This is D Knight and you're listening to special counsel Jack Smith's indictment of former president Donald J Trump on the part of the Insurrection podcast United States of America vs Donald J Trump and Waltine Nanna . The grand jury charges that , at times of material to this indictment , honor about the dates in approximate times stated below Introduction 1 .
Defended Donald J Trump was the 45th president of the United States of America . He held office from January 20 , 2017 until January 20 , 2021 .
As president , trump had lawful access to the most sensitive classified documents and national defense information gathered and owned by the United States government , including information from the agencies that comprise the United States intelligence community and the United States Department of Defense . 2 .
Over the course of his presidency , trump gathered newspapers , press clippings , letters , notes , cards , photographs , official documents and other materials in cardboard boxes that he kept in the White House . Among the materials Trump stored in his boxes were hundreds of classified documents . 3 .
The classified documents Trump stored in his boxes included information regarding defense and weapons capabilities of both the United States and foreign countries , united States nuclear programs , potential vulnerabilities of the United States and its allies to military attack and plans for possible retaliation in response to a foreign attack .
The unauthorized disclosure of these classified documents could put at risk the national security of the United States , foreign relations , the safety of the United States military and human sources and the continued viability of sensitive intelligence collection methods . 4 . At 12 pm on January 20 , 2021 , trump ceased to be president .
As he departed the White House , trump called scores of boxes , many of which contained classified documents , to be transported to the Mar-a-Lago Club in Palm Beach , florida , where he maintained his residence . Trump was not authorized to possess or retain those classified documents . 5 .
The Mar-a-Lago Club was an active social club which , between January 2021 and August 2022 , hosted events for tens of thousands of members and guests . After Trump's presidency , the Mar-a-Lago Club was not an authorized location for the storage , possession , review , display or discussion of classified documents .
Nevertheless , trump stored his boxes containing classified documents in various locations at the Mar-a-Lago Club , including in a ballroom , a bathroom and shower and office space , his bedroom and a storage room . 6 .
On two occasions in 2021 , trump showed classified documents to others as follows A In July 2021 , a 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 quote plan of attack The Trump said was prepared for him by the Department of Defense and the 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 of 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 that 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 of Investigation 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 turn over all documents with classified 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 represented 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 . And . 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 been produced . 8 .
As a result of Trump's retention of classified documents after his presidency and refusal to return them , hundreds of classified documents were not recovered by the United States government until 2022 , as follows A .
On January 17 , nearly one year after Trump left office and after months of demands by the National Archives and Records Administration for Trump to provide all missing presidential records , trump provided only 15 boxes which contained 197 documents with classified markings . B .
On June 3 , in response to a grand jury subpoena demanding the production of all documents with classification markings , trump's attorney provided to the FBI 38 more documents with classification markings . C . On August 8 , pursuant to a court authorized search warrant , the FBI recovered from Trump's office and a storage room at the Marlago Club .
102 more documents with classification markings . 9 . Trump's co-conspirator . 9 . Defended Nauta was a member of the United States Navy stationed as a valet in the White House . During Trump's presidency Beginning in August of 2021 , nauta became an executive assistant in the office of Donald J Trump and served as Trump's personal aide or quote body man .
Nauta reported to Trump , working closely with Trump , and traveled with Trump . The Marlago Club 10 . The Mar-a-Lago Club was located on South Ocean Boulevard in Palm Beach , florida , and included Trump's residence , more than 25 guest rooms , two ball rooms , a spa , a gift store , exercise facilities , office space and an outdoor pool and patio .
As of January 2021 , the Mar-a-Lago Club had hundreds of members and was staffed by more than 150 full-time , part-time and temporary employees . 11 . Between January 2021 and August 2022 , the Mar-a-Lago Club hosted more than 150 social events , including weddings , movie premieres and fundraisers , that together drew tens of thousands of guests . 12 .
The United States Secret Service provided protection services to Trump and his family after he left office , including at the Mar-a-Lago Club , but it was not responsible for the protection of Trump's boxes or their contents . Trump did not inform the Secret Service that he was storing boxes containing classified documents at the Mar-a-Lago Club . 13 .
National Security Information was information owned by , produced by , produced for and under the control of the United States government , pursuant to Executive Order 13292 on March 25 , 2003 and Executive Order 13526 on December 29 , 2009, .
National Security Information was classified as top secret , secret or confidential , as follows A Information was classified as top secret if the unauthorized disclosure of that information reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority was able to identify or describe . B .
Information was classified as secret if the unauthorized disclosure of that information reasonably could be expected to cause serious damage to the national security that the original classification authority was able to identify or describe . C .
Information was classified as confidential if the unauthorized disclosure of that information reasonably could be expected to cause damage to the national security that the original The original classification authority was able to identify or describe . 14 .
The classification marking no foreign sued for not releasable to foreign nationals and denoted that the dissemination of the information was limited to United States personnel . 15 . Classified information related to intelligence sources , methods and analytical processes was designated a Sensitive Compartmented Information , or SEI .
Sei was to be processed , stored , used or discussed in an accredited Sensitive Compartmented Information Facility , a SCIF , and only individuals with the appropriate security clearance and additional SEI permissions were authorized to have access to such national security information . 16 .
When the vulnerability of or threat to specific classified information was exceptional and the normal criteria for determining eligibility for access to classified information were insufficient to protect the information from unauthorized disclosure , the United States could establish special access programs , or SAPs , to further protect the classified information .
