Listen to the Indictment

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Speaker 2 The following is a reading of the Trump Classified Documents indictment.

Speaker 5 Parts of the text have been edited for clarity and ease of listening.

Speaker 8 United States of America vs.

Speaker 9 Donald J.

Speaker 10 Trump and Walt Nada.

Speaker 12 Introduction. Introduction.

Speaker 13 1.

Speaker 14 Defendant Donald J.

Speaker 15 Trump was the 45th President of the United States of America.

Speaker 18 He held office from January 20th, 2017, until January 20th, 2021.

Speaker 16 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.

Speaker 13 2.

Speaker 13 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.

Speaker 33 Among the materials Trump stored in his boxes were hundreds of classified documents.

Speaker 13 3.

Speaker 16 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.

Speaker 24 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.

Speaker 13 4.

Speaker 32 At 12 p.m.

Speaker 2 on January 20, 2021, Trump ceased to be president.

Speaker 33 As he departed the White House, Trump caused 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.

Speaker 4 Trump was not authorized to possess or retain those classified documents.

Speaker 13 5.

Speaker 45 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.

Speaker 50 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.

Speaker 13 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, an office space, his bedroom, and a storage room.

Speaker 13 6.

Speaker 6 On two occasions in 2021, Trump showed classified documents to others, as follows.

Speaker 13 A.

Speaker 34 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.

Speaker 27 Trump told the individuals that the plan was highly confidential and secret.

Speaker 60 Trump also said, As President I could have declassified it, and now I can't, you know, but this is still a secret.

Speaker 13 b.

Speaker 4 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.

Speaker 21 7.

Speaker 62 On March 30, 2022, the Federal Bureau of Investigation, FBI, opened a criminal investigation into the unlawful retention of classified documents at the Mar-a-Lago Club.

Speaker 65 A federal grand jury investigation began the next month.

Speaker 66 The grand jury issued a subpoena requiring Trump to turn over all documents with classification markings.

Speaker 24 Trump endeavored to obstruct the FBI and grand jury investigations and conceal his continued retention of classified documents by, among other things, A.

Speaker 64 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.

Speaker 13 B.

Speaker 3 Directing defendant Walteen Nauta to move boxes of documents to conceal them from Trump's attorney, the FBI, and the grand jury.

Speaker 74 C.

Speaker 9 Suggesting that his attorney hide or destroy documents called for by the grand jury subpoena.

Speaker 13 D.

Speaker 9 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.

Speaker 13 And E.

Speaker 8 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.

Speaker 13 8.

Speaker 3 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.

Speaker 13 A.

Speaker 3 On January 17th, 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 documents with classification markings.

Speaker 13 B.

Speaker 23 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.

Speaker 13 C.

Speaker 9 On August 8, pursuant to a court-authorized search warrant, the FBI recovered from Trump's office and a storage room at the Mar-a-Lago Club, 102 more documents with classification markings.

Speaker 80 Trump's co-conspirator, 9.

Speaker 81 Defendant Nada, was a member of the United States Navy stationed as a valet in the White House during Trump's presidency.

Speaker 45 Beginning in August 2021, Nada became an executive assistant in the office of Donald J.

Speaker 17 Trump and served as Trump's personal aide or bodyman.

Speaker 38 Nada reported to Trump, worked closely with Trump, and traveled with Trump.

Speaker 13 The Mar-a-Lago Club.

Speaker 65 10.

Speaker 19 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 ballrooms, a spa, a gift store, exercise facilities, office space, and an outdoor pool and patio.

Speaker 43 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.

Speaker 13 11.

Speaker 43 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.

Speaker 13 12.

Speaker 56 The United States Secret Service, the 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.

Speaker 36 Trump did not inform the Secret Service that he was storing boxes containing classified documents at the Mar-a-Lago Club.

Speaker 88 Classified information 13.

Speaker 4 National security information was information owned by, produced by, produced for, and under the control of the United States government.

Speaker 68 Pursuant to Executive Order 12958, signed on April 17, 1995, as amended by 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.

Speaker 13 A.

Speaker 40 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.

Speaker 13 b

Speaker 66 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.

Speaker 13 c.

Speaker 17 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 classification authority was able to identify or describe.

Speaker 93 14.

Speaker 91 The classification marking no foreign stood for not releasable to foreign nationals and denoted that dissemination of that information was limited to United States persons.

Speaker 89 15.

Speaker 48 Classified information related to intelligence sources, methods, and analytical processes was designated as sensitive compartmented information, SCI.

