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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 12:00 p.m. on January 20, 2021, TRUMP ceased to be president. 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. 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 TRUMPs
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 Clubincluding in a
ballroom, a bathroom and shower, an office space, his bedroom, and a storage room.
6. On two occasions in 2021, TRUMP showed classified documents to others, as
follows:
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a. In July 2021, at Trump National Golf Club in Bedminster, New Jersey
(The Bedminster Club), during an audio-recorded meeting with a writer,
a publisher, and two members of his staff, none of whom possessed a
security clearance, TRUMP showed and described a plan of attack that
TRUMP said was prepared for him by the Department of Defense and a
senior military official. TRUMP told the individuals that the plan was
highly confidential and secret. TRUMP also said, as president I could
have declassified it, and, Now I cant, you know, but this is still a secret.
b. In August or September 2021, at The Bedminster Club, TRUMP showed a
representative of his political action committee who did not possess a
security clearance a classified map related to a military operation and told
the representative that he should not be showing it to the representative and
that the representative should not get too close.
7. On March 30, 2022, the Federal Bureau of Investigation (FBI) opened a criminal
investigation into the unlawful retention of classified documents at The Mar-a-Lago Club. A
federal grand jury investigation began the next month. The grand jury issued a subpoena requiring
TRUMP to turn over all documents with classification markings. TRUMP endeavored to obstruct
the FBI and grand jury investigations and conceal his continued retention of classified documents
by, among other things:
a. suggesting that his attorney falsely represent to the FBI and grand jury that
TRUMP did not have documents called for by the grand jury subpoena;
b. directing defendant WALTINE NAUTA to move boxes of documents to
conceal them from TRUMPs 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 producedwhile knowing that, in fact, not all such documents had
been produced.
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8. As a result of TRUMPs 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 classification
markings.
b. On June 3, in response to a grand jury subpoena demanding the production
of all documents with classification markings, TRUMPs 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 TRUMPs office and a storage room at The Mar-a-Lago
Club 102 more documents with classification markings.
TRUMPs Co-Conspirator
9. Defendant NAUTA was a member of the United States Navy stationed as a valet
in the White House during TRUMPs presidency. Beginning in August 2021, NAUTA became
an executive assistant in The Office of Donald J. Trump and served as TRUMPs personal aide or
body man. NAUTA reported to TRUMP, worked closely with TRUMP, and traveled with
TRUMP.
The Mar-a-Lago Club
10. The Mar-a-Lago Club was located on South Ocean Boulevard in Palm Beach,
Florida, and included TRUMPs residence, more than 25 guest rooms, two ballrooms, 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.
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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 (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 TRUMPs boxes or their contents. TRUMP did not
inform the Secret Service that he was storing boxes containing classified documents at The Mara-Lago Club.
Classified Information
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 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:
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 classification authority was
able to identify or describe.
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14. The classification marking NOFORN stood for Not Releasable to Foreign
Nationals and denoted that dissemination of that information was limited to United States
persons.
15. Classified information related to intelligence sources, methods, and analytical
processes was designated as Sensitive Compartmented Information (SCI). SCI was to be
processed, stored, used, or discussed in an accredited Sensitive Compartmented Information
Facility (SCIF), and only individuals with the appropriate security clearance and additional SCI
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 (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 SAP 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 and who had signed an approved non-disclosure
agreement, who received a security clearance, and who had a need-to-know the classified
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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 head or senior agency official of the agency that
originated the classified information: (1) determined in writing that access was consistent with the
interest of national security and (2) 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. 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 Presidents Daily Brief.
20. The USICs mission was to collect, analyze, and deliver foreign intelligence and
counterintelligence information to Americas leaders, including the president, policymakers, law
enforcement, and the military, so they could make sound decisions to protect the United States.