The number of these programs was to be kept to an absolute minimum and limited to programs in which the number of persons who ordinarily would have access would be reasonably small and commensurate with the objective of providing enhanced protection for the information involved .
Only individuals with the appropriate security clearance and additional special access programs or program permissions were authorized to have access to such national security information , which was subject to enhanced handling and storage requirements . 17 .
Pursuant to Executive Order 13526 , information classified at any level could be lawfully accessed only by persons determined by an appropriate United States government official to be eligible for access to classified information in , who had signed an approved non-disclosure agreement , received a security clearance and who had a quote need to know the classified information .
After his presidency , trump was not authorized to possess or retain classified documents 18 . Executive Order 13526 provided that a former president could obtain a waiver of the need to know requirement if the agency had or senior agency official of the agency that originated the classified information .
One determined in writing that access was consistent with the interests of national security . And . Two took appropriate steps to protect classified information from an authorized disclosure or compromise and ensured that the information was safeguarded in a manner consistent with the order . Trump did not obtain any such waiver after his presidency .
The executive branch , departments and agencies whose classified documents Trump retained after his presidency . 19 .
As part of his official duties as president , trump received intelligence briefings from high-level United States government officials , including briefings from the director of the Central Intelligence Agency , the chairman of the Joint Chiefs of Staff , senior White House officials and a designated briefer .
He regularly received a collection of classified intelligence from the United States intelligence community , usic , known as the President's Daily Brief . 20 .
The USIC's mission was to collect , analyze and deliver foreign intelligence and counterintelligence information to America's leaders , including the president , policymakers , law enforcement and the military , so they can make sound decisions to protect the United States .
The intelligence community consisted of United States executive branch departments and agencies responsible for the conduct of foreign relations and the protection of national security . 21 .
After his presidency , trump obtained classified documents originated by , or implicating the equities of , multiple intelligence community members and other executive branch departments and agencies , including the following 22 .
The Central Intelligence Agency CIA , was responsible for providing intelligence on foreign countries and global issues to the president and other policymakers to help them make national security decisions . 23 . The Department of Defense DoD was responsible for providing the military forces needed to deter war and ensure national security .
Some of the executive branch agencies comprising the intelligence community were within DoD . C . The National Security Agency The NSA , was a combat support agency within DoD and a member of the intelligence community responsible for foreign signals , intelligence and cyber security .
This included collecting , processing and disseminating to the United States policymakers and military leaders foreign intelligence derived from communications and information systems , protecting national security systems and enabling computer network operations . D .
The National Geospatial Intelligence Agency , the NGIA , was a combat support agency within DoD responsible for the exploitation and analysis of imagery , imagery intelligence and geospatial information in support of the national security objectives of the United States and the geospatial intelligence requirements of the DoD , the Department of State and other federal agencies . E .
The National Reconnaissance Office The National Reconnaissance Office was an agency within the Department of Defense responsible for developing , acquiring , launching and operating space-based surveillance and reconnaissance systems that collected and delivered intelligence to enhance national security . F The Department of Energy .
The Department of Energy was responsible for maintaining a safe , secure and effective nuclear deterrent to protect national security , including ensuring the effectiveness of the United States nuclear weapon stockpile without nuclear explosive testing . G The Department of State and Bureau of Intelligence and Research .
The State Department was responsible for protecting and promoting United States security , prosperity and democratic values . Within the Department of State , the Bureau of Intelligence and Research was a member of the intelligence community and responsible for providing intelligence to inform diplomacy and support United States diplomats .
F Trump's Public Statements on Classified Information 22 . As the candidate for President of the United States , trump made the following public statements , among others , about classified information A On August 18 , 2016, . Trump stated quote In my administration , i'm going to enforce all laws concerning the protection of classified information . No one will be above the law .
B On September 6 , 2016 , trump stated quote We all need to fight this battle by collecting intelligence and then protecting our classified secrets . We can't have someone in the Yolville office who doesn't understand the meaning of the word confidential or classified . C . September 7 , 2016, .
Trump stated quote One of the first things we must do is to enforce all classification rules and to enforce all laws relating to the handling of classified information . D . On September 19 , 2016, . Trump stated quote We also need the best protection of classified information . E . On November 3 , 2016, . Trump stated quote .
First members here in North Carolina have risked their lives to acquire classified intelligence to protect our country . 23 .
As president of the United States , on July 26 , 2018 , trump issued the following statement about classified information As the head of the executive branch and commander-in-chief , i have a unique constitutional responsibility to protect the nation's classified information , including by controlling access to it .
More broadly , the issue of a former executive branch official's security clearance raises larger questions about the practice of former officials maintaining access to our nation's most sensitive secrets long after their time and government has ended .
Such access is particularly inappropriate when former officials have transitioned into highly partisan positions and seek to use real or perceived access to sensitive information to validate their political attacks . Only access granted to our nation's secrets should be in furtherance of national , not personal , interests . Trump's retention of classified documents after his presidency .
24 . In January 2021 , as he was preparing to leave the White House . Trump and his White House staff , including NADA , 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's Club White and Gold ballroom , in which events and gatherings took place . Trump's boxes were , for a time , stacked on the ballroom stage , as depicted in the photograph below 26 .
In March of 2021 , nada and others moved some of Trump's boxes from the White and Gold Ballroom to the Business Center at the Mar-a-Lago Club . 27 .
On April 5 , 2021 , an employee of the office of Donald J Trump Trump Employee 1 , texted another employee of that office Trump Employee 2 , to ask whether Trump's boxes could be moved out of the Business Center to make room for staff to use it as an office . Trump Employee replied Whoa , okay .
