Part 2 of 2
71. 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.
72. 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."
73. Earlier that same day, NAUTA, DE OLIVEIRA, 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 Attempt to Delete Security Camera Footage 74. On June 3, 2022, when FBI agents were at The Mar-a-Lago Club to collect the documents with classification markings from Trump Attorney 1 and Trump Attorney 3, the agents observed that there were surveillance cameras located near the Storage Room.
75. On June 22, 2022, the Department of Justice emailed an attorney for TRUMP's business organization a draft grand jury subpoena requiring the production of certain security camera footage from The Mar-a-Lago Club, including footage from cameras "on ground floor (basement)," where the Storage Room was located.
76. On June 23, 2022, at 8:46 p.m., TRUMP called DE OLIVEIRA and they spoke for approximately 24 minutes.
77. On Friday, June 24, 2022, the Department of Justice emailed the attorney for TRUMP's business organization the final grand jury subpoena, which required the production of "[a]ny and all surveillance records, videos, images, photographs and/or CCTV from internal cameras" at certain locations at The Mar-a-Lago Club, including "on ground floor (basement)," from January 10, 2022, to June 24, 2022.
78. That same day, June 24, 2022, at 1:25 p.m., Trump Attorney 1 spoke with TRUMP by phone regarding the subpoena for security camera footage. At 3:44 p.m., NAUTA received a text message from a co-worker, Trump Employee 3, indicating that TRUMP wanted to see NAUTA. Less than two hours later, NAUTA -- who was scheduled to travel with TRUMP to Illinois the next day -- changed his travel schedule and began to make arrangements to go to Palm Beach, Florida, instead.
79. NAUTA provided inconsistent explanations to colleagues for his sudden travel to Florida. At 7:14 p.m. on June 24, he texted one person that he would not be traveling with TRUMP the next day because he had a family emergency and used ''shushing" emojis; at 9:48 p.m. that night, he texted a Secret Service agent that he had to check on a family member in Florida; and after he arrived in Florida on June 25, he texted the same Secret Service agent that he was in Florida working.
80. Around the same time on June 24 that NAUTA was making his travel plans to go to Florida, NAUTA and DE OLIVEIRA contacted Trump Employee 4, who was the Director of Information Technology ("IT') at The Mar-a-Lago Club, as follows:
a. At 5:02 p.m., NAUTA sent text messages to Trump Employee 4 asking, ''Hey bro You around this weekend."
b. At 5:05 p.m., NAUTA texted DE OLIVEIRA, asking, "Hey brother You working today?" DE OLIVEIRA responded, "Yes I just left." NAUTA then called DE OLIVEIRA and they spoke for approximately two minutes.
c. At 5:09 p.m., Trump Employee 4 texted a response to NAUTA, "I am local. Entertaining some family that came to visit. What's up?" NAUTA responded to Trump Employee 4, "Ok, cool. No biggie just wanted to see if you where around. Enjoy bro!''
d. At 6:56 p.m., DE OLIVEIRA texted Trump Employee 4, "Hey buddy how are you ... Walter call me early said it was trying to get in touch with you I guess he's coming down tomorrow I guess needs you for something." Trump Employee 4 responded, "He reached out but he didn't say what he wanted. I told him I was local but entertaining some family that came from NYC this weekend. He told me to no worries.''
e. At 6:58 p.m., Trump Employee 4 texted NAUTA, "Bro, if you need me I can get away for a few. Just let me know." NAUTA responded, "Sounds good!! Thank you.''
81. On Saturday, June 25, 2022, NAUTA traveled from Bedminster, New Jersey, to Palm Beach, Florida. Prior to NAUTA's trip, DE OLIVEIRA told a valet at The Mar-a-Lago Club ("Trump Employee 5") that NAUTA was coming down. DE OLIVEIRA asked Trump Employee 5 not to tell anyone that NAUTA was coming down because NAUTA wanted the trip to remain secret. DE OLIVEIRA also told Trump Employee 5 that NAUTA wanted DE OLIVEIRA to talk to Trump Employee 4 to see how long camera footage was stored.