The USIC 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 retained classified documents originated by, or
implicating the equities of, multiple USIC members and other executive branch departments and
agencies, including the following:
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a. The Central Intelligence Agency (CIA). 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.
b. The Department of Defense (DoD). DoD was responsible for providing
the military forces needed to deter war and ensure national security. Some
of the executive branch agencies comprising the USIC were within DoD.
c. The National Security Agency. The National Security Agency was a
combat support agency within DoD and a member of the USIC responsible
for foreign signals intelligence and cybersecurity. This included collecting,
processing, and disseminating to 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 National Geospatial
Intelligence Agency 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 DoD, the
Department of State, and other federal agencies.
e. The National Reconnaissance Office. The National Reconnaissance
Office was an agency within DoD 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 weapons stockpile without nuclear explosive testing.
g. The Department of State and Bureau of Intelligence and Research. The
Department of State 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 USIC
and responsible for providing intelligence to inform diplomacy and support
United States diplomats.
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TRUMPs Public Statements on Classified Information
22. As a 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, In my administration Im 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, We also need to fight this battle
by collecting intelligence and then protecting, protecting our classified
secrets. . . . We cant have someone in the Oval Office who doesnt
understand the meaning of the word confidential or classified.
c. On September 7, 2016, TRUMP stated, [O]ne 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, We also need the best protection
of classified information.
e. On November 3, 2016, TRUMP stated, Service 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 Nations
classified information, including by controlling access to it. . . .
More broadly, the issue of [a former executive branch officials]
security clearance raises larger questions about the practice of
former officials maintaining access to our Nations most sensitive
secrets long after their time in 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.
Any access granted to our Nations secrets should be in furtherance
of national, not personal, interests.
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TRUMPs 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 NAUTA, packed items, including some of TRUMPs 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 TRUMPs boxes were stored in
The Mar-a-Lago Clubs White and Gold Ballroom, in which events and gatherings took place.
TRUMPs boxes were for a time stacked on the ballrooms stage, as depicted in the photograph
below (redacted to obscure an individuals identity).
26. In March 2021, NAUTA and others moved some of TRUMPs boxes from the
White and Gold Ballroom to the business center at The Mar-a-Lago Club.
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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
TRUMPs boxes could be moved out of the business center to make room for staff to use it as an
office. Trump Employee 2 replied, Woah!! Ok so potus specifically asked Walt for those boxes
to be in the business center because they are his 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 is still a little room in the shower where his
other stuff is. Is it only his papers he cares about?
Theres some other stuff in there that are not papers.
Could that go to storage? Or does he want everything
in there on property
Trump Employee 2:
Yes – anything thats 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 TRUMPs boxes were moved from the business center to a bathroom and
shower in The Mar-a-Lago Clubs Lake Room, as depicted in the photograph below.
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29. In May 2021, TRUMP 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.
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 closet, linen room, lock shop, and various
other rooms.
30. On June 24, 2021, TRUMPs 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 the photographs below.
13
31. On December 7, 2021, NAUTA found several of TRUMPs boxes fallen and their
contents spilled onto the floor of the Storage Room, including a document marked SECRET//REL
14
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
Kingdom, and the United States. NAUTA texted Trump Employee 2, I opened the door and
found this NAUTA also attached two photographs he took of the spill. Trump Employee 2
replied, Oh no oh no, and Im sorry potus had my phone. One of the photographs NAUTA
texted to Trump Employee 2 is depicted below with the visible classified information redacted.
TRUMPs unlawful retention of this document is charged in Count 8 of this Indictment.
TRUMPs Disclosures of Classified Information in Private Meetings
32. In May 2021, TRUMP caused some of his boxes to be brought to his summer
residence at The Bedminster Club. Like The Mar-a-Lago Club, after TRUMPs presidency, The
Bedminster Club was not an authorized location for the storage, possession, review, display, or
discussion of classified documents.
15
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 then-forthcoming
book. Two members of TRUMPs staff also attended the interview, which was recorded with
TRUMPs knowledge and consent. Before the interview, the media had published reports that, at
the end of TRUMPs 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.