So POTUS specifically asked Walt for those boxes to be in the Business Center because they are his quote papers . Later that day , trump Employee 1 and Trump Employee 2 exchanged the following text messages Trump Employee 2 . We can definitely make it work if we move his papers into the lake room . Trump , employee 1 .
There's still a little room in the shower where his other stuff is . Is it only his papers he cares about ? There's some other stuff in there that are not papers . Could that go to storage , or does he want everything in there on the property ? Trump Employee 2 . Yes , anything that's not the beautiful mind . Paper boxes can definitely go to storage .
Want to take a look at the space and start moving ? tomorrow AM 28 . After the text exchange between Trump Employee 1 and Trump Employee 2 , in April 2021 , some of Trump's boxes removed from the Business Center to a bathroom and a shower in the Mar-a-Lago Club's lake room is depicted in the photograph below . 29 .
In May 2021 , trump directed that a storage room on the ground floor of the Mar-a-Lago Club be cleaned out so that it could be used to store his boxes . The hallway leading to the storage room could be reached from multiple outside entrances , including one accessible from the Mar-a-Lago Club pool patio through a doorway that was often kept open .
The storage room was near the liquor supply cabinet lit in room lock shop and various other rooms . 30 . On June 24th of 2021 , trump's boxes that were in the lake room were moved to the storage room . After the move , there were more than 80 boxes in the storage room , as depicted in photographs below . 31 .
On December 7th of 2021 , not a found several of Trump's boxes fallen and their contents spilled out onto the floor of the storage room , including a document marked Secret REL to USA FVEY , which denoted that the information in the document was releasable only to the Five Eyes Intelligence Alliance , consisting of Australia , canada , new Zealand , the United States and the
United Kingdom . 32 . Not a texted Trump employee , too . 33 . I opened the door and found this . 34 . Not a . Also attached two photographs he took of the spill . 35 . Trump employee , too , replied quote oh no , oh no . And quote I'm sorry , put us at my phone .
One of the photographs not a texted Trump employee too is depicted below with the visible classified information redacted Trump's unlawful retention of this document is charged in count eight of this indictment Trump's disclosures of classified information in private meetings . 32 .
In May of 2021 , trump called some of his boxes to be brought to a summer residence at the Bedminster Club , like the Mar-a-Lago Club . After Trump's residency , the Bedminster Club was not an authorized location for the storage , possession , review , display or discussion of classified documents . 33 .
On July 21 , 2021 , when he was no longer president Trump gave an interview in his office at the Bedminster Club to a writer and a publisher in connection with a thin forthcoming book . Two members of Trump's staff also attended the interview , which was recorded with Trump's knowledge and consent .
Before the interview , the media had published reports that at the end of Trump's term as president , a senior military official purportedly feared that Trump might order an attack on country A and that the senior military official advised Trump against doing so 34 . Upon greeting the writer , publisher and his two staff members , trump stated quote Look what I found .
This was redacted senior military officials plan of attack . Read it and just show . Well , it's interesting . Here in the interview , trump engaged in the following exchange Trump , well , with the redacted senior military official , let me see that . I'll show you an example . He said that I wanted to attack redacted country A . Isn't it amazing ?
I have a big pile of papers and this thing just came up . Look , this was him . They presented me this . This is off the record , but they presented me this . This was him . This was the Defense Department and him Writer Wow , trump , we looked at some . This was him . This wasn't done by me , this was him . All sorts of stuff . Page is long .
Look , staffer , hmm , trump . Wait a minute , let's see here . Staffer , laughter , yeah , trump . I just found , isn't it amazing ? This totally wins my case . You know , staffer Mm , hmm , trump . Accepted is like highly confidential Staffer , yeah , laughter , trump . Secret . This is secret information . Look , look at this . You attacking redacted Trump .
By the way , isn't that incredible ? Staffer , yeah , trump . I was just thinking because we were talking about it and you know he said , quote , he wanted to attack redacted country A and what staffer you did , trump . This was done by the military and given to me . I think we can probably write staffer , i don't know , we'll , we'll have to see .
Yeah , we'll have to try to Trump , declassify it . Staffer , figure out a , yeah , trump . See , as president , i could have declassified it . Staffer , yeah , laughter , trump . Now , i can't you know , but this is still secret . Staffer , yeah , laughter . Well , now we have a problem , trump , isn't that interesting ?
At the time of this exchange , the writer of the publisher and Trump's two staff members did not have security clearances or any need to know any classified information about a plan of attack on country A 35 .
In August or September of 2021 , when Trump was no longer president , trump met in his office at the bedmaster club with the representative of his political action committee . During the meeting , trump commented that an ongoing military operation in country B was not going well .
Trump showed the pack representative a classified map of country B and told the pack representative that he should not be showing the map to the pack representative and not to get too close . The pack representative did not have a security clearance or any need to know classified information about the military operation .
36 on February 16 , 2017 , four years before Trump's disclosure of classified information set forth above , trump said at his press conference the first thing I thought of when I heard about it is how does the press get this information that's classified ? How do they do it ? You know why ? Because it's an illegal process and the press should be ashamed of themselves .
But , more importantly , the people that gave out the information to the press should be ashamed of themselves , really ashamed . Trump's production of 15 cardboard boxes to the National Archives and Records Administration . 37 , beginning in May 2021, .
The National Archives and Records Administration , nara , which was responsible for archiving presidential records , repeatedly demanded that Trump turn over presidential records that he had kept after his presidency .
