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| Image from Reuters via BBC |
1. There's a co-conspirator also indicted - Waltine Nauta. Nauta is from Guam and was in the Navy and assigned to Trump in the White House as his valet. He followed Trump to Mar-a-Lago post presidency. It's clear that Nauta followed Trump's orders closely, but I'd like to know more about him. Given the job of a 'valet' and looking at this picture, I'd, for now, give him a break. He was clearly caught between his loyalty to his boss - and a valet has a particularly close relationship with his boss - and responding to the FBI and others truthfully. Seems it's akin to a spousal level of confidentiality. (Or maybe I've watched too many British tv shows with butlers and valets.) It seems there are a lot more folks who went along with Trump (and even serve in Congress still) who are far more guilty than Rauta. But as I say. Maybe he's more savvy than I'm giving him credit for, which is why it would be good to learn more bout him.
- Trump knew the law
- He broke the law
- He tried to cover it up
INDICTMENTS
GENERAL ALLEGATIONS
Introduction
This section talks about background -
- Trump was president,
- As president he gathered notes and documents
- The kind of info in the classified documents stored in boxes - defense and weapons capabilities of the US and foreign countries; US nuclear programs, potential vulnerabilities of the US and allies; plans for possible retaliation to a foreign attack. Unauthorized disclosure would put US at risk
- Jan. 20 he left White House, ceased to be president, transported boxes to Mar-a-Lago
- Describes Mar-a-Lago, the events and numbers of people there. Unauthorized location.
- Trump twice showed secret documents to people without security clearance
- March 30, 2022 FBI opened criminal investigation
- Lists times Trump withheld documents, subpoenas, and the search of Mar-a-Lago
9. Defendant NAUTA - was member of Navy, stationed as valet in White House, worked closely and traveled with TRUMP
The Mar-a-Lago Club
10. Location, TRUMP's residence. more than 25 guest rooms, two ballrooms, spa, gift store, exercise facilities, office space, and outdoor pool and patio. As of Jan 2021 had hundreds of members, staffed by more than 150 full, part-time, and temp employees.
11. From Jan 2021 to Aug 2022 hosed more than 150 social events and drew tens of thousands of guests
12. US Secret Service provided protection services to TRUMP and family at Mar-a-Lago, but was not responsible for protecting the boxes or their contents. He did not inform of them of contents.
Classified Information
13. Description of National Security and 3 levels of classification - Top Secret, Secret, and Confidential
14. NOFORN = "Not Releasable to Foreign Nationals"
15. Classified info related to intelligence sources, etc. was designated Sensitive Compartmented Info (SCI)
16. Another classification was Special Access Programs (SAPs) to further protect classified documents.
17. Only authorized people eligible for access to classified info. After presidency TRUMP was not authorized to possess or retain classified documents.
18. Executive Order 13526 provided former president could get waiver if approved. TRUMP didn't get a waiver.
The Executive Brand Departments and Agencies Whose
Classified Documents TRUMP Retained After His Presidency
17 - 21 List agencies Trump got briefings from as president. 21 lists agencies he retained documents from after he left office: CIA, DoD, NSA, National Geospatial Intelligence Agency, National Reconnaissance Office, Department of Energy, Department of State and Bureau of Intelligence and Research
TRUMP's Public Statements on Classified Information
22. 5 Public Statements TRUMP made as candidate for president about classified info
23. A statement he made as president on classified information
TRUMP's Retention of Classified Documents After His Presidency
24-26 Describe TRUMP taking documents from White House and storing them at Mar-a-Lago with pictures. Nauta is mentioned as doing much of this work
27-32 Texts, descriptions, photos regarding moving of boxes around Mar-a-Lago showing Trump directly involved, including NAUTA reporting finding a box knocked over and documents marked secret and 'TRUMP caused' boxes to be moved to Bedminster Club, also not authorized for classified documents.
33-34. July 21, 2021 Trump, no longer president showed reporter and publisher classified documents during interview (reporter was recording the interview)
35. August or September 2021 met with representative of his PAC at Bedminster Club and shared document on ongoing military operation in Country B
36. Feb 16, 2017 Trump press conference statement about the media printing classified info "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 CardboardBoxes to the
National Archives and Records Administration
37. Beginning May 2021 NARA repeatedly demanded documents
38-45 Descriptions, including text messages and photos between Nauta, Employees 1 and 2, and Trump regarding storage and moving of boxes containing classified documents are Mar-a-Lago. Includes moving boxes to Trump's office so he can go through them.
46. January 17, 2022 "Employee 2 and NAUTA gathered 15 boxes [there were still lots more boxes] from TRUMP's residence, loaded the boxes in NAUTA's car, and took them to a commercial truck for delivery to NARA."
47. NAUTA'S May 2022 FBI interview he made "false and misleading statements" regarding his knowledge of how many boxes, where they came from, how they'd gotten into Trump's residence etc.