82. Shortly after arriving in Palm Beach on the evening of June 25, NAUTA went to The Mar-a-Lago Club and met with DE OLIVEIRA at 5:46 p.m. At The Mar-a-Lago Club, NAUTA and DE OLIVEIRA went to the security guard booth where surveillance video is displayed on monitors, walked with a flashlight through the tunnel where the Storage Room was located, and observed and pointed out surveillance cameras.
83. On Monday, June 27, 2022, at 9:48 a.m., DE OLIVEIRA walked to the IT office where Trump Employee 4 was working with another employee in the IT department. DE OLIVEIRA requested that Trump Employee 4 step away from the office so that DE OLIVEIRA and Trump Employee 4 could talk.
84. At 9:49 a.m., Trump Employee 4 and DE OLIVEIRA left the area of the IT office together and walked through a basement tunnel. DE OLIVEIRA took Trump Employee 4 to a small room known as an "audio closet" near the White and Gold Ballroom. Once inside the audio closet, DE OLIVEIRA and Trump Employee 4 had the following exchange:
a. DE OLIVEIRA told Trump Employee 4 that their conversation should remain between the two of them.
b. DE OLIVEIRA asked Trump Employee 4 how many days the server retained footage. Trump Employee 4 responded that he believed it was approximately 45 days.
c. DE OLIVEIRA told Trump Employee 4 that "the boss" wanted the server deleted. Trump Employee 4 responded that he would not know how to do that, and that he did not believe that he would have the rights to do that. Trump Employee 4 told DE OLIVEIRA that DE OLIVEIRA would have to reach out to another employee who was a supervisor of security for TRUMP's business organization. DE OLIVEIRA then insisted to TRUMP Employee 4 that "the boss" wanted the server deleted and asked, "what are we going to do?"
85. At 10:14 a.m., DE OLIVEIRA texted NAUTA, who was still in Florida, "Hey buddy are you working today?" DE OLIVEIRA then called NAUTA at 10:15 a.m., and they spoke for approximately one minute.
86. Later that day, at I :06 p.m., NAUTA texted DE OLIVEIRA, who was at The Mar-a-Lago Club, "On my way to you." Between 1:31 p.m. and 1:50 p.m., DE OLIVEIRA walked through the bushes on the northern edge of The Mar-a-Lago Club property to meet with NAUTA on the adjacent property; then walked back to the IT office that he had visited that morning; and then walked again through the bushes on the northern edge of The Mar-a-Lago Club property to meet with NAUTA on the adjacent property.
87. At 3:55 p.m., TRUMP called DE OLIVEIRA and they spoke for approximately three and a half minutes.
The Court-Authorized Search of The Mar-a-Lago Club 88. 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.
89. 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.
90. During the execution of the 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:
Location / Number of Documents / Classification Markings
TRUMP's Office / 27 / Top Secret (6); Secret (18); Confidential (3)
Storage Room / 75 / Top Secret (11); Secret (36); Confidential (28)
91. Just over two weeks after the FBI discovered classified documents in the Storage Room and TRUMP's office, on August 26, 2022, NAUTA called Trump Employee 5 and said words to the effect of, "someone just wants to make sure Carlos is good." In response, Trump Employee 5 told NAUTA that DE OLIVEIRA was loyal and that DE OLIVEIRA would not do anything to affect his relationship with TRUMP. That same day, at NAUTA's request, Trump Employee 5 confirmed in a Signal chat group with NAUTA and the PAC Representative that DE OLIVEIRA was loyal. That same day, TRUMP called DE OLIVEIRA and told DE OLIVEIRA that TRUMP would get DE OLIVEIRA an attorney.