On multiple occasions , beginning in June , nara warned Trump through his representatives , that if he did not comply , it will refer the matter of the missing records to the Department of Justice . 38 . Before November 2021, . In January 2022 , nara and Trump Employee 2 in Trump's direction , brought boxes from the storage room to Trump's residence for Trump to review . 39 .
On November 12 , 2021 , trump Employee 2 provided Trump with a photograph of his boxes in the storage room by taping it to one of the boxes that Trump Employee 2 had placed in Trump's residence . Trump Employee 2 provided Trump the photograph so that Trump could see how many of his boxes were stored in the storage room .
The photograph shown below depicted a wall of the storage room against which dozens of Trump's boxes were stacked . 40 . On November 17 , 2021 , nara texted Trump Employee 2 about the photograph Trump Employee 2 had provided to Trump , stating , quote he mentioned about a picture of the boxes . He wants him to see it . Trump Employee 2 replied , calling you shortly .
41 . On November 25 , 2021 , trump Employee 2 texted NARA about Trump's review of the contents of his boxes , asking , quote has he mentioned boxes to you ? I delivered some , but I think you may need more . Could you ask if he'd like more in Pine Hall ? Pine Hall was an entry room in Trump's residence .
Nara replied in three successive text messages Nothing about the boxes . Yet He has one he's working on in Pine Hall . Knocked out two boxes yesterday . 42 . On November 29 , 2021 , trump employee 2 texted Nara asking Quote Next , you are on property , no rush . Could you help me bring up 4 more boxes ? Nara replied Yes , of course . 43 .
On December 29 , 2021 , trump employee 2 texted Trump Representative 1 , who was in contact with Nara . Quote Box's answer will be wrenched out of him today . Promise The next day . Trump Representative 1 replied in 2 successive text messages Hey , just checking on boxes . Would love to have a number to them today .
Trump employee 2 spoke to Trump and then responded a few hours later in 2 successive messages 12 . Is this number ? 44 . On January 13 , 2022 , nara texted Trump employee 2 about Trump's Quote tracking of boxes , stating Quote , he's tracking the boxes more to follow today on whether he wants to go through more today or tomorrow . Trump employee 2 replied Thank you .
45 . On January 15 , 2022 , nara sent Trump employee 2 4 successive text messages . One thing he asked was for new covers for the boxes from Monday M Morning . Can we get new box covers before giving these to them on Monday ? They had too much writing on them . I marked too much . Trump employee 2 replied Yes , i will get that . 46 .
On January 17 , 2022 , trump employee 2 and Nara gathered 15 boxes from Trump's residence , loaded the boxes in Nara's car and took them to a commercial truck for delivery to Nara . 47 .
When interviewed by the FBI in May 2022 regarding the location and movement of boxes before the production to Nara , nara made false and misleading statements and set forth and 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
of 2022 . B . Falsely stating that he did not know how the boxes that he and Trump employee 2 bought from Trump's residence to the commercial truck for delivery to Nara on January 17 , 2022 , and got into the residence . And . C .
When asked whether he knew where Trump's boxes had been stored before they went to Trump's residence and whether they had been in a secure or locked location , nara falsely responded with quote I wish I could tell you . I don't know . 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 SEI and SAP markings . 49 .
On February 9 , 2022 , nara referred the discovery of the classified documents in Trump's boxes to the Department of Justice for investigation , the FBI and Grand Jury Investigations . 50 . On March 30 , 2022 , the FBI opened a criminal investigation . 51 . On April 26 , 2022 , a federal grand jury opened an investigation The defendant's concealment of boxes . 52 .
On May 11 , 2022 , the grand jury issued a 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 authorized Trump Attorney 1 to accept service . 53 . On May 22 , 2022 , nara entered the storage room at 3.47pm and left approximately 34 minutes later carrying one of Trump's boxes . 54 .
On May 23 , 2022 , trump met with Trump Attorney 1 and Trump Attorney 2 at the Marlago 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 they had been compliant to the subpoena .
Trump , in some substance , made the following statements , among others , as memorialized by Trump Attorney 1 . A I don't want anybody looking . I don't want anyone looking through my boxes . I really don't . I don't want you looking through my boxes . B What happens if we just don't respond at all or don't play ball with them ?
C Wouldn't it be better if we just told them we don't have anything here ? D Well , look , isn't it better if there are no documents ? 55 . On meeting with Trump Attorney 1 and Trump Attorney 2 on May 23 , trump , in some substance , told the following story , as memorialized by Trump Attorney 1 . The attorney he was great , he did a great job .
You know what He said that it was him , that he was the one who deleted all of her emails , the 30,000 emails , because they basically dealt with her scheduling and her going to the gym and her having beauty appointments . And he was great And he so he didn't get in any trouble because he said that he was the one who deleted them .
Trump related the story more than once that day . 56 . On May 23 , trump also confirmed his understanding with Trump Attorney 1 that Trump Attorney 1 would return to the Mar-a-Lago Club on June 2 to search for any documents with classification markings to produce a response to the May 11 subpoena .
Trump Attorney 1 made it clear to Trump that Trump Attorney 1 would conduct the search for responsive documents by looking through Trump's boxes that had been transported from the White House and remained in storage at the Mar-a-Lago Club .
Trump indicated that he wanted to be at the Mar-a-Lago Club when Trump Attorney 1 returned to review his boxes on June 2 and that Trump would change his summer travel plans to do so . Trump told Trump Attorney 2 that Trump Attorney 2 did not need to be present for the review of boxes . 57 .