Speaker 96 SCI was to be processed, stored, used, or discussed in an accredited sensitive compartmented information facility, CIF, and only individuals with the appropriate security clearance and additional SCI permissions were authorized to have access to such national security information.

Speaker 89 16.

Speaker 98 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, SAPs, to further protect the classified information.

Speaker 28 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.

Speaker 29 Only individuals with the appropriate security clearance and additional SAP permissions were authorized to have access to such national security information, which was subject to enhanced handling and storage requirements.

Speaker 7 17.

Speaker 2 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 and who had signed an approved non-disclosure agreement, who received a security clearance, and who had a need to know the classified information.

Speaker 5 After his presidency, Trump was not authorized to possess or retain classified documents.

Speaker 89 18.

Speaker 2 Executive Order 13526 provided that a former president could obtain a waiver of the need-to-know requirement if the agency head or senior agency official of the agency that originated the classified information, one, determined in writing that access was consistent with the interest of national security, and 2.

Speaker 37 took appropriate steps to protect classified information from unauthorized disclosure or compromise and ensured that the information was safeguarded in a manner consistent with the order.

Speaker 24 Trump did not obtain any such waiver after his presidency.

Speaker 4 The executive branch departments and agencies whose classified documents Trump retained after his presidency.

Speaker 89 19.

Speaker 100 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.

Speaker 65 He regularly received a collection of classified intelligence from the United States Intelligence Community, USIC, known as the President's Daily Brief.

Speaker 45 20.

Speaker 3 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 could make sound decisions to protect the United States.

Speaker 99 The USIC consisted of United States executive branch departments and agencies responsible for the conduct of foreign relations and the protection of national security.

Speaker 20 21.

Speaker 26 After his presidency, Trump retained classified documents originated by or implicating the equities of multiple USIC members and other executive branch departments and agencies.

Speaker 46 Trump's Public Statements on Classified Information.

Speaker 45 22.

Speaker 61 As a candidate for President of the United States, Trump made the following public statements, among others, about classified information.

Speaker 13 A.

Speaker 55 On August 18, 2016, Trump stated, In my administration, I'm going to enforce all laws concerning the protection of classified information.

Speaker 105 No one will be above the law.

Speaker 13 B.

Speaker 59 On September 6, 2016, Trump stated, We also need to fight this battle by collecting intelligence and then protecting, protecting our classified secrets.

Speaker 24 We can't have someone in the Oval Office who doesn't understand the meaning of the word confidential or classified.

Speaker 13 C.

Speaker 42 On September 7, 2016, Trump stated, 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.

Speaker 13 D.

Speaker 71 On September 19, 2016, Trump stated, We also need the best protection of classified information.

Speaker 13 E.

Speaker 9 On November 3, 2016, Trump stated, Service members here in North Carolina have risked their lives to acquire classified intelligence to protect our country.

Speaker 78 23.

Speaker 96 As President of the United States, on July 26, 2018, Trump issued the following statement about classified information.

Speaker 37 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.

Speaker 76 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 in government has ended.

Speaker 7 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.

Speaker 24 Any access granted to our nation's secrets should be in furtherance of national, not personal, interests.

Speaker 4 Trump's Retention of Classified Documents After His Presidency 24

Speaker 56 In January 2021, as he was preparing to leave the White House, Trump and his White House staff, including NATA, packed items, including some of Trump's boxes.

Speaker 34 Trump was personally involved in this process.

Speaker 4 Trump caused his boxes, containing hundreds of classified documents, to be transported from the White House to the Mar-a-Lago Club.

Speaker 63 25.

Speaker 34 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.

Speaker 33 Trump's boxes were for a time stacked on the ballroom stage.

Speaker 74 26.

Speaker 33 In March 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.

Speaker 44 27.

Speaker 82 On April 5th, 2021, an employee of the office of Donald J.

Speaker 38 Trump, Trump Employee 1, texted another employee of that office, Trump Employee 2.

Speaker 54 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.

Speaker 4 Trump employee 2 replied, Whoa, okay, so POTUS specifically asked Walt for those boxes to be in the business center because they are his papers.

Speaker 9 Later that day, Trump employee 1 and Trump Employee 2 exchanged the following text messages.

Speaker 107 Trump Employee 2.

Speaker 17 We can definitely make it work if we move his papers into the lake room.

Speaker 55 Trump Employee 1.

Speaker 24 There is still a little room in the shower where his other stuff is.

Speaker 6 Is it only his papers he cares about?

Speaker 25 There's some other stuff in there that are not papers.

Speaker 5 Could that go to storage?

Speaker 55 Or does he want everything in there on property?

Speaker 107 Trump Employee 2.