COUNTS 1-32
Willful Retention of National Defense Information
(18 U.S.C. § 793(e)) 92. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
93. 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 to the officer and employee of the United States entitled to receive them; that is- -- RUMP, without authorization, retained at The Mar-a-Lago Club documents relating to the national defense, including the following:
Count / Date of Offense / Classification Marking / Document Description
1 / January 20, 2021 - August 8, 2022 / TOP SECRET//NOFORN//SPECIAL HANDLING / Document dated May 3, 2018, concerning White House intelligence briefing related to various foreign countries
2 / January 20, 2021 - August 8, 2022 / TOP SECRET//SI//NOFORN//SPECIAL HANDLING / Document dated May 9, 2018, concerning White House intelligence briefing related to various foreign countries
3 / January 20, 2021 - August 8, 2022 / TOP SECRET//SI//NOFORN//FISA / Undated document concerning military capabilities of a foreign country and the United States, with handwritten annotation in black marker
4 / January 20, 2021 - August 8, 2022 / TOP SECRET//SPECIAL HANDLING / Document dated May 6, 2019, concerning White House intelligence briefing related to foreign countries, including military activities and planning of foreign countries
5 / January 20, 2021 - August 8, 2022 / TOP SECRET//[redacted]/[redacted]//ORCON/NOFORN / Document dated June 2020 concerning nuclear capabilities of a foreign country
6 / January 20, 2021 - August 8, 2022 / TOP SECRET//SPECIAL HANDLING / Document dated June 4, 2020, concerning White House
7 / January 20, 2021 - August 8, 2022 / SECRET//NOFORN / Document dated October 21, 2018, concerning communications with a leader of a foreign country
8 / January 20, 2021 - August 8, 2022 / SECRET//REL TO USA, FVEY / Document dated October 4, 2019, concerning military capabilities of a foreign country
9 / January 20, 2021 - August 8, 2022 / TOP SECRET//[redacted]/[redacted]//ORCON/NOFORN/FISA / Undated document concerning military attacks by a foreign country
10 / January 20, 2021 - August 8, 2022 / TOP SECRET//TK//NOFORN / Document dated November 2017 concerning military capabilities of a foreign country
11 / January 20, 2021 - August 8, 2022 / No marking / Undated document concerning military contingency planning of the United States
12 / January 20, 2021 - August 8, 2022 / SECRET//REL TO USA, FVEY / Pages of undated document concerning projected regional military capabilities of a foreign country and the United States
13 / January 20, 2021 - August 8, 2022 / TOP SECRET//SI/TK//NOFORN / Undated document concerning military capabilities of a foreign country and the United States
14 / January 20, 2021 - August 8, 2022 / SECRET//ORCON/NOFORN / Document dated January 2020 concerning military options of a foreign country and potential effects on United States interests
15 / January 20, 2021 - August 8, 2022 / SECRET//ORCON/NOFORN / Document dated February 2020 concerning policies in a foreign country
16 / January 20, 2021 - August 8, 2022 / SECRET//ORCON/NOFORN / Document dated December 2019 concerning foreign country support of terrorist acts against United States interests
17 / January 20, 2021 - August 8, 2022 / TOP SECRET//[redacted]/TK//ORCON/IMCON/NOFORN / Document dated January 2020 concerning military capabilities of a foreign country
18 / January 20, 2021 - August 8, 2022 / SECRET//NOFORN / Document dated March 2020 concerning military operations against United States forces and others
19 / January 20, 2021 - August 8, 2022 / SECRET//FORMERLY RESTRICTED DATA / Undated document concerning nuclear weaponry of the United States
20 / January 20, 2021 - August 8, 2022 / TOP SECRET//[redacted]//ORCON/NOFORN / Undated document concerning timeline and details of attack in a foreign country
21 / January 20, 2021 - August 8, 2022 / SECRET//NOFORN / Undated document concerning military capabilities of foreign countries
22 / January 20, 2021 - June 3, 2022 / TOP SECRET//[redacted]//RSEN/ORCON/NOFORN / Document dated August 2019 concerning regional military activity of a foreign country
23 / January 20, 2021 - June 3, 2022 / TOP SECRET//SPECIAL HANDLING / Document dated August 30, 2019, concerning White House intelligence briefing related to various foreign countries, with handwritten annotation in black marker
24 / January 20, 2021 - June 3, 2022 / TOP SECRET//HCWS-P/SI//ORCON-USGOV/NOFORN / Undated document concerning military activity of a foreign country