After meeting with Trump Attorney 1 and Trump Attorney 2 on May 23 , trump delayed his departure from the Mar-a-Lago Club to the Bend Mister Club for the summer so that he would be present at the Mar-a-Lago Club on June 2 when Trump Attorney 1 returned to review the boxes . 58 .
Between Trump's May 23 meeting with Trump Attorney 1 and Trump Attorney 2 to discuss the May 11 subpoena in June 2 , when Trump Attorney 1 returned to the Mar-a-Lago Club to review the boxes in the storage room . Nato removed in Trump's direction , a total of approximately 64 boxes from the storage room and bought them up to Trump's residence , as sent forth below .
59 . A . On May 24 , 2022 , between 5.30pm and 5.30pm , nato removed three boxes from the storage room . B . On May 30 , 2022 , in Nato 8am , trump and Nato spoke by phone for approximately 30 seconds Between 10.02am and 11.51am . Nato removed a total of approximately 50 boxes from the storage room . C .
On May 30 , 2022 , at 12.33pm , a Trump family member texted Nato Good afternoon , walt . Happy Memorial Day . So you put boxes in Potus room , just FYI , and I will tell him as well . Not sure how many he wants to take on Friday on the plane . We will not have a room for them . Plane will be full of luggage . Thank you , 60 .
Nato replied Good afternoon , ma'am . Smiley face emoji . Thank you so much . I think he wanted to pick from them . I don't imagine him wanting to take the boxes . He told me to put them in the room and that he was going to talk to you about them . D . On June 1 , 2022 , beginning at 12.52pm , nato removed approximately 11 boxes from the storage room . 59 .
On June 1 , 2022 , trump spoke with Trump Attorney One by phone and asked whether Trump Attorney One was coming to the Mar-a-Lago Club the next day and for exactly what purpose .
Trump Attorney One reminded Trump that Trump Attorney One was going to review the boxes that had been transported from the White House in remaining stores at the Mar-a-Lago Club so that Trump Attorney One could have a custodian of record certified that the May 11 subpoena had been complied with fully . 60 .
On June 2 , 2022 , the day that Trump Attorney One was scheduled to review the boxes in the storage room , trump spoke with Nata on the phone at 9.29am for approximately 24 seconds . 61 . Later that day , between 12.33pm and 12.52pm , nata and an employee of the Mar-a-Lago Club moved approximately 30 boxes from Trump's residence back to the storage room . 62 .
In some between May 23 , 2022 and June 2 , 2022 , before Trump Attorney One's review of the Trump boxes in the storage room , Nata , 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 Nata informed Trump Attorney One of this information . 63 .
On the afternoon of June 2 , 2022 , as Trump had been informed , trump Attorney One arrived at the Mar-a-Lago Club to review Trump's boxes to look for documents with classification markings . In response to the May 11 subpoena , trump met with Trump Attorney One before Trump Attorney One conducted the review . 64 .
Between 3.53pm and 6.23pm , trump Attorney One reviewed the contents of Trump's boxes in the storage room . Trump Attorney One located 38 documents with classification markings inside the boxes , which Trump Attorney One removed and placed in a red-weld folder . Trump Attorney One contacted Nata and asked him to bring clear duct tape to the storage room , which Nata did .
Trump Attorney One used the clear duct tape to seal the red-weld folder with the documents with classified markings inside . 65 . After Trump Attorney One finished sealing the red-weld folder containing the documents with classification markings that he found inside Trump's boxes , nata took Trump Attorney One to a dining room in the Mar-a-Lago Club to meet with Trump .
After Trump Attorney One confirmed that he was finished with the search of the storage room , trump asked quote Did you find anything ? Is it bad Good ? 66 .
Trump and Trump Attorney One then discussed what to do with the red-weld folder containing documents with classification markings and whether Trump Attorney One should bring them to his hotel room and put them in a safe . During that conversation , trump made a plucking motion .
As memorialized by Trump Attorney One , he made a funny motion as though well , okay , why don't you take them with you to your hotel room And , if there's anything really bad in there , like you know , pluck it out ? And that was the motion that he made . He didn't say that . 67 .
That evening , trump Attorney One contacted the Department of Justice and requested that an FBI agent meet him at the Mar-a-Lago Club the next day , june 3rd , so that he could turn over the documents responsive to the May 11th subpoena . 68 .
Also that evening , trump Attorney One contacted another Trump attorney , trump Attorney Three , and asked her if she would come to the Mar-a-Lago Club the next morning to act as a custodian of records and sign a certification regarding the search for the documents with classified markings in response to the May 11th subpoena .
Trump Attorney Three , who had no role in the review of Trump's boxes in the storage room , agreed 69 .
The next day , on June 3rd 2022 , the Trump Attorney One's request , Trump Attorney Three 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 the FBI .
In the certification , trump Attorney Three , who performed no search of Trump's boxes , had not reviewed the May 11th subpoena and had not reviewed the contents of the Redwell Folder stated , among other things , that quote based upon the information that had been provided to her . 70 .
A diligent search was conducted of the boxes that were moved from the White House to Florida . B The 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 in order to move boxes before Trump Attorney One's June 2nd review , so that many boxes were not searched and many documents responsive to the May 11th subpoena could not be found and , in fact , were not found by Trump Attorney One . 71 .