Speaker 25 Yes, anything that's not the beautiful mine paper boxes can definitely go to storage.

Speaker 38 Want to take a look at the space and start moving tomorrow a.m.?

Speaker 96 28.

Speaker 20 After the text exchange between Trump Employee 1 and Trump Employee 2 in April 2021, some of Trump's boxes were moved from the business center to a bathroom and shower in the Mar-a-Lago Club's lake room.

Speaker 90 29.

Speaker 13 In May 2021, Trump directed directed that a storage room on the ground floor of the Mar-a-Lago Club, the storage room, be cleaned out so that it could be used to store his boxes.

Speaker 45 The hallway leading to the storage room could be reached from multiple outside entrances, including one accessible from the Mara Lago Club pool patio, through a doorway that was often kept open.

Speaker 77 The storage room was near the liquor supply closet, linen room, lock shop, and various other rooms.

Speaker 13 30.

Speaker 55 On June 24th, 2021, Trump's boxes that were in the lake room were moved to the storage room.

Speaker 50 After the move, there were more than 80 boxes in the storage room.

Speaker 78 31.

Speaker 46 On December 7, 2021, NATA found several of Trump's boxes fallen and their contents spilled onto the floor of the storage room, including a document marked, Secret slash slash REL to USA, FV.

Speaker 108 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 Kingdom, and the United States.

Speaker 71 Nada texted Trump employee 2.

Speaker 46 I opened the door and found this.

Speaker 40 Nada also attached two photographs he took of the spill.

Speaker 109 Trump employee 2 replied, Oh no, oh no, and I'm sorry POTUS had my phone.

Speaker 34 Trump's unlawful retention of this document is charged in Count 8 of this indictment.

Speaker 25 Trump's Disclosures of Classified Information in Private Meetings, 32.

Speaker 42 In May 2021, Trump caused some of his boxes to be brought to his summer residence at the Bedminster Club.

Speaker 34 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.

Speaker 87 33.

Speaker 24 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 then-forthcoming book.

Speaker 34 Two members of Trump's staff also attended the interview, which was recorded with Trump's knowledge and consent.

Speaker 58 Before the interview, the media had published reports that, at the end of Trump's term as president, a senior military official, the 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.

Speaker 94 34.

Speaker 69 Upon greeting the writer, publisher, and his two staff members, Trump stated, Look what I found.

Speaker 47 This was the senior military official's plan of attack.

Speaker 13 Read it.

Speaker 96 And just show.

Speaker 102 It's interesting.

Speaker 92 Later in the interview, Trump engaged in the following exchange.

Speaker 13 Trump.

Speaker 58 Well, with the senior military official, uh, let me see that.

Speaker 45 I'll show you an example.

Speaker 24 He said that I wanted to attack country A.

Speaker 2 Isn't it amazing?

Speaker 59 I have a big pile of papers.

Speaker 7 This thing just came up.

Speaker 58 Look, this was him.

Speaker 26 They presented me this.

Speaker 56 This is off the record, but they presented me this.

Speaker 58 This was him.

Speaker 17 This was the Defense Department and him.

Speaker 13 Writer. Wow.
Trump.

Speaker 53 We looked at some. This was him.

Speaker 17 This wasn't done by me.

Speaker 58 This was him.

Speaker 87 All sorts of stuff.

Speaker 105 Pages long. Look.

Speaker 13 Staffer. Mm.
Trump.

Speaker 55 Wait a minute. Let's see here.

Speaker 13 Staffer.

Speaker 56 Laughter.

Speaker 13 Yeah. Trump.

Speaker 46 I just found, isn't that amazing?

Speaker 31 This totally wins my case, you know?

Speaker 13 Staffer. Mm-hmm.
Trump.

Speaker 85 Except it is, like, highly confidential.

Speaker 13 Staffer. Yeah.
Laughter. Trump.

Speaker 87 Secret.

Speaker 95 This is secret information. Look, look at this.

Speaker 53 You attack and by the way, isn't that incredible?

Speaker 13 Staffer. Yeah.
Trump.

Speaker 2 I was just thinking because we were talking about, and you know he said he wanted to at country A and what?

Speaker 13 Ut it.

Speaker 63 TAC staffer.

Speaker 13 You did.

Speaker 11 Trump.

Speaker 17 This was done by the military and given to me.

Speaker 59 I think we can probably write.

Speaker 13 Uh. Staffer.

Speaker 109 I don't know, we'll we'll have to see.

Speaker 53 Yeah, we'll have to try to Trump.

Speaker 4 Declassify it.

Speaker 13 Staffer.

