Case 9 :23- cr- 80101

- AMC Document3 Entered on FLSDDocket06/08/2023 D.C.

Jun 8 , 2023

ANGELA NOBLE
CLERK U.S.DIST CT.
UNITED STATES DISTRICT COURT S.D.OF FLA MIAMI

SOUTHERN OF FLORIDA

23-80101- CR - CANNON / REINHART

CaseNo.

18 U.S.C. 793( e)
18U.S.C. 1512( )
18 U.S.C. 1512(b) (2)( A)
18 U.S.C. 1512(c)( 1)
18 U.S.C. 1519
18 U.S.C. 1001(a)( 1)
18 U.S.C. 1001(a)( 2)
18 U.S.C. 2

UNITED STATES OF AMERICA

V.

DONALD J. TRUMP and

NAUTA ,

Defendants
.

INDICTMENT

The Grand Jury charges that :

GENERAL ALLEGATIONS

times material to this Indictment, on or about the dates and approximate times stated

below:

Introduction

1. Defendant DONALD J. TRUMP was the forty -fifth President of the United States
ofAmerica . He held office from January 20,2017,until January 20,2021. As president, TRUMP
had lawful access to the most sensitive classified documents and national defense information

gathered and owned by the United States government, including information from the agencies
that comprise the United States Intelligence Community and the United States Department of

Defense.
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2 . Over the course ofhis presidency, TRUMP gathered newspapers , press clippings ,
letters, notes, cards , photographs, official documents , and other materials in cardboard boxes that
he kept inthe 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 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 ofboxes ,many ofwhich contained classified documents ,
to be transported to The Mar-a-Lago Club in Palm Beach, Florida, where he maintained his
residence. TRUMP was not authorized to possess or retain those classified documents .
5. The Mar-a-Lago Club was an active social club, which , between January 2021 and
August 2022 , hosted events for tens of thousands of members and guests . After TRUMP's
presidency , The Mar-a-Lago Club was not an authorized location for the storage , possession ,
review, display , or discussion of classified documents . Nevertheless , TRUMP stored his boxes
containing classified documents in various locations at The Mar-a-Lago Club including in a
ballroom ,a bathroom and shower , an office space, his bedroom , and a storage room.
6. 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 presidentI could
havedeclassified it, and, Now I can't, you know, but this is still a secret.

b . InAugust 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 toturnover 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 grandjury that
TRUMP did not have documents called for by the grand jury subpoena;

b . directing defendant WALTINE NAUTA to move boxes of documents to

concealthem from TRUMP's attorney, the FBI, and the grandjury;

C.
suggestingthat his attorney hide or destroy documents called for by the
grandjury subpoena;

d . providingto the FBI and grandjury just some of the documents called for
by the grand jury subpoena, while claiming that he was cooperatingfully;
and

e . causing a certification to be submitted to the FBI and grand jury falsely

representing that all documents called for by the grandjury subpoena had
been produced while knowing that, in fact, not all such documents had
been produced.

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8 . As a result of TRUMP's retention of classified documents after his presidency and

refusal to return them , hundreds of classified documents were not recovered by the United States
government until 2022 , as follows :

a . On January 17, nearly one year after TRUMP left office, and after months
of demands by the National Archives and Records Administration for
TRUMP to provide all missing presidential records, TRUMP provided
only 15 boxes, which contained 197 documents with classification
markings.

b . June 3 , in response to a grand jury subpoena demanding the production

ofalldocumentswith classificationmarkings, TRUMP's attorneyprovided
to the FBI38 more documents with classificationmarkings.

C. 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 .

TRUMP'sCo- Conspirator

9 . Defendant NAUTA was a member of the United States Navy stationed as a valet
in the White House during TRUMP's presidency . Beginning in August 2021, NAUTA became
an executive assistant in The Office of Donald J. Trump and served as TRUMP's 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 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 . 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. BetweenJanuary 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
ofthousands 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 TRUMP's boxes or their contents. TRUMP did not
inform the Secret Service that he was storing boxes containing classified documents at The Mar
a-Lago
ClassifiedInformation

13. National security information was information owned by, produced by, produced
for, and under the control ofthe 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 ifthe 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 . Informationwas classified as SECRET ifthe unauthorized disclosure ofthat

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
, TRUMPwas not authorizedto 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 ExecutiveBranchDepartmentsand AgenciesWhose
ClassifiedDocumentsTRUMPRetainedAfter His Presidency

19. As part of his official duties as president , TRUMP received intelligence briefings
from high -level United States government officials , including briefings from the Director of the
Central Intelligence Agency , the Chairman of the Joint Chiefs of Staff, senior White House

officials , and a designated briefer . He regularly received a collection of classified intelligence

from the United States Intelligence Community ( “ USIC ) known as the President's Daily Brief.