25 / January 20, 2021 - June 3, 2022 / TOP SECRET//HCS-P/SI//ORCON-USGOV/NOFORN / Document dated October 24, 2019, concerning military activity of foreign countries and the United States
26 / January 20, 2021 - June 3, 2022 / TOP SECRET//[redacted]//ORCON/NOFORN/FISA / Document dated November 7, 2019, concerning military activity of foreign countries and the United States
27 / January 20, 2021 - June 3, 2022 / TOP SECRET//SI/TK//NOFORN / Document dated November 2019 concerning military activity of foreign countries
28 / January 20, 2021 - June 3, 2022 / TOP SECRET//SPECIAL HANDLING / Document dated October 18, 2019, concerning White House intelligence briefing related to various foreign countries
29 / January 20, 2021 - June 3, 2022 / TOP SECRET//[redacted]/SI/TK//ORCON/NOFORN / Document dated October 18, 2019, concerning military capabilities of a foreign country
30 / January 20, 2021 - June 3, 2022 / TOP SECRET//[redacted]//ORCON/NOFORN/FISA / Document dated October 15, 2019, concerning military activity in a foreign country
31 / January 20, 2021 - June 3, 2022 / TOP SECRET//SI/TK//NOFORN / Document dated February 2017 concerning military activity of a foreign country
32 / January 20, 2021 - January 17, 2022 / TOP SECRET//NOFORN / Presentation concerning military activity in a foreign country
All in violation of Title 18, United States Code, Section 793(e).
COUNT33
Conspiracy to Obstruct Justice
18 U.S.C. § 1512(k)) 94. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
The Conspiracy and its Objects 95. 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,
WALTINE NAUTA,
and CARLOS DE OLIVEIRA 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); to corruptly persuade another person, with intent to cause and induce any person to alter, destroy, mutilate, and conceal an object with intent to impair the object's integrity and availability for use in an official proceeding, in violation of 18 U.S.C. § 1512(b)(2)(8); and to corruptly alter, destroy, mutilate, and 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 96. 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 Conspiracy97. 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;
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;
f. making false and misleading statements to the FBI; and
g. attempting to delete security camera footage from The Mar-a-Lago Club to conceal the footage from the FBI and grand jury.
All in violation of Title 18, United States Code, Section 1512(k).
COUNT 34
Withholding a Document or Record
(18 U.S.C. §§ 1512(b)(2)(A), 2) 98. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
99. 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 15 l2(b)(2)(A) and 2.
COUNT 35
Corruptly Concealing a Document or Record
(18 U.S.C. §§ 1512(c)(1), 2) 100. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
101. 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.
All in violation of Title 18, United States Code, Sections 1512(c )(1) and 2.
COUNT 36
Concealing a Document in a Federal Investigation
(18 U.S.C. §§ 1519, 2) 102. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
103. 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 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.
COUNT 37
Scheme to Conceal
(18 U.S.C. §§ 1001(a)(1), 2) 104. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
105. 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 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 and the FBI TRUMP's continued possession of documents with classification markings.
All in violation of Title 18, United States Code, Sections 1001 (a)(1) and 2.
COUNT 38
False Statements and Representations
(18 U.S.C. §§ 1001(a)(2), 2) 106. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
107. 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 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 all responsive documents accompany this certification."
108. 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 1 's search would not and did not include all of TRUMP's boxes that were removed from the White House; Trump Attorney 1's search would not and did not locate all
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 l00l(a)(2) and 2.
COUNT 39
False Statements and Representations
(18 U.S.C. § 100l(a)(2)) 109. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
110. 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.