34. Upon greeting the writer, publisher, and his two staff members, TRUMP stated,
Look what I found, this was [the Senior Military Officials] plan of attack, read it and just show
. . . its interesting. Later in the interview, TRUMP engaged in the following exchange:
TRUMP: Well, with [the Senior Military Official]uh, let me
see that, Ill show you an example. He said that I
wanted to attack [Country A]. Isnt it amazing? I
have a big pile of papers, this thing just came up.
Look. This was him. They presented me thisthis
is off the record, butthey presented me this. This
was him. This was the Defense Department and him.
WRITER: Wow.
TRUMP: We looked at some. This was him. This wasnt done
by me, this was him. All sorts of stuffpages long,
look.
STAFFER: Mm.
TRUMP: Wait a minute, lets see here.
STAFFER: [Laughter] Yeah.
TRUMP: I just found, isnt that amazing? This totally wins my
case, you know.
STAFFER: Mm-hm.
TRUMP: Except it is like, highly confidential.
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STAFFER: Yeah. [Laughter]
TRUMP: Secret. This is secret information. Look, look at this.
You attack, and
* * *
TRUMP: By the way. Isnt that incredible?
STAFFER: Yeah.
TRUMP: I was just thinking, because we were talking about it.
And you know, he said, he wanted to attack
[Country A], and what . . .
STAFFER: You did.
TRUMP: This was done by the military and given to me. Uh,
I think we can probably, right?
STAFFER: I dont know, well, well have to see. Yeah, well
have to try to
TRUMP: Declassify it.
STAFFER: figure out ayeah.
TRUMP: See as president I could have declassified it.
STAFFER: Yeah. [Laughter]
TRUMP: Now I cant, you know, but this is still a secret.
STAFFER: Yeah. [Laughter] Now we have a problem.
TRUMP: Isnt that interesting?
At the time of this exchange, the writer, the publisher, and TRUMPs 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 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
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Representative). During the meeting, TRUMP commented that an ongoing military operation in
Country B was not going well. TRUMP showed the PAC Representative a classified map of
Country B and told the PAC Representative that he should not be showing the map to the PAC
Representative and to not get too close. The PAC 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 TRUMPs 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 thats classified? How do they do it? You
know why? Because its 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.
TRUMPs 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 would refer the matter of the missing records to the Department of Justice.
38. Between November 2021 and January 2022, NAUTA and Trump Employee 2at
TRUMPs directionbrought boxes from the Storage Room to TRUMPs residence for TRUMP
to review.
39. 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
TRUMPs residence. Trump Employee 2 provided TRUMP the photograph so that TRUMP
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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 TRUMPs boxes were stacked.
40. On November 17, 2021, NAUTA texted Trump Employee 2 about the photograph
Trump Employee 2 had provided to TRUMP, stating, He mentioned about a picture of the
boxes he wants me to see it? Trump Employee 2 replied, Calling you shortly.
41. On November 25, 2021, Trump Employee 2 texted NAUTA about TRUMPs
review of the contents of his boxes, asking, Has he mentioned boxes to you? I delivered some,
but I think he may need more. Could you ask if hed like more in pine hall? Pine Hall was an
entry room in TRUMPs residence. NAUTA replied in three successive text messages:
Nothing about boxes yet
He has one hes working on in pine hall
Knocked out 2 boxes yesterday
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42. On November 29, 2021, Trump Employee 2 texted NAUTA, asking, Next you are
on property (no rush) could you help me bring 4 more boxes up? NAUTA replied, Yes!! Of
course.
43. On December 29, 2021, Trump Employee 2 texted a TRUMP representative who
was in contact with NARA (Trump Representative 1), box answer will be wrenched out of him
today, promise! The next day, Trump Representative 1 replied in two 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 two successive text
messages:
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Is his number
44. On January 13, 2022, NAUTA texted Trump Employee 2 about TRUMPs
tracking of boxes, stating, Hes 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, NAUTA sent Trump Employee 2 four successive text
messages:
One thing he asked
Was for new covers for the boxes, for Monday m.
