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      Surveillance footage of Trump boxes paved way for FBI’s Mar-a-Lago search

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      Federal prosecutors used surveillance footage to determine within weeks of collecting subpoenaed classified documents from Donald Trump last year that there might be more national security materials at Mar-a-Lago, according to newly unsealed descriptions in the FBI search warrant application.Much of the justification for executing a search warrant on Trump’s residence in Florida was detailed in the sprawling indictment charging him with retention of national defense information and obstruction of justice.But the parts of the affidavit released on Thursday – filed by the justice department after the federal magistrate judge in the Trump documents case ordered the release – provided a clearer explanation of the probable cause used to justify the FBI search.Last June, shortly after Trump’s lawyers returned a folder of 38 classified documents to prosecutors after being issued a subpoena, prosecutors subpoenaed footage from surveillance cameras in the vicinity of the storage room, the affidavit said.The hard drive that was turned over in July 2022 included tapes from a camera called “South Tunnel Liquor” that recorded the gold-painted door to the storage room and had a field of vision just wide enough to capture the exit to the tunnel leading back to the rest of the Mar-a-Lago property.When prosecutors reviewed the footage, they noticed that Trump’s valet Walt Nauta had removed more than 50 boxes from the storage room but did not bring the same number back before Trump’s then lawyer Evan Corcoran looked through them for any classified documents.“The current location of the boxes removed from the storage room but not returned to it is unknown,” said the FBI agent on the investigation who drafted the affidavit, adding that it was clear from the lack of a lid that at least one of the boxes that Nauta removed contained documents.Prosecutors suspected that Trump might have kept some classified documents as his lawyers had only returned 38 papers, a far smaller number than they had anticipated given the 15 boxes Trump sent to the National Archives earlier in the year contained 200 classified documents.The conclusion inside the justice department’s national security division, according to multiple sources familiar with the matter and the language in the affidavit, was that 50 boxes should have yielded hundreds of classified documents if 15 boxes yielded 200.The suspicion that Trump had played what a federal judge later referred to as a “shell game” with the boxes during the criminal investigation last year proved to be correct when the FBI executed the warrant in August 2022 and seized 103 classified documents from the storage room and Trump’s office.Other parts of the affidavit – including the discussion about whether Trump declassified the documents provided by his close associate Kash Patel, who the Guardian has reported was granted immunity in the criminal investigation – are still redacted.skip past newsletter promotionafter newsletter promotionA Trump spokesperson said in a statement that the affidavit showed Trump was open to curing his retention of national security documents but “the weaponized DOJ rejected this offer of cooperation” in an effort to “inflict maximum political damage” on his 2024 campaign.The US magistrate judge Bruce Reinhart, who approved the justice department’s application for a search warrant for Mar-a-Lago, ordered more parts of the affidavit to be made public after the Guardian and other news organizations filed a motion last week seeking the document to be released.Prosecutors last month charged Trump with violating the Espionage Act for retaining national security documents. They also charged Trump and Nauta with conspiring to obstruct justice by causing classified documents to not be returned to the government by moving the boxes out of the storage room.The former president has pleaded not guilty to all charges in federal district court in Miami. Nauta also pleaded not guilty when he appeared for his arraignment on Thursday that was rescheduled after he was unable to find a Florida-based lawyer. More

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      Why was Trump hoarding classified government documents? | Moira Donegan

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      There are many surreal revelations in Jack Smith’s federal indictment of Donald Trump. There are the texts between various Trump underlings and Walt Nauta, the Trump body man who has also been indicted, showing the president directing his employees to move the boxes containing classified information back and forth to various locations around his properties in Palm Beach and Bedminster, New Jersey. There is the annoyed missive from Trump’s wife Melania, trying to make sure the boxes don’t crowd out room for her luggage on a private plane. There is the claim from Trump’s former attorney, compelled to testify against him in an unusual arrangement, that the former president suggested, with a Grinch-like pinching gesture, that the lawyer destroy confidential documents to prevent them from being produced in a subpoena. There is a text message Nauta sent to another Trump underling, showing a box having fallen over in a storage room at Mar-a-Lago, secret documents spilling on to the floor – whoops.What there is not, conspicuously, is a motive. Over the course of more than a year following his departure from office, it appears that Trump spent considerable effort and resources in transporting the documents with him and keeping them near at hand – and that later, as the federal government began to demand the boxes back, that he then went out of his way to keep and conceal them, going to great length, sparing no expense, and ultimately breaking the law so much that he incurred himself a series of felony charges. Anyone can tell you how this behavior is typical of Trump: how it reflects his pettiness, his contempt for the law, his willingness to sacrifice and endanger others. What no one can tell you is why he did it.It would be more convenient – legally, for Jack Smith and his prosecutors, and politically, for Joe Biden, for the Democrats, and for the growing number of Republicans who are looking to challenge Trump in the 2024 Republican primary – if we could say precisely why Trump wanted to keep the documents so badly, exactly what he wanted them for. It would be very easy to make a case to a skeptical jury – or to a divided American people – that Trump was a danger and could not be trusted with national secrets again if it could be said that he wanted to keep the documents for any of the straightforwardly dangerous and nefarious reasons that have been speculated: if he was seeking to sell national security secrets to the Saudis, say, or to Israel; if he was hoping, as some have suggested, that he one day might be able to blackmail someone powerful, like the president of France.It’s very possible that Trump had concocted such a plan. There is much that we do not know about the investigations into Trump, including about the special counsel’s query into his illegal document retention. But we do know that in the past, we know that he has gone further, and risked more, in the pursuit of even more harebrained schemes.But what seems the most likely explanation is the simplest, stupidest, and most aggravating one: that Trump had no plan for the documents, except perhaps for use as souvenirs, trophies to be shown off, maybe as evidence for petty score-settling. That the documents that Trump smuggled out of the White House and squirreled away around Mar-a-Lago and Bedminster were not instruments in a coherent, well-formed plan, but instead mere ornaments to Trump’s ego. In transcripts of Trump’s statements about the documents that were included in the indictment, and in audio of Trump showing some of the secret papers off to a writer that was recently released by CNN, Trump uses the documents to contradict a former national security official he was then in a spat with in the press; he tells one interlocutor not to get too close to one of the secret papers, seeming to want to create a hush of reverence for the documents in place of respecting their confidentiality in the first place. At these moments, Trump does not sound as if he has a plan. He sounds as if he wants to impress the people in the room with him, and like he can think no further ahead than to how good it will feel to get their praise.Why did Trump want the secret documents? Why did he refuse to return them? The answer may be the one truest to Trump’s piddling, puerile character: because they looked cool; because they reminded him of his own importance; because the government had asked for them back, and Trump has never missed an opportunity to throw a petulant little tantrum.It is this smallness of Trump’s character, and the possible triviality of his motives, that poses a peculiar risk to both of the cases being made against Trump – the one being pursued in a Miami courthouse, and the one being pursued in public. Because there has always been an uncanny mismatch with Trump, an incongruence: between the awesome and vast powers he had in office, the historical forces he unleashed on America, and the horrible ways his presidency warped millions of lives, on the one hand; and on the other, his pettiness, his vanity, his short-sightedness, his piddling personal grievances and constant need to be flattered and reassured.The gap between the seriousness of Trump’s role in history and his unseriousness as a person is the strange place where the documents case – and, now, much of American political thought – risks getting stuck. The very silliness of Trump’s use of the documents undercuts the grave risks posed by his hoarding of them. How can such a powerful country have been made so vulnerable by someone so stupid?
      Moira Donegan is a Guardian US columnist More