20. The USIC's mission was to collect , analyze , and deliver foreign intelligence and
counterintelligence information to America's leaders , including the president , policymakers ,law
enforcement , and the military ,so they 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 IntelligenceAgency ( CIA ) . CIA was responsible for
providingintelligenceon foreigncountriesand globalissuesto the president
and other policymakersto help them make nationalsecurity decisions.

b . TheDepartmentofDefense( DoD ) . DoDwas responsiblefor providing

the militaryforces neededto deter war and ensurenationalsecurity. Some
oftheexecutivebranch agencies comprisingthe USIC were withinDoD.

The National Security Agency. The National Security Agency was a

combat support agency within DoD and a member ofthe 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
networkoperations.

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 ofState, 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 ofIntelligence 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 BureauofIntelligence andResearch was a member ofthe USIC
and responsible for providing intelligence to inform diplomacy and support
United States diplomats.

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TRUMP's PublicStatements on Classified Information

22. As a candidatefor Presidentof the United States, TRUMPmade the following

public statements, amongothers, about classifiedinformation:

a . On August 18, 2016, TRUMP stated, In my administration going to

enforce all laws concerning the protection of classified information. Noone
will be above the law.

b . September 6 , 2016 , TRUMP stated, We also need to fight this battle

by collecting intelligence and then protecting , protecting our classified
secrets. We can't have someone in the Oval Office who doesn't
understand the meaning of the word confidential or classified .

On September 7, 2016, TRUMP stated, [O ne of the first things we must

do isto enforce all classification rules and to enforce all laws relating to the
handling ofclassified information .

d . September19, 2016, TRUMPstated, We also need the best protection

ofclassifiedinformation
.

e . On November3 , 2016, TRUMP stated, Service membershere in North

Carolinahaverisked their lives to acquireclassifiedintelligenceto protect
ourcountry

23. As Presidentofthe United States, on July 26, 2018, TRUMP issued the following

statement about classified information :

Asthe headofthe executivebranch and Commander in Chief, I have

a unique, Constitutional responsibility to protect the Nation's
classified information, including by controlling access to it. ...
More broadly, the issue of [ a former executive branch official's]
security clearance raises larger questions about the practice of
former officials maintaining access to our Nation's most sensitive
secrets long after their time in Governmenthas ended. Such access
isparticularly inappropriate when former officials havetransitioned
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 Nation's secrets should be in furtherance
ofnational, not personal, interests.

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TRUMP's Retentionof ClassifiedDocumentsAfter 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 TRUMP's boxes .
TRUMP was personally involved in this process . TRUMP caused his boxes , containing hundreds
of classified documents ,to be transported from the White House to The Mar-a-Lago Club
25. From January through March 15, 2021, some of TRUMP's boxes were stored in
The Mar-a-Lago Club's White and Gold Ballroom , in which events and gatherings took place .
TRUMP's boxes were for a time stacked on the ballroom's stage , as depicted in the photograph
below (redacted to obscure an individual's identity).

26. InMarch 2021, NAUTA and others moved some of TRUMP's 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 ) texted another employee of that office ( Trump Employee 2 ) to ask whether
TRUMP's boxes could be moved out of the business center to make room for staff to use it as an

office . Trump Employee 2 replied, Woah !! Ok so potus specifically asked Walt for those boxes
to be inthe business center because they are his papers. Later that day , Trump Employee 1and
Trump Employee 2 exchanged the following text messages:
Trump Employee2 :

We can definitely make it work if we move his

papers into the lakeroom?

TrumpEmployee1 :

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.
Couldthatgoto storage? Ordoes he want everything
inthere on property

TrumpEmployee2 :

Yes anythingthat's not the beautifulmind paper

boxes can definitely go to storage. Want to take a
look atthe spaceand start movingtomorrow AM?

28. 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, 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, TRUMP's boxes that were in the Lake Room were movedto

the Storage Room. After the move, there were more than 80 boxes in the Storage Room, as

depicted inthe photographs below.

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31. OnDecember7, 2021, NAUTAfound severalofTRUMP's boxes fallen and their

contents spilled onto the floorofthe Storage Room, includinga documentmarked SECRET REL

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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 no oh no, and I'm sorry potus had my phone." One of the photographs NAUTA
texted to Trump Employee 2 is depicted below with the visible classified information redacted.
TRUMP's unlawful retention of this document is charged in Count 8 of this Indictment.

TRUMP'sDisclosuresof ClassifiedInformationinPrivateMeetings

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 TRUMP's presidency, The
Bedminster Club was not an authorized location for the storage , possession, review, display, or
discussion of classified documents.

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33. On July 21, 2021, when he was no longer president, TRUMP gave an interview in
his office at The Bedminster Club toa writer and a publisher in connection with a then-forthcoming
book Two members of TRUMP's staff also attended the interview, which was recorded with
TRUMP's knowledge and consent . Before the interview,the media had published reports that,at
the end ofTRUMP'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.
34. Upon greeting the writer, publisher , and his two staff members, TRUMP stated,

Look what I found,this was [the Senior Military Official's] plan ofattack, read it and just show

it's interesting Laterinthe interview, TRUMPengagedinthe followingexchange:

TRUMP: Well, with [the Senior Military Official] , let me

see that, I'll show you an example. He said that I
wanted to attack [ Country A ] . Isn't it amazing? I
have a big pile of papers, this thing just came up.
Look This was him. They presented me this this
is off the record, but they presented me this . This
was him. This was the Defense Department and him.