Speaker 97 Figure out a yeah.

Speaker 13 Trump.

Speaker 24 See, as president, I could have declassified it.

Speaker 13 Staffer. Yeah.
Laughter. Trump.

Speaker 19 Now I can't, you know, but this is still a secret.

Speaker 13 Staffer. Yeah.
Laughter. Now we have a problem.

Speaker 39 Trump. Isn't that interesting?

Speaker 87 At the time of this exchange, the writer, 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.

Speaker 34 In August or September 2021, when he was no longer president, Trump met in his office at the Bedminster Club with a representative of his political action committee, the PAC representative.

Speaker 110 During the meeting, Trump commented that an ongoing military operation in Country B was not going well.

Speaker 2 Trump showed the PIAC representative a classified map of country B and told the PC representative that he should not be showing the map to the PC representative and to not get too close.

Speaker 2 The PC representative did not have a security clearance or any need to know classified information about the military operation.

Speaker 96 36.

Speaker 36 On February 16, 2017, four years before Trump's disclosures of classified information set forth above, Trump said at a press conference, The first thing I thought of when I heard about it is, how does the press get this information that's classified?

Speaker 13 How do they do it?

Speaker 16 You know why?

Speaker 14 Because it's an illegal process, and the press should be ashamed of themselves.

Speaker 75 But more importantly, the people that gave out the information to the press should be ashamed of themselves.

Speaker 64 Really ashamed.

Speaker 36 Trump's Production of 15 Cardboard Boxes to the National Archives and Records Administration.

Speaker 40 37.

Speaker 53 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.

Speaker 49 On multiple occasions, beginning in June, NARA warned Trump through his representatives that if he did not comply, it would refer the matter of the missing records to the Department of Justice.

Speaker 13 38.

Speaker 61 Between November 2021 and January 2022, NATA and Trump employee two, at Trump's direction, brought boxes from the storage room to Trump's residence for Trump to review.

Speaker 11 39.

Speaker 50 On November 12, 2021, Trump Employee 2 provided Trump 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.

Speaker 38 Trump employee 2 provided Trump the photograph, so that Trump 40.

Speaker 59 On November 17th, 2021, Nada texted Trump Employee 2 about the photograph Trump Employee 2 had provided to Trump, stating, He mentioned about a picture of the boxes.

Speaker 74 He wants me to see it.

Speaker 107 Trump Employee 2 replied, Calling you shortly.

Speaker 20 41.

Speaker 29 On November 25th, 2021, Trump Employee 2 texted Nada about Trump's review of the contents of his boxes, asking, Has he mentioned boxes to you?

Speaker 32 I delivered some, but I think he may need more.

Speaker 59 Could you ask if he'd like more in Pine Hall?

Speaker 10 Pine Hall was an entry room in Trump's residence.

Speaker 59 Nada replied in three successive text messages.

Speaker 54 Nothing about boxes yet.

Speaker 2 He has one he's working on in Pine Hall.

Speaker 40 Knocked out two boxes yesterday, 42.

Speaker 85 On November 29, 2021, Trump employee 2 texted Nada, asking, Next you are on property, no rush.

Speaker 17 Could you help me bring four more boxes up?

Speaker 56 Nada replied, yes, of course.

Speaker 79 43.

Speaker 38 On December 29, 2021, Trump employee 2 texted a Trump representative who was in contact with NARA, Trump Representative 1.

Speaker 9 Box answer will be wrenched out of him today, promise.

Speaker 46 The next day, Trump Representative 1 replied in two successive text messages.

Speaker 24 Could see how many of his boxes were stored in the storage room.

Speaker 27 Hey, just checking on boxes. Would love to have a number to them today.

Speaker 2 Trump employee 2 spoke to Trump and then responded a few hours later in two successive text messages.

Speaker 42 12 is his number, 44.

Speaker 33 On January 13th, 2022, Nada texted Trump Employee 2 about Trump's tracking of boxes, stating, he's tracking the boxes, more to follow today on whether he wants to go through more today or tomorrow.

Speaker 107 Trump employee 2 replied, thank you.

Speaker 63 45.

Speaker 24 On January 15th, 2022, Nada sent Trump Employee 2 four successive text messages.

Speaker 88 One thing he asked was for new covers for the boxes.

Speaker 43 For Monday, Emma Morning Asterisk, can we get new box covers before giving these to them on Monday?

Speaker 59 They have too much writing on them.

Speaker 107 I marked too much, Trump employee 2 replied, yes, I will get that.

Speaker 84 46.