Morning
*can we get new box covers before giving these to them on
Monday? They have too much writing on them..I marked too much
Trump Employee 2 replied, Yes, I will get that!
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46. On January 17, 2022, Trump Employee 2 and NAUTA gathered 15 boxes from
TRUMPs residence, loaded the boxes in NAUTAs 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, NAUTA made false and misleading statements as set
forth in Count 38 of this Indictment, including:
a. falsely stating that he was not aware of TRUMPs boxes being brought to
TRUMPs residence for his review before TRUMP provided 15 boxes to
NARA in January 2022;
b. falsely stating that he did not know how the boxes that he and Trump
Employee 2 brought from TRUMPs residence to the commercial truck for
delivery to NARA on January 17, 2022, had gotten to the residence; and
c. when asked whether he knew where TRUMPs boxes had been stored
before they were in TRUMPs residence and whether they had been in a
secure or locked location, NAUTA falsely responded, I wish, I wish I
could tell you. I dont know. I dontI honestly just dont know.
48. When the 15 boxes that TRUMP had provided reached NARA in January 2022,
NARA reviewed the contents and determined that 14 of the boxes contained documents with
classification markings. Specifically, as the FBI later determined, the boxes contained 197
documents with classification markings, of which 98 were marked SECRET, 30 were marked
TOP SECRET, and the remainder were marked CONFIDENTIAL. Some of those documents
also contained SCI and SAP markings.
49. On February 9, 2022, NARA referred the discovery of classified documents in
TRUMPs 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.
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The Defendants Concealment of Boxes
52. On May 11, 2022, the grand jury issued a subpoena (the May 11 Subpoena) to
The Office of Donald J. Trump requiring the production of all documents with classification
markings in the possession, custody, or control of TRUMP or The Office of Donald J. Trump.
Two attorneys representing TRUMP (Trump Attorney 1 and Trump Attorney 2) informed
TRUMP of the May 11 Subpoena, and he authorized Trump Attorney 1 to accept service.
53. On May 22, 2022, NAUTA entered the Storage Room at 3:47 p.m. and left
approximately 34 minutes later, carrying one of TRUMPs boxes.
54. On May 23, 2022, TRUMP met with Trump Attorney 1 and Trump Attorney 2 at
The Mar-a-Lago Club to discuss the response to the May 11 Subpoena. Trump Attorney 1 and
Trump Attorney 2 told TRUMP that they needed to search for documents that would be responsive
to the subpoena and provide a certification that there had been compliance with the subpoena.
TRUMP, in sum and substance, made the following statements, among others, as memorialized
by Trump Attorney 1:
a. I dont want anybody looking, I dont want anybody looking through my
boxes, I really dont, I dont want you looking through my boxes.
b. Well what if we, what happens if we just dont respond at all or dont play
ball with them?
c. Wouldnt it be better if we just told them we dont have anything here?
d. Well look isnt it better if there are no documents?
55. While meeting with Trump Attorney 1 and Trump Attorney 2 on May 23, TRUMP,
in sum and substance, told the following story, as memorialized by Trump Attorney 1:
[Attorney], he was great, he did a great job. You know what? 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
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beauty appointments. And he was great. And he, so she didnt 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 in 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 TRUMPs 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 Bedminster 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 TRUMPs May 23 meeting with Trump Attorney 1 and Trump Attorney
2 to discuss the May 11 Subpoena, and June 2, when Trump Attorney 1 returned to The Mar-aLago Club to review the boxes in the Storage Room, NAUTA removedat TRUMPs direction
a total of approximately 64 boxes from the Storage Room and brought them to TRUMPs
residence, as set forth below:
a. On May 24, 2022, between 5:30 p.m. and 5:38 p.m., NAUTA removed three
boxes from the Storage Room.