WRITER: Wow.

TRUMP: We lookedat some. This was him. This wasn't done

byme, this was him. All sorts of stuff pages long
look.

STAFFER: Mm.

TRUMP: Waita minute, let'ssee here.

STAFFER: Laughter] Yeah.

TRUMP: justfound, isn'tthat amazing? This totally wins my

case, you know.

STAFFER
: Mm- hm.

TRUMP: Exceptit is like, highly confidential.

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STAFFER: Yeah. Laughter]

TRUMP: Secret. This issecret information. Look, look at this.

You attack, and

TRUMP: Bythe way . Isn't 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: Youdid.

TRUMP : This was done by the military and given to me. Uh,
I think we can probably, right?

STAFFER: I don't know, we'll, we'll have to see. Yeah, we'll

haveto tryto

TRUMP: Declassifyit.

STAFFER
: -figureouta yeah.

TRUMP: See as president I could have declassified it.

STAFFER: Yeah. Laughter]

TRUMP : Now I can't,you know, but this is still a secret.

STAFFER: Yeah Laughter] Now we have a problem.

TRUMP
: Isn'tthat interesting?

the time ofthis exchange, the writer,the publisher, and TRUMP's two staffmembers did not
have security clearancesor any need-to-know any classified informationabout a planofattackon
Country A.

35. InAugustor September2021, when he was no longerpresident, TRUMP metin

hisofficeat The Bedminster Clubwitha representativeof his politicalaction 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. February 16, 2017, four years before TRUMP's disclosures of classified

informationset forthabove, TRUMPsaid at a pressconference:

The first thing I thought of when I heard about it is, how doesthe
press get this informationthat's classified? How do they do it? You
know why? Because it's an illegalprocess, and the press should be
ashamedofthemselves. But more importantly, the people that gave
out the information to the press should be ashamed of themselves.
Really ashamed.

TRUMP's Production of 15 Cardboard Boxes to the

National Archives and Records Administration

37. Beginning in May 2021, the National Archives and Records Administration
( NARA ),which was responsible for archiving presidential records, repeatedly demanded that
TRUMP turn over presidential records that he had kept after his presidency . On multiple
occasions , beginning in June , NARA warned TRUMP through his representatives that if he did
not comply ,it would refer the matter of the missing records to the Department of Justice.
38. Between November 2021 and January 2022,NAUTA and Trump Employee 2 at

TRUMP's direction brought boxes from the Storage Room to TRUMP's residence for TRUMP
to review.

39. OnNovember 12,2021, Trump Employee 2 provided TRUMP a photograph ofhis

boxes inthe Storage Room by taping itto one ofthe boxes that Trump Employee 2 had placed in
TRUMP's residence. Trump Employee 2 provided TRUMP the photograph so that TRUMP

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could see how many ofhis boxes were stored in the Storage Room. The photograph , shown below,
depicted a wall of the Storage Room against which dozens of TRUMP's boxes were stacked.

40. 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 hewants me to see it? Trump Employee 2 replied, Calling you shortly .
41. November 25 , 2021, Trump Employee 2 texted NAUTA about TRUMP's
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 he'd like more in pine hall? Pine Hall was an
entry room in TRUMP's residence . NAUTA replied in three successive text messages :

Nothingaboutboxesyet

He has one he's working on in pine hall

Knockedout 2 boxes yesterday

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42. OnNovember29,2021, Trump Employee 2 texted NAUTA, asking, Nextyou 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 incontact 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...
wouldlove 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:

12

hisnumber

44. On January 13, 2022, NAUTA texted Trump Employee 2 about TRUMP's

tracking of boxes, stating, 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
:

Onethinghe asked

Was for newcovers forthe boxes, for Mondaym .

Morning

* can we get new box covers before giving these to them on

Monday? They havetoo much writing on them..Imarkedtoo much

Trump Employee 2 replied, Yes , I will get that !

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46. January 17, 2022 , Trump Employee 2 and NAUTA gathered 15 boxes from
TRUMP's residence, loaded the boxes in NAUTA's car, and took them to a commercial truck for

delivery to NARA.

47. When interviewedby the FBIin May2022 regardingthe locationand 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 TRUMP's boxes being brought to
TRUMP's 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 TRUMP's 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 TRUMP's boxes had been stored
before they were in TRUMP's residence and whether they had been in a
secure or locked location, NAUTA falsely responded , I wish, I wish I
could tell you. I don't know. I don't honestly just don't know.

48. When the 15 boxes that TRUMP had provided reached NARA in January 2022 ,
NARA reviewed the contents and determined that 14 of the boxes contained documents with

classification markings . Specifically , as the FBI later determined, the boxes contained 197
documents with classification markings , of which 98 were marked SECRET , 30 were marked
TOP SECRET and the remainder were marked CONFIDENTIAL ." Some of those documents

also contained SCI and SAP markings .