Speaker 28 On January 17, 2022, Trump employee 2 and Nada gathered 15 boxes from Trump's residence, loaded the boxes in Nada's car, and took them to a commercial truck for delivery to NARA.

Speaker 40 47.

Speaker 6 When interviewed by the FBI in May 2022 regarding the location and movement of boxes before the production to NARA, Nada made false and misleading statements as set forth in Count 38 of this indictment, including, A.

Speaker 37 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.

Speaker 2 B.

Speaker 34 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.

Speaker 87 And C.

Speaker 74 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, Nada falsely responded, I wish, I wish I could tell you.

Speaker 109 I don't know.

Speaker 40 I don't, I honestly just don't know.

Speaker 13 48.

Speaker 3 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.

Speaker 23 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.

Speaker 23 Some of those documents also contained SCI and SAP markings.

Speaker 11 49.

Speaker 4 On February 9, 2022, NARA referred the discovery of classified documents in Trump's boxes to the Department of Justice for investigation.

Speaker 62 The FBI and Grand Jury Investigations.

Speaker 13 50.

Speaker 45 On March 30th, 2022, the FBI opened a criminal investigation.

Speaker 83 51.

Speaker 45 On April 26, 2022, a federal grand jury opened an investigation.

Speaker 24 The defendants' concealment of boxes.

Speaker 15 52.

Speaker 66 On May 11, 2022, the grand jury issued a subpoena, the May 11th subpoena, to the Office of Donald J.

Speaker 46 Trump, requiring the production of all documents with classification markings in the possession, custody, or control of Trump or the Office of Donald J.

Speaker 106 Trump.

Speaker 9 Two attorneys representing Trump, Trump Attorney 1 and Trump Attorney 2, informed Trump of the May 11th subpoena, and he authorized Trump Attorney 1 to accept service.

Speaker 84 53.

Speaker 45 On May 22, 2022, Nada entered the storage room at 3.47 p.m.

Speaker 2 and left approximately 34 minutes later, carrying one of Trump's boxes.

Speaker 94 54.

Speaker 72 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 11th subpoena.

Speaker 46 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.

Speaker 44 Trump, in sum and substance, made the following statements, among others, as memorialized by Trump Attorney 1.

Speaker 13 A.

Speaker 55 I don't want anybody looking.

Speaker 54 I don't want anybody looking through my boxes.

Speaker 2 I really don't.

Speaker 39 I don't want you looking through my boxes.

Speaker 13 B.

Speaker 105 Well, what if we?

Speaker 76 What happens, if we just don't respond at all or don't play ball with them?

Speaker 13 C.

Speaker 24 Wouldn't Wouldn't it be better if we just told them we don't have anything here?

Speaker 13 D.

Speaker 17 Well, look, isn't it better if there are no documents?

Speaker 63 55.

Speaker 7 While meeting with Trump Attorney 1 and Trump Attorney 2 on May 23rd, Trump, in sum and substance, told the following story, as memorialized by Trump Attorney 1, Attorney, he was great.

Speaker 59 He did a great job.

Speaker 49 You know what?

Speaker 94 He said, He said that it 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.

Speaker 2 And he was great. And he ⁇ so she didn't get in any trouble because he said that he was the one who deleted them.

Speaker 38 Trump related the story more than once that day, 56.

Speaker 80 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 2nd to search for any documents with classification markings to produce in response to the May 11 subpoena.

Speaker 33 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.

Speaker 24 Trump indicated that he wanted to be at the Mar-a-Lago Club when Trump Attorney One returned to review his boxes on June 2 and that Trump would change his summer travel plans to do so.

Speaker 72 Trump told Trump Attorney 2 that Trump Attorney 2 did not need to be present for the review of boxes.

Speaker 19 57.

Speaker 24 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 Bedminster Club for the summer so that he would be present at the Mar-a-Lago Club on June 2nd when Trump Attorney 1 returned to review the boxes.

Speaker 96 58.

Speaker 34 Between Trump's May 23 meeting with Trump Attorney 1 and Trump Attorney 2 to discuss the May 11th subpoena, and June 2nd, when Trump Attorney 1 returned to the Mar-a-Lago Club to review the boxes in the storage room, Nada removed, at Trump's direction, a total of approximately 64 boxes from the storage room and brought them to Trump's residence, as set forth below.

Speaker 13 A.

Speaker 45 On May 24th, 2022, between 5:30 p.m.

Speaker 71 and 5:38 p.m., Nada removed three boxes from the storage room.

Speaker 13 B.

Speaker 110 On May 30, 2022 at 9.08 a.m., Trump and Nada spoke by phone for approximately 30 seconds.

Speaker 55 Between 10.02 a.m.