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b. On May 30, 2022, at 9:08 a.m., TRUMP and NAUTA spoke by phone for
approximately 30 seconds. Between 10:02 a.m. and 11:51 a.m., NAUTA
removed a total of approximately 50 boxes from the Storage Room.
c. On May 30, 2022, at 12:33 p.m., a Trump family member texted NAUTA:
Good afternoon Walt,
Happy Memorial Day!
I saw you put boxes to 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 with luggage.
Thank you!
NAUTA replied:
Good Afternoon Maam [Smiley Face Emoji]
Thank you so much.
I think he wanted to pick from them. I dont 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 12:52 p.m., NAUTA removed approximately
11 boxes from the Storage Room.
59. On June 1, 2022, TRUMP spoke with Trump Attorney 1 by phone and asked
whether Trump Attorney 1 was coming to The Mar-a-Lago Club the next day and for exactly what
purpose. Trump Attorney 1 reminded TRUMP that Trump Attorney 1 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 1 could have a custodian of records certify that the May 11 subpoena
had been complied with fully.
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60. On June 2, 2022, the day that Trump Attorney 1 was scheduled to review
TRUMPs boxes in the Storage Room, TRUMP spoke with NAUTA on the phone at 9:29 a.m.
for approximately 24 seconds.
61. Later that day, between 12:33 p.m. and 12:52 p.m., NAUTA and an employee of
The Mar-a-Lago Club moved approximately 30 boxes from TRUMPs residence to the Storage
Room.
62. In sum, between May 23, 2022, and June 2, 2022, before Trump Attorney 1s
review of TRUMPs boxes in the Storage Room, NAUTAat TRUMPs directionmoved
approximately 64 boxes from the Storage Room to TRUMPsresidence and brought to the Storage
Room only approximately 30 boxes. Neither TRUMP nor NAUTA informed Trump Attorney 1
of this information.
The False Certification to the FBI and the Grand Jury
63. On the afternoon of June 2, 2022, as TRUMP had been informed, Trump
Attorney 1 arrived at The Mar-a-Lago Club to review TRUMPs boxes to look for documents
with classification markings in response to the May 11 Subpoena. TRUMP met with Trump
Attorney 1 before Trump Attorney 1 conducted the review. NAUTA escorted Trump Attorney 1
to the Storage Room.
64. Between 3:53 p.m. and 6:23 p.m., Trump Attorney 1 reviewed the contents of
TRUMPs boxes in the Storage Room. Trump Attorney 1 located 38 documents with
classification markings inside the boxes, which Trump Attorney 1 removed and placed in a
Redweld folder. Trump Attorney 1 contacted NAUTA and asked him to bring clear duct tape to
the Storage Room, which NAUTA did. Trump Attorney 1 used the clear duct tape to seal the
Redweld folder with the documents with classification markings inside.
25
65. After Trump Attorney 1 finished sealing the Redweld folder containing the
documents with classification markings that he had found inside TRUMPs boxes, NAUTA took
Trump Attorney 1 to a dining room in The Mar-a-Lago Club to meet with TRUMP. After Trump
Attorney 1 confirmed that he was finished with his search of the Storage Room, TRUMP asked,
Did you find anything? . . . Is it bad? Good?
66. TRUMP and Trump Attorney 1 then discussed what to do with the Redweld folder
containing documents with classification markings and whether Trump Attorney 1 should bring
them to his hotel room and put them in a safe there. During that conversation, TRUMP made a
plucking motion, as memorialized by Trump Attorney 1:
He made a funny motion as though well okay why dont you take
them with you to your hotel room and if theres anything really bad
in there, like, you know, pluck it out. And that was the motion that
he made. He didnt say that.
67. 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 3, so that he could turn
over the documents responsive to the May 11 Subpoena.