49. February 9 , 2022 , NARA referred the discovery of classified documents in

TRUMP's boxes to the Department ofJustice for investigation.

The FBI and Grand Jury Investigations

50 . OnMarch30, 2022, the FBIopeneda criminalinvestigation

.

51. OnApril26, 2022 , a federal grandjury opened an investigation.

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TheDefendantsConcealment
ofBoxes

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. May 22, 2022 , NAUTA entered the Storage Room at 3:47 p.m. and left

approximately 34 minutes later, carrying one of TRUMP's boxes.

54. On May 23, 2022 , TRUMP met with Trump Attorney 1 and Trump Attorney 2 at
The 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 don't want anybody looking, I don't want anybody looking through my

boxes, I really don't, I don't want you looking through my boxes.

b . Wellwhatifwe, what happens if wejust don't respondat all or don't play

ball with them?

Wouldn'tit be better ifwe just told them we don't have anything here?

d . Welllook isn't it better ifthere are no documents?

55. WhilemeetingwithTrumpAttorney1 and TrumpAttorney2 on May23, 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

21
Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 22 of 49

beautyappointments. And he was great. And he, so she didn't get

in any troublebecausehe saidthat he was the one who deletedthem.

TRUMPrelatedthe storymore than oncethat 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
made it clear to TRUMP that Trump Attorney 1 would conduct the search for responsive

documents by looking through TRUMP's boxes that had been transported from the White House
and remained in storage at The Mar -a-Lago Club . TRUMP indicated that he wanted to be at The
Mar-a-Lago Club when Trump Attorney 1 returned to review his boxes on June 2, and that
TRUMP would change his summer travel plans to do so. TRUMP told Trump Attorney 2 that
Trump Attorney 2 did not need to be present for the review of boxes.
57. After meeting with Trump Attorney 1 and Trump Attorney 2 on May 23, TRUMP
delayed his departure from The Mar-a-Lago Club to The 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 TRUMP's May 23 meeting with Trump Attorney and Trump Attorney
, ,
2 to discuss the May 11 Subpoena and June 2 when Trump Attorney 1 returned to The Mar a -
Lago Club to review the boxes in the Storage Room , NAUTA removed at TRUMP's direction
a total of approximately 64 boxes from the Storage Room and brought them to
residence ,as set forth below :
a .
OnMay24, 2022, between5:30 p.m. and5:38 p.m., NAUTAremovedthree
boxesfrom the StorageRoom.

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b . 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.

On May30, 2022, at 12:33 p.m., a Trumpfamily membertextedNAUTA:

Good afternoon Walt ,

Happy Memorial Day!

I saw you put boxes to Potus room . Just FYI and I

will tell him as well:
Notsure how many he wants to take on Friday onthe
plane. We will NOT have a room for them. Planewill
be full with luggage.
Thank you !

NAUTA replied:

GoodAfternoonMa'am[ SmileyFace Emoji

Thank you so much.

I think he wantedto pick from them. I don't imagine

him wanting to take the boxes.

He told me to put them in the room and that he was

going to talk to you about them.

d . On June 1 , 2022 , beginning at 12:52 p.m., NAUTA removed approximately

11boxes 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. June 2, 2022 , the day that Trump Attorney 1 was scheduled to review
TRUMP's 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 TRUMP's residence to the Storage
Room.

62. sum, between May 23 , 2022 , and June 2 , 2022 , before Trump Attorney

review of TRUMP's boxes in the Storage Room , NAUTA at TRUMP's direction moved
approximately 64 boxes from the Storage Room to TRUMP's residence and brought to the Storage
Room only approximately 30 boxes . Neither TRUMP nor NAUTA informed Trump Attorney 1
of this information .

The False Certification to the FBI and the Grand Jury

63. the afternoon of June 2 , 2022 , as TRUMP had been informed , Trump

Attorney arrived at The Mar -a-Lago Club to review TRUMP's boxes to look for documents
with classification markings in response to the May 11 Subpoena . TRUMP met with Trump
Attorney before Trump Attorney 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
TRUMP's 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 1contacted 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.

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 25 of 49

65. After Trump Attorney 1 finished sealing the Redweld folder containing the
documents with classification markings that he had found inside TRUMP's boxes , NAUTA took

Trump Attorney 1 to a dining room in The Mar -a-Lago Club to meet with TRUMP . After Trump
Attorney 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 don't you take
them with you to your hotel room and if there's anything really bad
in there , like, you know , pluck it out . And that was the motion that
he made . He didn't say that .

67. That evening, Trump Attorney 1contacted the Department ofJustice 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 contactedanother TRUMP attorney ( Trump
Attorney 3 ) and asked her if she would come to The Mar-a- Lago Club the next morningto act as

a custodian of records and sign a certification regarding the search for documents with
classificationmarkings in response to the May 11 Subpoena. Trump Attorney 3, who had no role
inthe review of TRUMP's boxes in the Storage Room, agreed.
69. The next day, on June 3, 2022, at Trump Attorney request , Trump Attorney 3

signed a certification as the custodian of records for Office of Donald J. Trump and took itto
The Mar-a-Lago Club to provide it to the Department of Justice and FBI . In the certification ,
Trump Attorney who performed no search of TRUMP's boxes , had not reviewed the May 11

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Case 9 :23- cr- 80101-AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 26 of 49

Subpoena, and hadnot reviewedthe contents of the Redweldfolder stated, amongotherthings,

that [ b aseduponthe informationthat [ had] beenprovidedto 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. " Anyand all responsivedocumentsaccompanythis certification.