Shortly after Trump Attorney Three executed the false certification , on June 3rd 2022 , trump Attorney One and Trump Attorney Three met at the Mar-a-Lago Club with personnel from the Department of Justice and the FBI .
Trump Attorney One and Trump Attorney Three turned over the Redwell folder containing documents with classification markings , as well as the false certification signed by Trump Attorney Three .
As the custodian of records , trump , who had delayed his departure from the Mar-a-Lago Club , joined Trump Attorney One and Trump Attorney Three for some of the meeting , trump claimed to the Department of Justice and the FBI that he was an open book . 72 .
Earlier that day , nada and others loaded several of Trump's boxes , along with other items , on aircraft that flew Trump and his family north for the summer . The Court Authorized Search of the Mar-a-Lago Club . 73 . In July of 2022 , the FBI and grand jury obtained and reviewed surveillance footage from the Mar-a-Lago Club showing the moving of boxes set forth above .
74 . On August 8th of 2022 , the FBI executed a court authorized search warrant at the Mar-a-Lago Club . The search warrant authorized the FBI to search for and seize , among other things , all documents with classification markings . 75 .
During the execution of the warrant at the Mar-a-Lago Club , the FBI seized 102 documents with classification markings in Trump's office in the storage room as follows Location Trump's Office . Number of Documents 27 . Classification Markings Top Secret 6 , secret 18 , confidential 3 . Location Storage Room . Number of Documents 75 .
Classification Markings Top Secret 11 , secret 36 , confidential 28 . Counts 1-31 , wilful Retention of National Defense Information 18 . Usc 793E . 76 . The general allegations of this indictment are realleged and fully incorporated here by reference 77 . Honor about the date set forth at the table below .
In Palm Beach County , in the Southern District of Florida and elsewhere .
The defendant , donald J Trump , having unauthorized possession of , access to and control of documents relating to the National Defense , did wilfully retain the documents and failed to deliver them to the officer and employee of the United States entitled to receive them , that is , trump without authorization retained at the Mar-a-Lago Club documents relating to the National
Defense , including the following Count Number , to be followed by date of offense , classification , marking and document description Count 1 , january 20 , 2021 , august 8 , 2022, . Top Secret No-Forn Special Handling , documented May 3 , 2018 , concerning White House Intelligence Briefing related to the various foreign countries . Count 2 , january 20 , 2021 , august 8 , 2022, .
Top Secret SI No-Forn Special Handling , documented May 9 , 2018 , concerning White House Intelligence Briefing related to various foreign countries . Count 3 , january 20 , 2021-august 8 , 2022 . Top Secret SI , noforn , fisa , undated document concerning military capabilities of a foreign country and the United States , with handwritten annotation and black marker .
Count 4 , january 20 , 2021-august 8 , 2022 . Top Secret Special Handling , documentated May 6 , 2019 , concerning White House intelligence briefing related to foreign countries , including military activities and planning of foreign countries . Count 5 , january 20 , 2021-august 8 , 2022 .
Top Secret Redacted , redacted Orcon NoForn , documentated June 2020 , concerning nuclear capabilities of a foreign country . And if I could break the fourth wall here . Yo , what the fuck ? Count 6 , january 20 , 2021-august 8 , 2022 . Top Secret Special Handling , documentated June 4 , 2020 , concerning White House intelligence briefing related to various foreign countries .
Count 7 , january 20 , 2021-august 8 , 2022 . Top Secret NoForn , documentated October 21 , 2018 , concerning communications with the leader of a foreign country . Count 8 , january 20 , 2021-august 8 , 2022 . Top Secret , released to USA , 5i , documentated October 4 , 2019 , concerning military capabilities of a foreign country . Count 9 , january 20 , 2021-august 8 , 2022 .
Top Secret Redacted , redacted Orcon , noforn , fisa Undated Document concerning military attacks by a foreign country . Count 10 , january 20 , 2021-august 8 , 2022 . Top Secret TK NoForn , documentated November 2017 , concerning military capabilities of a foreign country . Count 11 , january 20 , 2021-august 8 , 2022 .
No Marking Undated Document concerning military contingency planning of the United States . Count 12 , january 20 , 2021-august 8 , 2022 . Top Secret , released to USA 5i Pages of Undated Document concerning projected regional military capabilities of a foreign country and the United States . Count 13 , january 20 , 2021-august 8 , 2022 .
Top Secret SI , tk NoForn Undated Document concerning military capabilities of a foreign country and the United States . Count 14 , january 20 , 2021-august 8 , 2022 . Secret Orcon NoForn , documentated January 20 , 2020-august 8 , 2022-august 8 , 2022 . Documentated January 2020 , concerning military operations of a foreign country and potential effects on United States interest .
Count 15 , january 20 , 2021-august 8 , 2022 . Secret Orcon NoForn , documentated February 2020 , concerning policies in a foreign country . Count 16 , january 20 , 2021-august 8 , 2022 . Secret Orcon NoForn , documentated December 2019 , concerning foreign country support of terrorist acts against the United States interests . Count 17 , january 20 , 2021-august 8 , 2022 .
Top Secret , redacted TK Orcon MCON NoForn , documentated January 2020 , concerning military capabilities of a foreign country . Count 18 , january 20 , 2021-august 8 , 2022 . Secret NoForn , documentated March 2020 , concerning military operations against United States forces and others . Count 19 , january 20 , 2021-august 8 , 2022 .
Secret Formerly Restricted Data , undated Document concerning nuclear weaponry of the United States . Count 20 , january 20 , 2021-august 8 , 2022 . Top Secret , redacted Orcon NoForn , undated Document concerning timeline and details of attack in a foreign country . Count 21 , january 20 , 2021-august 8 , 2022 .