Speaker 34 and 11.51 a.m., Nada removed a total of approximately 50 boxes from the storage room.

Speaker 13 C.

Speaker 9 On May 30, 2022, at 12.33 p.m., A Trump family member texted Nada.

Speaker 32 Good afternoon, Walt.

Speaker 101 Happy Memorial Day.

Speaker 42 I saw you put boxes to POTUS Room.

Speaker 29 Just FYI and I will tell him as well.

Speaker 91 Not sure how many he wants to take on Friday on the plane.

Speaker 55 We will not have a room for them.

Speaker 59 Plane will be full with luggage.

Speaker 112 Thank you.

Speaker 110 Nada replied.

Speaker 71 Good afternoon, ma'am.

Speaker 88 Smiley face emoji.

Speaker 66 Thank you so much.

Speaker 9 I think he wanted to pick from them.

Speaker 65 I don't imagine him wanting to take the boxes.

Speaker 24 He told me to put them in the room and that he was going to talk to you about them.

Speaker 25 D.

Speaker 89 On June 1st, 2022, beginning at 12:52 p.m., NATA removed approximately 11 boxes from the storage room.

Speaker 11 59.

Speaker 27 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.

Speaker 50 Trump Attorney One reminded Trump that Trump Attorney One was going to review the boxes that had been transported from the White House and remained in storage at the Mar-a-Lago Club, so that Trump Attorney One could have a custodian of records certify that the May 11th subpoena had been complied with fully.

Speaker 87 60.

Speaker 90 On June 2, 2022, the day that Trump Attorney One was scheduled to review Trump's boxes in the storage room, Trump spoke with Nada on the phone at 9.29 a.m.

Speaker 25 for approximately 24 seconds.

Speaker 40 61.

Speaker 59 Later that day, between 12.33 p.m.

Speaker 13 and 12.52 p.m., Nada and an employee of the Mar-a-Lago Club moved approximately 30 boxes from Trump's residence to the storage room.

Speaker 87 62.

Speaker 110 In sum, between May 23, 2022 and June 2, 2022, before Trump Attorney 1's review of Trump's boxes in the storage room, NADA, 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.

Speaker 25 Neither Trump nor NADA informed Trump Attorney 1 of this information.

Speaker 15 The false certification to the FBI and the grand jury.

Speaker 87 63.

Speaker 105 On the afternoon of June 2, 2022, as Trump had been informed, Trump Attorney 1 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.

Speaker 9 Trump met with Trump Attorney 1 before Trump Attorney 1 conducted the review. Nada escorted Trump Attorney 1 to the storage room.

Speaker 94 64.

Speaker 15 Between 3.53 p.m.

Speaker 9 and 6.23 p.m., Trump Attorney 1 reviewed the contents of Trump's boxes in the storage room.

Speaker 34 Trump Attorney 1 located 38 documents with classification markings inside the boxes, which Trump Attorney 1 removed and placed in a Redweld folder.

Speaker 72 Trump Attorney 1 contacted Nada and asked him to bring clear duct tape to the storage room, which Nada did.

Speaker 9 Trump Attorney 1 used the clear duct tape to seal the Redweld folder with the documents with classification markings inside.

Speaker 63 65.

Speaker 14 After Trump Attorney One finished sealing the Redweld folder containing the documents with classification markings that he had found inside Trump's boxes, Nada took Trump Attorney 1 to a dining room in the Mar-a-Lago Club to meet with Trump.

Speaker 9 After Trump Attorney 1 confirmed that he was finished with his search of the storage room, Trump asked, Did you find anything?

Speaker 21 Is it bad?

Speaker 13 Good?

Speaker 87 66.

Speaker 23 Trump and Trump Attorney 1 then discussed what to do with the Redweld folder containing documents with classification markings and whether Trump Attorney One should bring them to his hotel room and put them in a safe there.

Speaker 46 During that conversation, Trump made a plucking motion, as memorialized by Trump Attorney One.

Speaker 15 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.

Speaker 81 And that was the motion that he made.

Speaker 32 He didn't say that.

Speaker 40 67.

Speaker 13 That evening, Trump Attorney 1 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.

Speaker 87 68.

Speaker 17 Also that evening, Trump Attorney 1 contacted another Trump attorney, Trump Attorney 3, 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 documents with classification markings in response to the May 11th subpoena.

Speaker 33 Trump Attorney 3, who had no role in the review of Trump's boxes in the storage room, agreed.

Speaker 11 69.

Speaker 80 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.

Speaker 4 Trump and took it to the Mar-a-Lago Club to provide it to the Department of Justice and FBI.