68. 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 11 Subpoena. Trump Attorney 3, who had no role
in the review of TRUMPs boxes in the Storage Room, agreed.
69. The next day, on June 3, 2022, at Trump Attorney 1s request, Trump Attorney 3
signed a certification as the custodian of records for The Office of Donald J. Trump and took it to
The Mar-a-Lago Club to provide it to the Department of Justice and FBI. In the certification,
Trump Attorney 3who performed no search of TRUMPs boxes, had not reviewed the May 11
26
Subpoena, and had not reviewed the contents of the Redweld folderstated, among other things,
that [b]ased upon the information that [had] been provided to her:
a. A diligent search was conducted of the boxes that were moved from the
White House to Florida;
b. This search was conducted after receipt of the subpoena, in order to locate
any and all documents that are responsive to the subpoena; and
c. Any and all responsive documents accompany this certification.
70. These statements were false because, among other reasons, TRUMP had directed
NAUTA to move boxes before Trump Attorney 1s June 2 review, so that many boxes were not
searched and many documents responsive to the May 11 Subpoena could not be foundand in
fact were not foundby Trump Attorney 1.
71. 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. 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. 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.
TRUMP claimed to the Department of Justice and FBI that he was an open book.
72. Earlier that same day, NAUTA and others loaded several of TRUMPs 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 2022, the FBI and grand jury obtained and reviewed surveillance video from
The Mar-a-Lago Club showing the movement of boxes set forth above.
27
74. On August 8, 2022, the FBI executed a court-authorized search warrant at The Mara-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 TRUMPs office and the Storage Room, as follows:
Location Number of
Documents
Classification
Markings
TRUMPs Office 27
Top Secret (6)
Secret (18)
Confidential (3)
Storage Room 75
Top Secret (11)
Secret (36)
Confidential (28)
COUNTS 1-31
(18 U.S.C. 793(e)
76. The General Allegations of this Indictment are re-alleged and fully incorporated
here by reference.
7. On or about the dates set forth in 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 over documents relating to the national
defense, did willfully retain the documents and fail to deliver them fo 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:
10 various foreign countries
10 various foreign countries
United States, with handwritten annotation in black marker
.

to foreign countries, including military activities and planning of foreign countries
to various foreign countries
:
foreign country
=
.

.
foreign country and the United States
United States
potential effects on United States interests
.

against United States interests.
;
forces and others

.
=
,

.
related to various foreign countries, with handwritten annotation in black marker
.
.
and the United States
countries and the United States

related to various foreign countries
.

country
”
,
All in violation of Title 18, United States Code, Section 793(e).
.

34
COUNT 32
Conspiracy to Obstruct Justice
(18 U.S.C. 1512(k))
78. The General Allegations of this Indictment are re-alleged and fully incorporated
here by reference.
The Conspiracy and its Objects
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
WALTINE 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. 1512(b)(2)(A), and to corruptly conceal a record,
document, and other object from an official proceeding, in violation of 18 U.S.C. 1512(c)(1).
The Purpose of the Conspiracy
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.
The Manner and Means of the Conspiracy
81. The manner and means by which the defendants sought to accomplish the objects
and purpose of the conspiracy included, among other things, the following:
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;
35
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.
All in violation of Title 18, United States Code, Section 1512(k).
36
COUNT 33
Withholding a Document or Record
(18 U.S.C. 1512(b)(2)(A), 2)
82. The General Allegations of this Indictment are re-alleged and fully incorporated
here by reference.
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. 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, Sections 1512(b)(2)(A) and 2.
37
COUNT 34
Corruptly Concealing a Document or Record
(18 U.S.C. 1512(c)(1), 2)
84. The General Allegations of this Indictment are re-alleged and fully incorporated
here by 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 objects integrity and availability for use in an official proceeding; that isTRUMP
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, Sections 1512(c)(1) and 2.
