The Trump Indictment - An Outline And Brief Thoughts

I've read the indictment and these are some of my own notes so I could keep track.  My notes are an abbreviated version that might be quicker for people who haven't read the Indictments.  They're below.  But first I'll make some comments based on what I've read.

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.  

2.  The indictments are very specific and there is lots of evidence showing

• Trump knew the law 
• He broke the law
• He tried to cover it up

He had lots of top secret documents related to national security, to intelligence about other countries' military readiness that he kept in boxes, some in spaces at Mar-a-Lago that members could have gotten into if they poked around a bit.  There are even a couple of cases where Trump shared these documents with others who weren't authorized to see them, and he said that as he showed them.  I can't help wondering what purpose Trump could have to keep all those top secret documents regarding US and other nations' military security, other than to sell or gain other favors.  This is not like a 19 year old stealing street signs to put up in their dorm room.  

But there is nothing hinting of sharing or selling documents with foreign nationals or others who would get them to foreign nationals.  

3.  I'm assuming that if they have such evidence, they are saving it for a different trial.  And that such evidence would be hard to come by.  This case looks like it's intended to be foolproof.  Here's the law, here's how he broke it, here's the evidence.  Only a juror who wanted to sabotage the trial could dispute the evidence that a crime had been committed.  

I have more thoughts on other issues surrounding the indictment, but I'll leave those for now.

Here's my outline so you don't have to read the original, unless you want even more details.

[I'll check for typos and make corrections later.]

INDICTMENTS

GENERAL ALLEGATIONS

Introduction

This section talks about background - 

1. Trump was president, 
2. As president he gathered notes and documents
3. 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
4. Jan. 20 he left White House, ceased to be president, transported boxes to Mar-a-Lago
5. Describes Mar-a-Lago, the events and numbers of people there.  Unauthorized location.
6. Trump twice showed secret documents to people without security clearance 
7. March 30, 2022 FBI opened criminal investigation
8. Lists times Trump withheld documents, subpoenas, and the search of Mar-a-Lago

[Given the limitations of Blogspot lists, I'm going to break the numbering here to at least include main headings.]

TRUMP's Co-Conspirator

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?"

55. TRUMP tells Attorneys 1 and 2 story about Clinton's (doesn't mention her name) attorney who did a great job and deleted 30,000 emails, so she didn't get into trouble.

56-58 - TRUMP arranged for Attorney 1 to search for documents on June 1 without Attorney 2.  Trump postponed departure to be there too.  Then TRUMP had NAUTA about 64 boxes from Storage Room to residence

59. June 1 TRUMP confirms June 2 date to search boxes to certify May 11 subpoena had been complied with fully

60-61 June 2, day Attorney 1 to review boxes, TRUMP has NAUTA and another employee move 30 boxes from residence to storage room

62.  So 64 boxes had been moved from Storage Room but only 30 returned.  Attorney 1 not informed.

The False Certification to the FBI and the Grand Jury

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

Count 33:  Withholding a Document or Record  (more concerning hiding documents)

Count 34:  Corruptly Concealing a Document or Record (Trump had Nauta move boxes around so the attorney's didn't see them.

Count 35:  Concealing a Document in a Federal Investigation

Count 36:  Scheme to Conceal

Count 37:  False Statements and Representations - Trump and Nauta (by moving boxes) caused Attorney 3 to make false statements to the Grand Jury

Count 38:  False Statements and Representations - Nauta lied to FBI during interview