Speaker 3 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 based upon the information that had been provided to her.

Speaker 13 A.

Speaker 22 A diligent search was conducted of the boxes that were moved from the White House to Florida.

Speaker 13 B.

Speaker 97 This search was conducted after receipt of the subpoena, in order to locate any and all documents that are responsive to the subpoena.

Speaker 87 And C.

Speaker 46 Any and all responsive documents accompany this certification.

Speaker 53 70.

Speaker 38 These statements were false because, among other reasons, Trump had directed NATA 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.

Speaker 16 71.

Speaker 9 Shortly after Trump Attorney 3 executed the false certification, on June 3, 2022, Trump Attorney 1 and Trump Attorney 3 met at the Mar-a-Lago Club with personnel from the Department of Justice and FBI.

Speaker 23 Trump Attorney 1 and Trump Attorney 3 turned over the Redweld folder containing documents with classification markings, as well as the false certification signed by Trump Attorney 3 as custodian of records.

Speaker 9 Trump, who had delayed his departure from the Mar-a-Lago Club, joined Trump Attorney 1 and Trump Attorney 3 for some of the meeting.

Speaker 6 Trump claimed to the Department of Justice and FBI that he was an open book.

Speaker 26 72.

Speaker 36 Earlier that same 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.

Speaker 40 The court authorized search of the Mara Lago Club.

Speaker 66 73.

Speaker 6 In July 2022, the FBI and grand jury obtained and reviewed surveillance video from the Mara Lago Club showing the movement of boxes set forth above.

Speaker 17 74.

Speaker 2 On August 8, 2022, the FBI executed a court-authorized search warrant at the Mara Lago Club.

Speaker 17 The search warrant authorized the FBI to search for and seize, among other things, all documents with classification markings.

Speaker 40 75.

Speaker 2 During the execution of the warrant at the Mara Lago Club, the FBI seized 102 documents with classification markings in Trump's office and the storage room.

Speaker 46 The conspiracy and its objects, 79.

Speaker 57 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.

Speaker 24 Trump and Walteen Nauta, did knowingly 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 U.S.C., and to corruptly conceal a record, document, and other object from an official proceeding, in violation of 18 U.S.C.L.

Speaker 68 The purpose of the conspiracy.

Speaker 13 80.

Speaker 24 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.

Speaker 65 The manner and means of the conspiracy.

Speaker 20 81.

Speaker 21 The manner and means by which the defendants sought to accomplish the objects and purpose of the conspiracy included, among other things, the following.

Speaker 13 A.

Speaker 64 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.

Speaker 13 B.

Speaker 9 Moving boxes of documents to conceal them from Trump Attorney 1, the FBI, and the grand jury.

Speaker 46 C.

Speaker 24 Suggesting that Trump Attorney 1 hide or destroy documents called for by the May 11th subpoena.

Speaker 13 D.

Speaker 34 Providing to the FBI and grand jury just some of the documents called for by the May 11th subpoena, while Trump claimed he was cooperating fully.

Speaker 23 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.

Speaker 45 All in violation of Title 18, United States Code, Section 1512, 83, 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.

Speaker 24 Trump and Walteen Naughta, 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.

Speaker 34 That is, one, Trump attempted to persuade Trump Attorney One to hide and conceal documents from a federal grand jury, and two, Trump and NATA misled Trump Attorney One by moving boxes that contained documents with classification markings so that Trump Attorney One would not find the documents and produce them to a federal grand jury.

Speaker 68 All in violation of Title 18, United States Code, Sections 1512.

Speaker 63 85.

Speaker 93 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.

Speaker 3 Trump and Walteen Nada, 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.

Speaker 9 That is, Trump and Nada 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.

Speaker 6 All in violation of Title 18, United States Code, Sections 1512-87.

Speaker 70 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.

Speaker 55 Trump and Walteen Nada, did knowingly conceal, cover up, 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, and in relation to and contemplation of any such matter.

Speaker 72 That is, during a federal criminal investigation being conducted by the FBI, one, Trump and Nada hid, concealed, and covered up from the FBI Trump's continued possession of documents with classification markings at the Mar-a-Lago Club, and two, Trump caused a false certification to be submitted to the FBI.

Speaker 45 All in violation of Title 18, United States Code, Sections 1519 and 2, 89, 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.

Speaker 77 Trump and Walteen Nada, 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.

Speaker 110 That is, during a federal grand jury investigation and a federal criminal investigation being conducted by the FBI, Trump and Nada hid and concealed from the grand jury and the FBI Trump's continued possession of documents with classification markings.