38
COUNT 35
Concealing a Document in a Federal Investigation
(18 U.S.C. 1519, 2)
86. The General Allegations of this Indictment are re-alleged and fully incorporated
here by 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 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; that isduring a federal criminal
investigation being conducted by the FBI, (1) TRUMP and NAUTA hid, concealed, and covered
up from the FBI TRUMPs continued possession of documents with classification markings at
The Mar-a-Lago Club; and (2) TRUMP caused a false certification to be submitted to the FBI.
All in violation of Title 18, United States Code, Sections 1519 and 2.
39
COUNT 36
Scheme to Conceal
(18 U.S.C. 1001(a)(1), 2)
88. The General Allegations of this Indictment are re-alleged and fully incorporated
here by reference.
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. 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 isduring 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 and the FBI TRUMPs continued possession of documents with classification markings.
All in violation of Title 18, United States Code, Sections 1001(a)(1) and 2.
40
COUNT 37
False Statements and Representations
(18 U.S.C. 1001(a)(2), 2)
90. The General Allegations of this Indictment are re-alleged and fully incorporated
here by reference.
91. On or about June 3, 2022, in Palm Beach County, in the Southern District of
Florida, and elsewhere, the defendant,
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 make and cause to be made a materially false, fictitious,
and fraudulent statement and representation; that isduring 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:
a. A diligent search was conducted of the boxes that were
moved from the White House to Florida;
b. This search was conducted after receipt of the subpoena, in
order to locate any and all documents that are responsive to
the subpoena; and
c. Any and all responsive documents accompany this
certification.
92. 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 1s search would not and did not include all of TRUMPs boxes that were
removed from the White House; Trump Attorney 1s search would not and did not locate all
41
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 search on
August 8, 2022.
All in violation of Title 18, United States Code, Sections 1001(a)(2) and 2.
42
COUNT 38
False Statements and Representations
(18 U.S.C. 1001(a)(2))
93. The General Allegations of this Indictment are re-alleged and fully incorporated
here by reference.
94. On May 26, 2022, NAUTA participated in a voluntary interview with the FBI.
During the interview, the FBI explained to NAUTA that the FBI was investigating how classified
documents had been kept at The Mar-a-Lago Club, and the FBI asked NAUTA questions about
the location and movement of TRUMPs boxes before TRUMP provided 15 boxes to NARA on
January 17, 2022. NAUTA was represented by counsel, and the FBI advised NAUTA that the
interview was voluntary and that he could leave at any time. The FBI also advised NAUTA 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 NAUTA,
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; that isin a voluntary interview during a federal criminal investigation being
conducted by the FBI, NAUTA 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.
* * *
43
Question: All right. So, so to the best of your knowledge,
youre 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: Correct.
Question: to take them. Okay.
* * *
Question: In knowing that were 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-hm.
Question: do you have any information that couldthat
wouldthat 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 dont know. I
dontI honestly just dont know.
* * *
Question: And whatso, so you only saw the 15 boxes, 15, 17
boxes
Answer: Mm-hm.
Question: the day of the move? Eventhey just showed up
that day?
Answer: They were in Pine Hall. [Trump Employee 2] just
asked me, hey, can we move some boxes?
Question: Okay.
Answer: And I was like, okay.
Question: So, you didnt knowhad no idea how they got there
before?
Answer: No.
96. The underscored statements and representations above were false, as NAUTA
knew, because (1) NAUTA did in fact know that the boxes in Pine Hall had come from the Storage
| Room, as NAUTA himself, with the assistance of Trump Employee 2, had moved the boxes from
| the Storage Room to Pine Hall; and (2) NAUTA had observed the boxes in and moved them to
various locations at The Mar-a-Lago Club.
All in violation of Title 18, United States Code, Section 1001(a)(2).
Aru pL
FOREPERSON
1 SMITH
4 counssr
UNITED STATES DEPARTMENT OF JUSTICE
sea
Se Bitics Ba
Deep 2-3

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