Secret NoForn , undated Document concerning military capabilities of foreign countries . Count 22 , january 2021-June 3 , 2022 . Top Secret , redacted RCN , orcon NoForn , documentated August 2019 , concerning regional military activity of a foreign country . Count 23 , January 20 , 2021-june 3 , 2022 .
Top Secret Special Handling , documentated August 30 , 2019 , concerning White House Intelligence Briefing related to various foreign countries , with handwritten annotation and black marker . Count 24 , january 20 , 2021-june 3 , 2022 .
Top Secret HCSP , si , orcon , usgov , noforn , undated Document concerning military activity of a foreign country Count 25 , january 20 , 2021-june 3 , 2022 . Top Secret HCSP SI , orcon , usgov , noforn , documentated October 24 , 2019 , concerning military activity of foreign countries and the United States . Count 26 , january 20 , 2021-june 3 , 2022 .
Top Secret Redacted Orcon , noforn FISA , documentated November 7 , 2019 , concerning military activity of foreign countries and the United States . Count 27 , january 20 , 2021-june 3 , 2022 . Top Secret SI TK NoForn , documentated November 2019 , concerning military activity of foreign countries , documentated January 20 , 2021-june 3 , 2022 .
Top Secret Special Handling , documentated October 18 , 2019 , concerning White House Intelligence Briefing related to various foreign countries . Count 29 , january 20 , 2021-june 3 , 2022 . Top Secret Redacted SI TK Orcon , noforn , documentated October 18 , 2019 , concerning military capabilities of a foreign country . Count 30 , january 20 , 2021-june 3 , 2022 .
Top Secret Redacted Orcon NoForn FISA , documentated October 15 , 2019 , concerning military activity in a foreign country . Count 31 , january 20 , 2021-june 3 , 2022 . Top Secret SI TK NoForn , documentated February 2017 , concerning military activity of a foreign country . Count 32, . Conspiracy to a Struck Justice 18 . Us Code 1512K 78, .
The general allegations of this indictment are realized and fully incorporated hereby . Reference 79 , from on or about May 11 , 2022 , through , in or around August 2022 , in Palm Beach County in the Southern District of Florida and elsewhere .
The defendants , donald J Trump and Waltean Nada , did no-angly combine , conspire , confederate and agree with each other and with others known and unknown to the grand jury to engage in misleading conduct toward another person and corruptly persuade another person to withhold a record , document and other object from an official proceeding , in violation of 18 USC 1512C1 .
80 , the purpose of the conspiracy was for Trump to keep classified documents he had taken with him from the White House and to hide and conceal them from a federal grand jury . 81, . The manner and means by which the defendant sought to accomplish the objects and purpose of the conspiracy included , among other things , the following 81 , a .
Suggesting that Trump Attorney 1 falsely represent to the FBI and grand jury that Trump did not have documents called for by the May 11 subpoena . B . Moving boxes of documents to conceal them from Trump Attorney 1 , the FBI and the grand jury . C . Suggesting that Trump Attorney 1 hide or destroy documents called for by the May 11 subpoena . D .
Providing to the FBI and grand jury just some of the documents called for by the May 11 subpoena , while Trump claimed that he was cooperating fully . E . Causing a false certification to be submitted to the FBI and grand jury , representing that all documents with classification markings had been produced , when in fact they had not . and .
F making false and misleading statements to the FBI , all in violation of Title 18 , united States Code , section 1512 , k . Count 33 , withholding a document or record . 18 USC 1512 , b2a2 .
82 , the general allegations of this indictment are realleged and fully incorporated hereby reference 83 , from on or about May 11 , 2022 through in or around August of 2022 , in Palm Beach County , in the Southern District of Florida and elsewhere .
The defendants , donald J Trump and Waltine Nauta , did knowingly engage in misleading conduct toward another person and knowingly corruptly persuade and attempt to persuade another person with intent to cause and induce any person to withhold a record , document and other object from an official proceeding , that is 1 .
Trump attempted to persuade Trump Attorney 1 to hide and conceal documents from a federal grand jury , and 2 .
Trump and Nauta misled Trump Attorney 1 by moving boxes that contained documents with classification markings so that Trump Attorney 1 would not find the documents and produce them to a federal grand jury , all in violation of Title 18 , united States Code , section 1512 , b2a2 . Count 34 , corruptly concealing a document or record . 18 USC 1512 C1 and 2 . 84, .
The general allegations of this indictment are realleged and fully incorporated .
Hereby reference 85 , from on or about May 11 , 2022 through , in or around August 2022 , in Palm Beach County , in the Southern District of Florida and elsewhere , the defendants Donald J Trump and Waltine Nauta did corruptly conceal a record , document and other object and attempted to do so with the intent to impair the object's integrity and availability for use in an
official proceeding . That is , trump and Nauta hid and concealed boxes that contained documents with classification markings from Trump Attorney 1 so that Trump Attorney 1 would not find the documents and produce them to a federal grand jury , all in violation of Title 18 , united States Code , section 1512 C1 and 2 .
Count 35 , concealing a document in a federal investigation . 18 USC 1512 C1 and 2 . 86, . The general allegations of this indictment are realleged and fully incorporated . Hereby reference 87 , from on or about May 11 , 2022 through , in or around August 2022 , in Palm Beach County , in the Southern District of Florida and elsewhere .