70. These statements were false because, among other reasons, TRUMP had directed
NAUTA to move boxes before Trump Attorney 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.
71. Shortly after Trump Attorney 3 executed the false certification,on June 3, 2022,
Trump Attorney 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 theRedweld
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. Earlierthat same day, NAUTA and others loaded several of TRUMP's boxes along

with other items on aircraft that flew TRUMP and his family north for the summer.

The Court- AuthorizedSearchof The Mar- a - LagoClub

73. InJuly 2022, the FBIand grandjury obtainedand reviewedsurveillancevideo from

The Mar- a- Lago Club showing the movement of boxes set forth above .

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Case 9 :23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 27 of 49

74. On August 8,2022,the FBI executed a court-authorized search warrant at The Mar
a-Lago Club. The search warrant authorized the FBI to search for and seize, among other things ,
all documents with classification markings .
75. Duringthe execution ofthe warrant at The Mar-a-Lago Club, the FBI seized 102

documents with classification markings in TRUMP's office and the Storage Room, as follows:
Number of Classification
Location
Documents Markings
Top Secret (6)
Office 27 Secret ( 18)
Confidential (3)
Top Secret ( 11)
Storage Room 75 Secret (36)
Confidential (28)

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 28 of 49

1-31

WillfulRetentionof NationalDefenseInformation
( 18 U.S.C. 793( e))

76. The General Allegations of this Indictment are re- alleged and fully incorporated

hereby reference
.

77. or about the dates set forth in the table below, in Palm Beach County , inthe

SouthernDistrict of Florida, and elsewhere, the defendant,

DONALDJ. 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 to the officer and employee of
the United States entitled to receive them ; that is TRUMP , without authorization , retained at
The Mar-a-Lago Club documents relating to the national defense , including the following :

Count DateofOffense/ ClassificationMarking/ DocumentDescription

January 20 , 2021 August 8 , 2022

TOP SECRET//NOFORN//SPECIAL HANDLING

1

Documentdated May 3, 2018, concerningWhiteHouse intelligencebriefingrelated

to variousforeigncountries

January 20, 2021 August 8 , 2022

TOP SECRET // SI//NOFORN //SPECIAL HANDLING

2

Documentdated May 9 , 2018, concerning White House intelligence briefing related

to various foreign countries

January 20, 2021 August 8 , 2022

TOP SECRET// SI//NOFORN//FISA

3

Undateddocumentconcerningmilitarycapabilitiesofa foreigncountry and the

UnitedStates, withhandwrittenannotationin blackmarker

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 29 of 49

January 20 , 2021 August 8 , 2022

TOP SECRET//SPECIAL HANDLING

4

Document dated May 6 , 2019 , concerning White House intelligence briefing related
to foreign countries, including military activities and planning of foreign countries

January 20, 2021 August 8 , 2022

5 TOP SECRET//[ redacted [ redacted ORCON/ NOFORN

Documentdated June 2020 concerning nuclear capabilities of a foreign country

January 20, 2021 August 8 , 2022

TOP SECRET//SPECIAL HANDLING

6

Document dated June 4 , 2020, concerning White House intelligence briefing related
to various foreign countries

January 20, 2021 August 8 , 2022

SECRET//NOFORN
7

Document dated October 21, 2018, concerning communications with a leader of a

foreign country

January 20, 2021 August 8 , 2022

SECRET//REL TO USA, FVEY

8

Documentdated October 4 , 2019, concerning military capabilities of a foreign

country

January 20, 2021 August 8 , 2022

9 TOP SECRET//[ redacted] / [ redacted] //ORCON/ NOFORN/FISA

Undated document concerning military attacks by a foreign country

29
Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 30 of 49

January 20, 2021 August 8 , 2022

TOP SECRET// TK//NOFORN

10

Documentdated November 2017 concerning military capabilities of a foreign

country

January 20, 2021 August 8 , 2022

11 Nomarking

Undated document concerning military contingency planning ofthe UnitedStates

January 20, 2021 August 8 , 2022

SECRET//REL TO USA, FVEY

12

Pagesofundateddocumentconcerningprojectedregionalmilitarycapabilitiesofa
foreigncountry and the UnitedStates