48. In the 15 boxes provided to NARA, NARA determine 14 boxes contained classified documents. FBI later determined boxes had 197 documents with classification markings, of which 98 were marked "SECRET," 30 were marked "TOP SECRET," and the rest "CONFIDENTIAL."
49. Feb 9, 2022, NARA referred discovery of classified documents in TRUMP's boxes to Dept of Justice.
The FBI and Grand Jury Investigation
50. March 30, 2022 FBI opened criminal investigation
51. April 26, 2022 federal grand jury opened an investigation
The Defendants' Concealment of Boxes
52. May 11, 2022 grand jury subpoena to Office of Donald J. Trump requiring of production of all documents with classification markings in possession, custody, or control of TRUMP. Trump Attorneys 1 and 2 inform TRUMP of Subpoena and he authorizes Attorney 1 to accept service.
53. May 22, 2022 NAUTA spent 34 minutes in Storage Room and carried out one box
54 May 23, Attorneys 1 and 2 meet with TRUMP to say they needed to search for documents responsive to subpoena and provide certification of compliance. Trump tells Attorney 2
- "I don't want anybody looking through my boxes, I really don't, I don't want you looking through my boxes"
- "Well what if we, what happens if we just don't respond at all or don't play ball with them?"
- "Wouldn't it be better if we just told them we don't have anything here?"
- "Well look isn't it better if there are no documents?"
63 June 2 TRUMP met with Attorney 1 before review NAUTA takes Attorney 1 to Storage Room
64. Attorney 1 2.5 hours reviewing boxes. Fnds 38 documents with classification makings, removes them, puts them in Redweld folder and seals with clear duct tape.
65. After TRUMP meets with Attorney 1 and asks if he found anything, Is it bad? Good?
66. Trump suggests Attorney 1 take the folder back to his hotel room and put them in safe. Asks him (in gestures) to pluck out anything really bad.
67. Attorney 1 notifies DoJ and asks FBI agent to meet him at Mar-a-Lago to pick up documents responsive to May 22 Subpoena.
68. TRUMP tells Attorney 1 to have Attorney 3 act as custodian of records and sign certification, even though Attorney 3 had no role in review of documents
69-70 Next day Attorney 3 falsely certifies documents
71 Trump joined Attorneys 1 and 3 to turn over folder to FBI and said he was an open book
72 Earlier that day NAUTA and others loaded several boxes on plane that flew TRUMP north for summer
The Court-Authorized Search of The Mar-a-Lago Club
73. July 2022, FBI and grand jury obtained and reviewed surveillance video from Mar-A-Lago showing movement of boxes set forth above.
74. August 8, 2022 FBI executed court-authorized search warrant at Mar-a-Lago to search for and seize all documents with classification markings.
75. During search, FBI seized 102 documents with classification markings in TRUMP's office and Storage Room. Office - 27 docs, 6 top secret, 18 secret, 3 confidential Storage Room- 75 docs, 11 top secret, 36 secret, 28 confidential
COUNTS 1-31
WILLFUL RETENTION OF NATIONAL DEFENSE INFORMATION
76-77 Counts 1-31 lists 31 Top Secret documents in Trump's possession and which he had his valet move back and forth to hide from his attorneys and from the FBI and other agencies. The documents had descriptions like:
- "Document dated March 2020 concerning military operations against United States forces and others"
- "Document dated December 2019 concerning foreign country support of terrorist acts against United States interests"
- "Document dated October 21, 2018, concerning communications with a leader of a foreign country"
Count 32: Conspiracy to Obstruct Justice
This count includes:
- 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 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
Meanwhile, across 'The pond', we have the stinging rebuke pouring from our now ex-prime minister (and today, ex-MP) Boris Johnson sounding ever so Trumpish in denying he lied to Parliament (a grievous matter in the UK in that it can and has resulted in the Parliamentary committee charged with reviewing his conduct, to lay out in its report of findings this coming Monday, that Boris be removed from Parliament). This is the British method of impeachment, trial and removal from office, a political leader.
ReplyDeleteHow these two men, in two different countries, both took the stage in a populist rise to power is as frightening as it is amazing. The important matter is how each of our countries creates a peace with the people who elected them is another matter seen through a cultural lens.
Having lived in both these countries, I can attest to their similarities (and differences). The USA has always frightened the sensibilities of European courts & parliaments. Politics in the US can be fought with brass-knuckles, after all. But essentially, each polity must deal with what it calls 'outlaws' in its political affairs.
The British finally had enough with Boris. Will the Americans finally call it quits on 'The' Donald? Political polling show Brits have finally agreed Boris lied.
Correction to my earlier (Anonymous) post above: The Parliamentary committee charged with reviewing guilt or innocence in this matter has power limited to remanding the 'guilty as charged' MP back to his local constituency to face re-election. It is left to these voters, ultimately, whether a so-charged member of Parliament will be removed from the office of Prime Minister. In this case, Boris quit as he did not wish to stand for re-election.
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