Top Ten Most Serious Accusations Made in the June, 2023 Indictment of Donald Trump
On the campaign trail, Trump made the protection of classified information a major point in order to attack Hillary Clinton for her alleged mishandling of secret documents. He said:- "In my administration I’m going to enforce all laws concerning the protection of classified information. No one will be above the law."
- "[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."
- "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."
It turns out Trump has once again proven that whatever he accuses his opponents of, there's a good chance he has done or will do worse. Whether it's bashing Obama for his time spent golfing (Trump golfed more and enriched himself at the taxpayers' expense in the process), bashing Obama for his response to the Swine Flu that killed 12,000 people in the U.S. (less than four days' worth of deaths at the height of COVID), or accusing Biden of stealing an election that Trump unequivocally tried to steal (likely future indictments coming soon), Trump is the personification of the adage that every accusation is an admission.
Ironically, it's not just that he reveled in chants of "lock her up" and is now in much more serious jeopardy of being locked up himself. It's that when he was President in 2018, Trump, ostensibly in an effort to punish Clinton, signed legislation that increased the maximum penalty for "unauthorized removal and retention of classified documents or material" from one to five years. This also upgraded the offense to a Class E felony.
As Trump's former Attorney General, Bill Barr, said, Trump could have avoided all these legal woes regarding the classified documents if he had not "jerked them around for a year and a half". But now, the twice-impeached, twice-indicted (so far), and two-time loser of the popular vote (so far), is facing the serious possibility that he could spend some, if not all, of his remaining years in orange clothing instead of orange makeup.
And for what? Really. Some have floated the idea that Trump planned to profit from the documents, perhaps selling them to the highest bidder. But that's nothing more than wild speculation. The truth appears to be much less grand. According to reports, Trump had the "big sad" after the votes of 81 million Americans sent him packing. He still wanted to feel like the big man, so he kept his keepsakes and mementos. And when the rightful owners asked for them back, he put on the same petulant child act he did whenever things didn't go his way, or when people said mean (but not necessarily untrue) things about him.
Only this time, Trump is not just facing embarrassment and conviction in the court of public opinion, he's facing serious legal consequences. As is detailed in the list below, Trump has been accused of very serious offenses against the United States: the type of offenses that would, if proven, result in any other person spending considerable time behind bars.
The Top Ten
1 Trump knowingly retained dozens of classified documents relating to the national defense including documents concerning U.S. and foreign military capabilities and nuclear weaponry
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.
Classified documents included:
- Document dated May 6, 2019, concerning White House intelligence briefing related to foreign countries, including military activities and planning of foreign countries with classification marking TOP SECRET//SPECIAL HANDLING
- Document dated October 21, 2018, concerning communications with a leader of a foreign country with classification marking SECRET//NOFORN
- Undated document concerning military capabilities of a foreign country and the United States with classification marking TOP SECRET//SI/TK//NOFORN
- Undated document concerning nuclear weaponry of the United States with classification marking SECRET//FORMERLY RESTRICTED DATA
Classified documents included:
- Document dated May 6, 2019, concerning White House intelligence briefing related to foreign countries, including military activities and planning of foreign countries with classification marking TOP SECRET//SPECIAL HANDLING
- Document dated October 21, 2018, concerning communications with a leader of a foreign country with classification marking SECRET//NOFORN
- Undated document concerning military capabilities of a foreign country and the United States with classification marking TOP SECRET//SI/TK//NOFORN
- Undated document concerning nuclear weaponry of the United States with classification marking SECRET//FORMERLY RESTRICTED DATA
I cannot fathom why people still jump to this man's defense after everything that has come out about him over his entire career. This includes not just his presidency, but his professional and personal life as well. Why?
How accurate, important, informative, and detailed of a list.
2 Trump showed classified documents to people who did not have security clearance
On two occasions in 2021, TRUMP showed classified documents to others, as follows:
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 can’t, 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.
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 can’t, 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.
3 Trump directed the moving of boxes containing classified documents in order to conceal them
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.
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.
Between May 23, 2022, and June 2, 2022, before Trump Attorney 1’s 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.
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.
Between May 23, 2022, and June 2, 2022, before Trump Attorney 1’s 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.
4 Trump said about a classified document, "as president I could have declassified it," and, "Now I can't, you know, but this is still a secret"
TRUMP: By the 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: You did.
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
have to try to—
TRUMP: Declassify it.
STAFFER: —figure out a—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’t that interesting?
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 don’t know, we’ll, we’ll have to see. Yeah, we’ll
have to try to—
TRUMP: Declassify it.
STAFFER: —figure out a—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’t that interesting?
So much for "I declassified everything" and "I can declassify things just by thinking it." This proves that the documents were classified and Trump knew it.
5 Trump suggested his attorney lie to the FBI and grand jury by saying he did not have the documents called for by the grand jury subpoena
May 23, 2022: 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. Well what if we, what happens if we just don’t respond at all or don’t play ball with them?
c. Wouldn’t it be better if we just told them we don’t have anything here?
d. Well look isn’t it better if there are no documents?
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. Well what if we, what happens if we just don’t respond at all or don’t play ball with them?
c. Wouldn’t it be better if we just told them we don’t have anything here?
d. Well look isn’t it better if there are no documents?
6 Trump suggested his attorney hide or destroy documents called for by the grand jury subpoena
June 2, 2023: 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.
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.
7 Trump knowingly caused a certification to be submitted to the FBI and grand jury falsely representing that all documents called for by the grand jury subpoena had been produced
On June 3, 2022, at Trump Attorney 1’s request, Trump Attorney 3 signed a certification as the custodian of records for The Office of Donald J. 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 3—who performed no search of TRUMP’s boxes, had not reviewed the May 11 Subpoena, and had not reviewed the contents of the Redweld folder—stated, among other things, that "[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."
These statements were false because, among other reasons, TRUMP had directed NAUTA to move boxes before Trump Attorney 1’s June 2 review, so that many boxes were not searched and many documents responsive to the May 11 Subpoena could not be found—and in fact were not found—by Trump Attorney 1.
Earlier that 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.
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."
These statements were false because, among other reasons, TRUMP had directed NAUTA to move boxes before Trump Attorney 1’s June 2 review, so that many boxes were not searched and many documents responsive to the May 11 Subpoena could not be found—and in fact were not found—by Trump Attorney 1.
Earlier that 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.
8 Trump stored classified documents in a ballroom, bathroom and shower, an office space, his bedroom, and a storage room
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.
In March 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.
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.
On June 24, 2021, TRUMP’s boxes that were in the Lake Room were moved to the Storage Room.
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.In March 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.
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.
On June 24, 2021, TRUMP’s boxes that were in the Lake Room were moved to the Storage Room.
I thought Trump would have a larger bathroom considering he is a billionaire.
9 Trump willfully possessed classified documents he was not lawfully authorized to have
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.
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.
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.
10 Trump had classified documents moved to The Bedminster Club
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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