January 20, 2021 August 8 , 2022

TOP SECRET// SI
/ TK//NOFORN
13

Undateddocumentconcerningmilitary capabilitiesofa foreigncountryand the

UnitedStates

January 20, 2021 August 8 , 2022

SECRET//ORCON/ NOFORN
14

Documentdated January2020 concerningmilitary options of a foreign country and

potentialeffects on United Statesinterests

January 20, 2021 August 8 , 2022

15 SECRET//ORCON/ NOFORN

Document dated February 2020 concerning policies in a foreign country

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 31of 49

January 20, 2021 August 8 , 2022

SECRET//ORCON/ NOFORN
16

DocumentdatedDecember2019 concerningforeigncountrysupportof terroristacts

againstUnitedStates interests

January 20, 2021 August 8 , 2022

17 TOP SECRET//[ redacted] / TK//ORCON/ IMCON/ NOFORN

Documentdated January 2020 concerningmilitary capabilities of a foreign country

January 20, 2021 August 8 , 2022

SECRET//NOFORN
18

Document dated March 2020 concerning military operations against United States
forces and others

January20, 2021 August8 , 2022

19 SECRET//FORMERLYRESTRICTEDDATA

Undateddocument concerning nuclear weaponry of the UnitedStates

January 20, 2021 August 8 , 2022

20 TOP SECRET
//[ redacted
] //ORCON
/ NOFORN

Undateddocument concerning timeline and details of attack in a foreign country

January 20, 2021 August 8 , 2022

21 SECRET//NOFORN

Undateddocument concerning military capabilities of foreign countries

January 20, 2021 June 3 , 2022

TOP SECRET
//[ redacted
] //RSEN/ ORCON/ NOFORN
22

Document dated August 2019 concerning regional military activity ofa foreign
country

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 32 of 49

January 20, 2021 June 3, 2022

TOP SECRET// SPECIAL HANDLING

23

Documentdated August 30, 2019 , concerning White House intelligence briefing

relatedto various foreign countries, with handwritten annotation in black marker

January 20, 2021 June 3 , 2022

24 TOP SECRET //HCS- P / SI//ORCON- USGOV/ NOFORN

Undated document concerning military activity of a foreign country

January 20, 2021 June 3 , 2022

TOP SECRET//HCS- P / SI//ORCON- USGOV/ NOFORN

25

Documentdated October 24, 2019, concerning military activity of foreign countries

andthe United States

January 20 , 2021 June 3, 2022

TOP SECRET//[ redacted] //ORCON/ NOFORN/ FISA

26

Document dated November 7 , 2019 , concerning military activity of foreign

countries and the United States

January 20, 2021 June 3 , 2022

27 TOP SECRET//SI/ TK//NOFORN

Document dated November 2019 concerning military activity of foreign countries

January 20, 2021 June 3 , 2022

TOP SECRET//SPECIAL HANDLING

28

Document dated October 18, 2019 , concerning White House intelligence briefing
related to various foreign countries

32
Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 33 of 49

January 20, 2021 June 3 , 2022

TOP SECRET [redacted] / SI/ TK//ORCON/NOFORN

29

Document dated October 18, 2019, concerning military capabilities of a foreign

country

January 20, 2021 June 3 , 2022

30 TOP SECRET [ redacted] //ORCON/NOFORN/ FISA

DocumentdatedOctober15, 2019, concerningmilitaryactivityin a foreigncountry

January 20, 2021 June 3 , 2022

31 TOP SECRET
//SI
/ TK//NOFORN

Document dated February 2017 concerning military activity of a foreign country

AllinviolationofTitle 18, UnitedStatesCode, Section793( e ) .

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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. Fromon or aboutMay 11, 2022, throughinor aroundAugust2022, inPalmBeach

County, inthe SouthernDistrictof Florida

, andelsewhere
, 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 ofthe conspiracy was for TRUMP to keep classified documents he

hadtaken with him from the White House and to hideand concealthem from a federalgrandjury

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 ;

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Case 9 :23- cr- 80101-AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 35 of 49

suggesting that Trump Attorney 1 hide or destroy documents called for by

the May 11Subpoena;

d . providing to the FBI and grand jury just some of the documents called for
by the May 11Subpoena , 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 makingfalseand misleadingstatementsto the FBI.

AllinviolationofTitle 18, UnitedStates Code, Section1512( ) .

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 36 of 49

COUNT 33

Withholdinga Documentor Record

( 18U.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, inPalm 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 (1) TRUMP

attempted to persuade Trump Attorney 1 to hide and conceal documents from a federal grandjury;
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 .
inviolation of Title 18, United States Code, Sections 1512( b ) ( 2) (A ) and 2 .

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COUNT 34

Corruptly Concealinga Documentor 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 object's integrity and availability for use in an official proceeding; that is TRUMP
and NAUTA hid and concealed boxes that contained documents with classification markings from
Trump Attorney 1 so that Trump Attorney 1 would not find the documents and produce them to a
federal grand jury .
Allinviolationof Title 18, UnitedStates Code, Sections1512( c ) ( 1) and2 .

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 38 of 49

COUNT 35

Concealinga Document in a FederalInvestigation

( 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, inthe Southern Districtof Florida, and elsewhere, the defendants,

DONALD J. TRUMP and

WALTINENAUTA,

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 is during a federal criminal
investigation being conducted by the FBI, ( 1) TRUMP and NAUTA hid, concealed , and covered
up from the FBI TRUMP's 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 .