Speaker 9 All in violation of Title 18, United States Code, Sections 102, Count 37, False Statements and Representations 18 U.S.C.

Speaker 59 90.

Speaker 2 The general allegations of this indictment are re-alleged and fully incorporated here by reference.

Speaker 90 91.

Speaker 47 On or about June 3, 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, Donald J.

Speaker 106 J.

Speaker 77 Trump, in a matter within the jurisdiction of the judicial branch and executive branch of the United States government, did knowingly and willfully make and cause to be made a materially false, fictitious, and fraudulent statement and representation.

Speaker 83 That is, during a federal grand jury investigation and a federal criminal investigation being conducted by the FBI, Trump caused 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.

Speaker 13 A.

Speaker 22 A diligent search was conducted of the boxes that were moved from the White House to Florida.

Speaker 13 B.

Speaker 101 This search was conducted after receipt of the subpoena in order to locate any and all documents that are responsive to the subpoena.

Speaker 87 And C.

Speaker 46 Any and all responsive documents accompany this certification.

Speaker 70 92.

Speaker 80 The statements and representations set forth above were false, as Trump knew, because Trump had directed that 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.

Speaker 9 Trump Attorney 1's search would not and did not locate all documents responsive to the May 11 subpoena.

Speaker 67 and all responsive documents were not provided to the FBI and the grand jury with the certification.

Speaker 23 In fact, after June 3, 2022, more than 100 documents with classification markings remained at the Mar-a-Lago Club until the FBI search on August 8, 2022.

Speaker 99 All in violation of Title 18, United States Code, Sections 1001, Count 38 False Statements and Representations, 18 U.S.C.

Speaker 17 94.

Speaker 97 On May 26, 2022, Nada participated in a voluntary interview with the FBI.

Speaker 99 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 NARA on January 17, 2022.

Speaker 67 Nada was represented by counsel, and the FBI advised Nada that the interview was voluntary and that he could leave at any time.

Speaker 108 The FBI also also advised Nada that it was a criminal offense to lie to the FBI.

Speaker 17 The interview was recorded.

Speaker 90 95.

Speaker 24 On or about May 26, 2022, in Palm Beach County, in the Southern District of Florida and elsewhere, the defendant, Walteen Nada, in a matter within the jurisdiction of the executive branch of the United States government, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation.

Speaker 73 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.

Speaker 62 Question.

Speaker 39 Does any are you aware of any boxes being brought to his home?

Speaker 111 His suite?

Speaker 52 Answer.

Speaker 11 No.

Speaker 42 Asterisk, asterisk, asterisk.

Speaker 113 Question.

Speaker 13 Alright.

Speaker 97 So, so to the best of your knowledge, you're saying that those boxes that you brought onto the truck, first time you ever laid eyes on them, was just the day of when Trump Employee 2 needed you to Answer.

Speaker 13 Correct.

Speaker 113 Question.

Speaker 98 To take them.

Speaker 13 Okay.

Speaker 113 Question.

Speaker 9 In knowing that we're trying to track the life of these boxes and where they could have been kept and stored and all that kind of stuff?

Speaker 48 Answer.

Speaker 13 Mm-hmm.

Speaker 113 Question.

Speaker 9 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?

Speaker 91 Were they locked?

Speaker 100 Something that makes the intelligence community feel better about these things, you know?

Speaker 46 Answer, I wish, I wish I could tell you.

Speaker 38 I don't know, I don't, I honestly just don't know.

Speaker 113 Question, and what?

Speaker 54 So, so you only saw the 15 boxes, 15, 17 boxes?

Speaker 13 Answer, mm-hmm.

Speaker 113 Question.

Speaker 7 The day of the move, even they just showed up that day?

Speaker 10 Answer, they were in Pine Hall.

Speaker 107 Trump employee too.

Speaker 54 Just asked me, hey, can we move some boxes?

Speaker 113 Question.

Speaker 13 Okay.

Speaker 102 Answer.

Speaker 16 And I was like, okay.

Speaker 113 Question.

Speaker 104 So you didn't know, had no idea how they got there before?

Speaker 48 Answer.

Speaker 11 No.

Speaker 74 96.

Speaker 36 The underscored statements and representations above were false, as Nada knew, because, one, Nada did in fact know that the boxes in Pine Hall had come from the storage room, as Nada himself, with the assistance of Trump employee 2, had moved the boxes from the storage room to Pine Hall.

Speaker 46 And two, Nada had observed the boxes in and moved them to various locations at the Mar-a-Lago Club.

Speaker 16 All in violation of Title 18, United States Code, Section 1001.

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