111. 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 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: Does any -are you aware of any boxes being brought to his home -his suite?
Answer: No.
Question: All right. So, so to the best of your knowledge, you're 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 --
Answer: Correct.
Question: -to take them. Okay.
* * *
Question: In knowing that we're 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 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: I wish, I wish I could tell you. I don't know. I don't-I honestly just don't know.
* * *
Question: And what-so, so you only saw the 15 boxes, 15, 17 boxes-
Answer: Mm-hm.
Question: -the day of the 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.
Question: So, you didn't know-had no idea how they got there before?
Answer: No.
112. 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 NA UTA 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).
COUNT 40
Altering, Destroying, Mutilating, or Concealing an Object
(18 U.S.C. §§ 1512(b)(2)(B), 2) 113. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
114. From on or about June 22, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants,
DONALD J. TRUMP,
WALTINE NAUTA,
and CARLOS DE OLIVEIRA did knowingly corruptly persuade and attempt to persuade another person, with intent to cause and induce any person to alter, destroy, mutilate, and conceal an object with intent to impair the object's integrity and availability for use in an official proceeding; that is -- TRUMP, NAUTA, and DE OLIVEIRA requested that Trump Employee 4 delete security camera footage at The Mara-Lago Club to prevent the footage from being provided to a federal grand jury.
All in violation of Title 18, United States Code, Sections 1512(b )(2)(8) and 2.
COUNT 41
Corruptly Altering, Destroying, Mutilating or Concealing a Document, Record, or Other Object
(18 U.S.C. §§ 1512(c)(1), 2) 115. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
116. From on or about June 22, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants,
DONALD J. TRUMP,
WALTINE NAUTA,
and CARLOS DE OLIVEIRA did corruptly alter, destroy, mutilate. and 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, NAUTA, and DE OLIVEIRA requested that Trump Employee 4 delete security camera footage at The Mar-a-Lago Club to prevent the footage from being provided to a federal grand jury.
All in violation of Title 18, United States Code, Sections 15 12(c)(1) and 2.
COUNT 42
False Statements and Representations
(18 U.S.C. § 1001(a)(2)) 117. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference.
118. On January 13, 2023, DE OLIVEIRA participated in a voluntary interview with the FBI at DE OLIVEIRA's residence. During the interview, the FBI explained to DE OLIVEIRA that the FBI was investigating how classified documents had been kept at The Mara-Lago Club, and the FBI asked DE OLIVEIRA questions about the location and movement of TRUMP's boxes and other items. DE OLIVEIRA was advised by the FBI that the interview was voluntary and that he could tell the agents to leave at any time. The FBI also advised DE OLIVEIRA that it was a criminal offense to lie to the FBI. The interview was recorded.
119. On or about January 13, 2023, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant,
CARLOS DE OLIVEIRA, 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, DE OLIVEIRA was asked the following questions and gave the following false answers:
Question: When --after the end of the presidency, boxes arrived to Mar-a-Lago. Were you part of any group to help --
Answer: No.
Question: --unload them and move them?
Answer: No.
* * *
Question: Do you --were you --do you even know, like, or were you even there or aware that boxes were --
Answer: No.
Question: --like, all this stuff was being moved in?
Answer: Never saw anything.
Question: Okay.
Answer: Yeah. And then --
Question: Even his personal stuff, like, his clothes -
Answer: Never.
Question: --and furniture, nothing?
Answer: Never saw nothing.
Question: Okay. So you don't know where items would have been stored, as soon as he moved back to Mar-a-Lago?
Answer: No.
120. The underscored statements and representations above were false, as DE OLIVEIRA knew, because DE OLIVEIRA had personally observed and helped move TRUMP's boxes when they arrived at The Mar-a-Lago Club in January 2021.
All in violation of Title 18, United States Code, Section 1001(a)(2).