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Case 9 :23- cr- 80101-AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 39 of 49

COUNT 36
Schemeto Conceal

( 18 U.S.C. 1001( a) ( 1) , 2)

88. The GeneralAllegationsof this Indictmentare re- alleged and fully incorporated

here by reference .

89. From on or about May 11, 2022, through inor around August 2022, in Palm Beach

County, inthe Southern District of Florida, and elsewhere, the defendants,

DONALD J. TRUMP and

WALTINE NAUTA,

in a matter within the jurisdiction of the judicial branch and executive branch of the United States
government , did knowingly and willfully falsify , conceal , and cover up by any trick , scheme , and
device a material fact; that is during a federal grand jury investigation and a federal criminal
investigation being conducted by the FBI, TRUMP and NAUTA hid and concealed from the grand
jury andthe FBI TRUMP's continued possession of documents with classification markings.
in violation of Title 18, United States Code ,Sections 1001(a )( 1) and 2.

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Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 40 of 49

COUNT37

False Statements and Representations

( 18 U.S.C. §§ 1001( a) ( 2) , 2)

90. The GeneralAllegationsof this Indictmentare re- alleged and fully incorporated

hereby reference
.

91. 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 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:
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 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 search would not and did not include all of TRUMP's boxes that were
removed from the White House ; Trump Attorney search would not and did not locate all

40
Case 9 :23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 41of 49

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 .

Allinviolationof Title 18, UnitedStatesCode, Sections1001( a ) ( 2 ) and2 .

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COUNT38

FalseStatementsandRepresentations
( 18U.S.C.§ 1001( a) ( 2))

93. The GeneralAllegations of this Indictmentare 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 TRUMP's 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,

WALTINENAUTA,

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 is in 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
: Doesany are you aware of any boxes beingbrought
to his home his suite?

Answer
: No.

42
Case 9 :23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 43 of 49

Question: right. So, so to the best of your knowledge,

you'resayingthat 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 : take them. Okay.

Question
: Inknowingthat we're trying to track the life ofthese
boxes and where they could have been kept and
stored and allthat kind of stuff

Answer: Mm- hm.

Question: you have any information that could that

would that could help us understand, like, where
they were kept, how they were kept, were they
secured, were they locked? Something that makes
the intelligence community feel better about these
things, you know?

Answer: wish, I wish I could tell you. I don't know. I

don't honestlyjust don'tknow.

Question: And what so, so you only saw the 15 boxes, 15, 17
boxes

Answer: Mm- hm.

Question
: day ofthe move? Even they 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.

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Case 9 :23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 44 of 49

Question: So, you didn'tknow had no ideahow 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 inPine 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.

Allin violation of Title 18, United States Code, Section 1001( a ) ( 2 ) .

A TRUE BILL

FOREPERSON

SMITH
SPECIAL COUNSEL

UNITED STATESDEPARTMENTOF JUSTICE

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UNITEDSTATESDISTRICT
SOUTHERNDISTRICTOF FLORIDA

UNITED STATES OF AMERICA CASE NO.:

V.

CERTIFICATEOF TRIAL ATTORNEY

Donald J. Trump and
WaltineNauta,
Superseding Case Information:
Defendants.
New Defendant( s) ( Yes or No) No
Court Division ( select one) Number ofNew Defendants
Miami West Totalnumber of counts
FTL WPB

do herebycertifythat:
1 . I have carefully considered the allegations of the indictment, the number of defendants, the number ofprobable
witnesses and the legal complexities ofthe Indictment/ Information attached hereto.
2 . I am awarethat the information supplied on this statementwill be relied upon by the Judges ofthis Court in setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. §3161.

3 . Interpreter: ( Yes or No) No

Listlanguage and/or dialect:

21
4 . This case will take days for the partiesto try.

5 . Please check appropriate category and type of offense listed below :

( Check only one) ( Check only one)
I 5 days Petty
II 6 to 10 days Minor

to 20 days Misdemeanor

21to 60 days Felony

V61days and over

6 . Has this case been previously filed in this District Court? (Yes or No) No
yes, Judge CaseNo.

7 . Has a complaintbeenfiled inthis matter? ( Yes or No) No

Ifyes, Magistrate Case No.

8 . Does this case relate to a previously filed matter in this District Court ? (Yes or No) No
Ifyes, Judge Case No.

9 . Defendant
( s) infederalcustodyasof

10. Defendant
( s) in state custodyas of
. Rule 20 from the Districtof

12. Is this a potential death penalty case ? ( Yes or No) No

13. Doesthis case originatefrom a matterpendingin the NorthernRegionofthe U.S. Attorney'sOffice
priorto August8 , 2014 (Mag. Judge Shaniek Maynard
? ( Yes or No) No
14. Does this case originate from a matter pending in the Central Region ofthe U.S. Attorney's Office
prior to October 3 , 2019 (Mag. Judge Jared Strauss ? ( Yes or No) No
15. Did this matter involve the participation ofor consultation with now Magistrate Judge Eduardo I. Sanchez
during his tenure at the U.S. Attorney's Office , which concluded on January 22, 2023 ? No

By:

Jay Bratt

Assistant SpecialCounsel
Court ID No.A5502946
Case 9 :23- cr- 80101-AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 46 of 49

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant'sName: Donald J. Trump

CaseNo:

Counts # 1-31

WillfulRetentionofNationalDefenseInformation
, 18 U.S.C.§ 793( e )

Max. Term of Imprisonment: 10 years

Mandatory Min. Term of Imprisonment (if applicable) : N / A
Max. SupervisedRelease: 3 years
Max. Fine: $ 250,000

Count # : 32

Conspiracyto ObstructJustice, 18U.S.C.§ 1512

(k )

Max. Term of Imprisonment

: 20 years
Mandatory Min. Term of Imprisonment (if applicable) : N / A
Max. SupervisedRelease: 3 years
Max. Fine: $ 250,000

Count# : 33

Withholding a Document or Record, 18 U.S.C. § 1512(b ) (2 ) (A )

Max. Term of Imprisonment: 20 years

MandatoryMin. Term ofImprisonment
( if applicable
) : N /A
Max. SupervisedRelease: 3 years
Max. Fine: $ 250,000

Refers only to possible term of incarceration, supervised release and fines. Itdoes not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9 : 23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 47 of 49

Count# : 34

Corruptly Concealing a Document or Record, 18 U.S.C. § 1512( c ) ( 1 )

Max. Term of Imprisonment: 20 years

Mandatory Min. Term of Imprisonment (if applicable) : N / A
Max. Supervised Release: 3 years
Max. Fine: $ 250,000

Count # : 35

Concealing a Document in a Federal Investigation , 18 U.S.C. § 1519

Max. Term of Imprisonment: 20 years

Mandatory Min. Term of Imprisonment (if applicable) : N / A
Max. SupervisedRelease: 3 years
Max . Fine: $ 250,000

Count# : 36

Schemeto Conceal, 18 U.S.C.§ 1001( a ) ( 1)

Max. Term of Imprisonment: 5 years

Mandatory Min. Term of Imprisonment( if applicable) : N / A
Max. SupervisedRelease: 3 years
Max. Fine: $ 250,000

Count # : 37

False Statements and Representations, 18 U.S.C. § 1001( a ) ( 2 )

Max. Term of Imprisonment

: 5 years
Mandatory Min. Term of Imprisonment ( ifapplicable) : N / A
Max. Supervised Release: 3 years
Max. Fine: $ 250,000

Refersonly to possibleterm ofincarceration

, supervisedreleaseand fines. Itdoes not include
restitution, specialassessments, paroleterms, or forfeituresthat may be applicable
.
Case 9 :23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 48 of 49

UNITED STATES DISTRICT COURT

SOUTHERNDISTRICT OF FLORIDA

PENALTYSHEET

Defendant'sName: Waltine Nauta

Case No:

Count# 32

Conspiracyto ObstructJustice, 18 U.S.C. § 1512(k )

Max. Term of Imprisonment: 20 years

Mandatory Min. Term of Imprisonment( if applicable) : N / A
Max. Supervised Release: 3 years
Max. Fine: $ 250,000

Count# : 33

Withholding a Document or Record, 18 U.S.C. § 1512(b ) (2 ) (A )

Max. Term of Imprisonment: 20 years

Mandatory Min. Term of Imprisonment (if applicable ) : N / A
Max. Supervised Release: 3 years
Max. Fine: $ 250,000

Count# : 34

Corruptly Concealinga Document or Record, 18 U.S.C. § 1512( c ) ( 1)

Max. Term of Imprisonment: 20 years

Mandatory Min. Term of Imprisonment (if applicable) : N / A
Max. Supervised Release: 3 years
Max. Fine: $ 250,000

Count # : 35

Concealing a Document in a Federal Investigation, 18 U.S.C. § 1519

Max. Term of Imprisonment

: 20 years
Mandatory Min. Term of Imprisonment( if applicable) : N / A
Max. Supervised Release : 3 years
Max. Fine: $ 250,000

* Refersonlyto possibleterm ofincarceration

, supervisedreleaseand fines. Itdoes not include
restitution, specialassessments, paroleterms, or forfeituresthat may be applicable.
Case 9 :23- cr- 80101- AMC Document 3 Entered on FLSD Docket 06/08/2023 Page 49 of 49

Count# : 36

Schemeto Conceal
, 18 U.S.C.§ 1001( a ) ( 1 )

Max. Term of Imprisonment

: 5 years
Mandatory Min. Term of Imprisonment( if applicable) : N / A
Max. Supervised Release: 3 years
Max. Fine: $ 250,000

Count# : 38

False Statements and Representations, 18 U.S.C. § 1001( a ) (2 )

Max. Term of Imprisonment: 5 years

Mandatory Min. Term of Imprisonment( ifapplicable) : N / A
Max. SupervisedRelease: 3 years
Max. Fine: $ 250,000

* Refersonly to possibleterm ofincarceration

, supervisedreleaseand fines. Itdoes not include
restitution, specialassessments, paroleterms, or forfeituresthat may be applicable
.