The defendants Donald J Trump and Waltine Nauta did knowingly cover up , conceal , falsify and make a false entry in any record , document and tangible object , with the intent to impede , obstruct and influence the investigation and proper administration of any matter within the jurisdiction of a department and agency of the United States in relation to and contemplation of
any such matter , that is , during a federal criminal investigation being conducted by the FBI . Trump and Nauta . 1 , he concealed and covered up from the FBI Trump's continued possession of documents with classification markings at the Mar-Lago Club . And .
2 , trump calls the false certification to be submitted to the FBI , all in violation of Title 18 , united States Code , sections 1519 and 2 . Count 36 , scheme to Conceal 18 USC 1001 A1 and 2 . 88 , the general allegations of this indictment are realized and fully incorporated hereby referenced .
89 , from Honor about May 11 , 2022 through in or around August 2022 , in Palm Beach County , in the Southern District of Florida and elsewhere .
The defendants , donald J Trump and Waltine Nauta , in a matter within the jurisdiction of the judicial branch and executive branch of the United States government , did knowingly and willfully falsify , conceal and cover up by any trick , scheme and device a material fact , that is , during a federal grand jury investigation and a federal criminal investigation being conducted
by the FBI . Trump and Nauta hid and concealed from the grand jury in the FBI Trump's continued possession of documents with classification markings , all in violation of Title 18 , united States Code Section 1001 A1 and 2 . 1537 , false Statements and Representations 18 USC 1001 A2-2 . 90 , the general allegations of this indictment are realized and fully incorporated .
Hereby referenced Honor about June 3 , 2022 in Palm Beach County , in the Southern District of Florida and elsewhere .
The defendants , donald J Trump , in a matter within the jurisdiction of the judicial branch and executive branch of the United States government , did knowingly and willfully making calls to be made a materially false , fictitious and fraudulent statement and representation That is during a federal grand jury investigation and a federal criminal investigation being conducted by the
FBI . Trump calls the following false statements and representations to be made to the grand jury and the FBI in a sworn certification executed by Trump Attorney 3 . A . A diligent search was conducted of the boxes they removed from the White House to Florida . B .
The 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 .
92 , the statements and representations sent forth above are false , as Trump knew , because Trump had directed the boxes be removed from the storage room before Trump Attorney 1 conducted the June 2 , 2022 search for documents with classification markings so that Trump Attorney 1's search would not and did not include all of Trump's boxes that were removed from the White
House . Trump Attorney 1's search would not and did not locate all documents responsive to the May 11 subpoena and all responsive documents were not provided to the FBI and the grand jury with the certification .
In fact , after June 3 , 2022 , more than 100 documents with classification markings remained at the Mar-a-Lago Club until the FBI searched on Augs 8 , 2022 , all in violation of Title 18 , us Code , sections 1001 , a2 , and 2 . Article 38 , false statements and representations . 18 . Usc 1001 , a2 .
93 , the general allegations of this indictment are realleged and fully incorporated hereby reference . 94 , on May 26 , 2022 , nada participated in a voluntary interview with the FBI .
During the interview , the FBI explained to NADA that the FBI was investigating how classified documents had been kept at the Mar-a-Lago Club , and the FBI asked NADA questions about the location and movement of Trump's boxes before Trump provided 15 boxes to NADA on January 17 , 2022 .
Nada was represented by counsel and the FBI advised NADA that the interview was voluntary and that he could leave at any time . The FBI also advised NADA that it was a criminal offense to lie to the FBI . The interview was recorded . 95 , on or about May 26 , 2022 , in Palm Beach County , in the Southern District of Florida and elsewhere .
The defendant , waltine NADA , in a matter within the jurisdiction of the executive branch of the United States government , did knowingly and willingly make a materially false , fictitious and fraudulent statement and representation . That is .
In a voluntary interview during a federal criminal investigation being conducted by the FBI , nada was asked the following questions and gave the following false answers . Question does any ? are you aware of any boxes being brought to his home ? His suite ? Answer no . Question .
Alright , so to the best of your knowledge , you're saying that those boxes that you brought onto the truck the first time you ever laid eyes on them was just the day of when Trump employee two needed you to answer correct Question to take them okay .
Question in knowing that we are trying to track the life of these boxes and where they could have been kept and stored and all that kind of stuff ? answer mm-hmm .
Question do you have any information that could that would , that could help us understand , like , where they were kept , how they were kept , were they secured , were they locked Something that makes the intelligence community feel better about these things you know ? Answer I wish , i wish I could tell you . I don't know , i don't , i honestly just don't know .
Question and what so ? so you only saw the 15 boxes , 15 , 17 boxes . Answer mm-hmm . Question the day of the move . Even well , they just showed up that day . Answer they were in Pine Hall . Trump employee two just asked me hey , can we move some boxes ? Question , okay . Answer and I was like okay , question .
So you didn't know , you had no idea how they got there before .
Answer no 96 , the underscored statements and representations above were false , as Nata knew , because one Nata did in fact know that the boxes in Pine Hall had come from the storage room , as Nata himself , with the assistance of Trump employee two , had moved the boxes from the storage room to Pine Hall .
And two Nata had observed the boxes in and moved them to various locations in the Mar-a-Lago Club , all in violation of Title 18 , united States Code , section 1001 , a2 . A true bill , signed the foreperson of the grand jury in the Southern District of Florida and signed Jack Smith , special counsel , the United States Department of Justice .
Thank you for listening to the part of the Interaction Podcast . This has been your host D-Night .