A TRUE BILL
[DELETE]
FOREPERSON
JACK SMITH
SPECIAL COUNSEL
UNITED STATES DEPARTMENT OF JUSTICE
***
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: Donald J. Trump
Case No.: 23-CR-80101-AMC(s)
Counts #:1-32
Willful Retention of National Defense Information, 18 U.S.C. § 793(e)
*Max.Term of Imprisonment: 10 years *
*Mandatory Min. Term of Imprisonment (if applicable): N/A
* Max. Supervised Release: 3 years
*Max. Fine: $250,000
Count#: 33
Conspiracy to Obstruct Justice, 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#: 34
Withholding a Document or Record, 18 U.S.C. §§ 1512(b)(2)(A), 2
* 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
Corruptly Concealing a Document or Record, 18 U.S.C. §§ 1512(c)(1), 2
* 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#: 36
Concealing a Document in a Federal Investigation, 18 U.S.C. §§ 1519, 2
* 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#: 37
Scheme to Conceal, 18 U.S.C. §§ 1001(a)(1), 2
*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#: 39
False Statements and Representations, 18 U.S.C. § 1001 (a)(2)
*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#: 40
Altering, Destroying, Mutilating, or Concealing an Object. 18 U.S.C. §§ 1512(b)(2)(B). 2
* 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#: 41
Corruptly Altering, Destroying. Mutilating, or Concealing a Document, Record, or Other Object. 18 U.S.C. §§ 1512(c)(1), 2
* Max. Term of Imprisonment: 20 years
* Mandatory Min. Term of Imprisonment (if applicable): N/A
*Max. Supervised Release: 3 years
*Max. Fine: $250,000
*Refers only to possible term of incarceration, supervised release and fines. It does not include restitution, special assessments, parole terms, or forfeitures that may be applicable.
***
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: Waltine Nauta
Case No.: 23-CR-80101-AMC(s)
Count#: 33
Conspiracy to Obstruct Justice, 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#: 34
Withholding a Document or Record, 18 U.S.C. §§ 1512(b)(2)(A), 2
* 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
Corruptly Concealing a Document or Record, 18 U.S.C. §§ 1512(c)(1), 2
* 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#: 36
Concealing a Document in a Federal Investigation, 18 U.S.C. §§ 1519, 2
* 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#: 37
Scheme to Conceal, 18 U.S.C. §§ 1001(a)(1), 2
* 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#: 39
False Statements and Representations, 18 U.S.C. § 1001(a)(2)
* 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#: 40
Altering, Destroying, Mutilating, or Concealing an Object, 18 U.S.C. §§ 1512(b)(2)(B), 2
* 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#: 41
Corruptly Altering, Destroying, Mutilating, or Concealing a Document, Record, or Other Object, 18 U.S.C. §§ 1512(c)(1), 2
* Max. Term of Imprisonment: 20 years
* Mandatory Min. Term of Imprisonment (if applicable): N/A
* Max. Supervised Release: 3 years
* Max. Fine: $250,000
*Refers only to possible term of incarceration, supervised release and fines. It does not include restitution, special assessments, parole terms, or forfeitures that may be applicable.
***
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: Carlos De Oliveira
Case No.: 23-CR-80101-AMC(s)
Count #: 33
Conspiracy to Obstruct Justice, 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#: 40
Altering. Destroying, Mutilating. or Concealing an Object, 18 U.S.C. §§ 1512(b)(2)(B). 2
* 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#: 41 Corruptly Altering, Destroying. Mutilating, or Concealing a Document, Record. or Other Object, 18 U.S.C. §§ 1512(c)(1), 2
* 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#: 42
False Statements and Representations, 18 U.S.C. § 1001 (a)(2)
*Max. Term of Imprisonment: 5 years
* Mandatory Min. Term of Imprisonment (if applicable): N/A
* Max. Supervised Release: 3 years
* Max. Fine: $250,000
*Refers only to possible term of incarceration, supervised release and fines. It does not include restitution, special assessments, parole terms, or forfeitures that may be applicable.