to
The Office of Donald J. Trump requiring the production of all documents with classification
markings in the possession, custody, or control of TRUMP or The Office of Donald J. Trump.
Two attorneys representing TRUMP (“Trump Attorney 1” and “Trump Attorney 2”) informed
TRUMP of the May 11 Subpoena, and he authorized Trump Attorney 1 to accept service.
53. On May 22, 2022, NAUTA entered the Storage Room at 3:47 p.m. and left
approximately 34 minutes later, carrying one ofTRUMP’s boxes.
54. On May 23, 2022, TRUMP met with Trump Attorney 1 and Trump Attorney 2 at
The Mar-a-Lago Club to discuss the response to the May 11 Subpoena. Trump Attorney 1 and
Trump Attorney 2 told TRUMP that they needed to search for documents that would be responsive
to the subpoena and provide a certification that there had been compliance with the subpoena.
TRUMP, in sum and substance, made the following statements, among others, as memorialized
by Trump Attorney 1:
a. I don’t want anybody looking, I don’t want anybody looking through my
boxes, I really don’t, I don’t want you looking through my boxes.
b. Well what ifwe, what happens ifwe just don’t respond at all or don’t play
ball with them?
c. Wouldn’t it be better ifwe just told them we don’t have anything here?
d. Well look isn’t it better if there are no documents?
* * *’
58. Between TRUMP’s May 23 meeting with Trump Attorney 1 and Trump Attorney
2 to discuss the May 11 Subpoena, and June 2, when Trump Attorney 1 returned to The Mar-aLago
Club to review the boxes in the Storage Room, NA UTA removed-at TRUMP’ s directiona
total of approximately 64 boxes from the Storage Room and brought them to TRUMP’s
residence, as set forth below: …
* * *
62. In sum, between May 23, 2022, and June 2, 2022, before Trump Attorney 1 ‘s
review of TRUMP’s boxes in the Storage Room, NAUTA-at TRUMP’s direction-moved
approximately 64 boxes from the Storage Room to TRUMP’ s residence and brought to the Storage
Room only approximately 30 boxes. Neither TRUMP nor NAUTA informed Trump Attorney 1
of this information.
* * *
69. The next day, on June 3, 2022, at Trump Attorney 1 ‘s request, Trump Attorney 3
signed a certification as the custodian of records for The Office of Donald J. Trump and took it to
The Mar-a-Lago Club to provide it to the Department of Justice and FBI. In the certification,
Trump Attorney 3-who performed no search of TRUMP’s boxes, had not reviewed the May 11
Subpoena, and had not reviewed the contents of the Redweld folder-stated, among other things,
that “[b ]ased upon the information that [had] been provided to” her:
a. “A diligent search was conducted of the boxes that were moved from the
White House to Florida”;
b. “This search was conducted after receipt of the subpoena, in order to locate
any and all documents that are responsive to the subpoena”; and
c. “Any and all responsive documents accompany this certification.”
70. These statements were false because, among other reasons, TRUMP had directed
NAUTA to move boxes before Trump Attorney 1 ‘s June 2 review, so that many boxes were not
searched and many documents responsive to the May 11 Subpoena could not be found-and in
fact were not found-by Trump Attorney 1.
Two more. pic.twitter.com/cIhksPlIgw
— Arden Farhi (@ArdenFarhi) June 9, 2023
🚨 BREAKING: Special Counsel Jack Smith speaks about the indictment of Donald Trump pic.twitter.com/gQVSsXeANl
— Benny Johnson (@bennyjohnson) June 9, 2023
The last thing Trump needs is Raheem Kassam near him. This is serious. The indictment is not a joke. The evidence is significant.
This is time to listen to your freaking lawyers, not lean into public rants. https://t.co/d1W7URUsOd
— Bonchie (@bonchieredstate) June 9, 2023
My first take on this:
When an indictment is released, as in the case of President Trump, it presents a completely one-sided story developed by the prosecutor. Witnesses are not represented by attorneys, there is no opportunity for cross-examination, there is no opportunity for…
— Mark R. Levin (@marklevinshow) June 9, 2023
Fox News' favorite legal commentator Jonathan Turley: "It is an extremely damning indictment … this is not an indictment that you can dismiss" pic.twitter.com/1hE9phC7ie
— Lis Power (@LisPower1) June 9, 2023
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