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      Trump classified documents trial could be delayed until spring 2024

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      Federal prosecutors in the classified documents case against Donald Trump have asked for a tentative trial date in December, but the complex nature of the US government’s own rules for using such secrets in court, and expected legal challenges, could delay the trial until at least the spring of 2024.Trump was charged with retaining national defense information, including US nuclear secrets and plans for US retaliation in the event of an attack, which means his case will be tried under the rules laid out in the Classified Information Procedures Act, or Cipa.The statute was passed in the 1980s to protect the government against the “graymail” problem in national security cases, a tactic where the defense threatens to reveal classified information at trial, betting that the government would prefer to drop the charges rather than risk disclosure.Cipa essentially requires the defense to disclose what classified information they want to use at trial in advance, so the courts can decide whether to add restrictions. If the government feels the restrictions aren’t enough, they can decide whether they still want to continue with the case.While Cipa established a mechanism through which the government can safely charge cases involving classified documents, the series of steps that have to be followed means it takes longer to get to trial compared with regular criminal cases without national security implications.Cipa also requires the defense to review all classified materials and draft briefs in an ultra-secure room designed to handle secret documents called a sensitive compartmented information facility (Scif). If the only Scif is in Miami, just the back-and-forth travel could necessitate a slower schedule.The prosecutors in the Trump case have indicated they want to get to trial quickly, but the complexities of Cipa and Trump’s clear preference for delay – if he wins the election before it gets to trial, the case may be dropped – could significantly push back the government’s proposed timetable.To that end, the timetable amounts to more of a signal from prosecutors that they believe they would be ready to take the Trump case to trial before the end of the year, than a realistic schedule, since it will be subject to multiple hurdles, as identified by legal experts familiar with the process.
      Cipa section 2: timings conference
      Section 2 requires the US district court judge Aileen Cannon, who is presiding over the Trump classified documents case in Florida, to promptly hold a hearing with prosecutors and the Trump legal team to establish a timetable for the discovery of classified materials and their use at trial.The process was started on Monday when Cannon scheduled a hearing to take place on 14 July. That date suggests she will pursue a slower schedule than proposed by the government, which had sought to get the hearing done and start the discovery of classified documents by 10 July.
      Cipa section 3: classified discovery
      Just like in any other case, the government is required to provide to the defense all materials they intend to use at trial – including the classified documents. Section 3 requires Cannon to issue a protective order governing the discovery of classified documents to the defense.The protective order is the first hurdle because it needs to be blessed by Cannon before the government can start with the classified discovery. The Trump legal team may challenge the conditions of the protective order.Trump can challenge the protective order by asking Cannon for an exemption – potentially to extend access to the former president himself – according to an informal handbook for prosecutors known as the Justice Manual, which could delay the start of the classified discovery towards the end of July.
      Cipa section 4: redactions in discovery
      Section 4 stipulates that Cannon can authorize the government to “delete specified items of classified information from documents to be made available to the defendant through discovery” or to substitute the classified documents for “unclassified summaries” of the material.It is unclear whether the government will file a section 4 motion. But if it does, that could prompt a challenge from the Trump legal team. If Cannon then agrees that Trump can have all the discoverable documents without restrictions, the government may seek an interlocutory appeal.In its proposed timetable, the government gave itself a deadline of 14 August for a section 4 motion. Since that motion would govern the extent of the classified discovery, the Trump legal team may use it as a pretext to push back filing their section 5 notice (explained next).
      Cipa section 5: notice from Trump
      After the classified discovery is complete, section 5 requires the Trump legal team to file a notice specifying the precise classified information they intend to disclose at trial, including a “brief description of the classified information”.According to legal experts, the defense at this juncture typically files a notice that the government finds too vague – a problem because it reduces the notice to “graymail” in writing – and the Trump legal team could do the same in this case.In that event, the government would have to ask Cannon to force Trump to produce a more specific section 5 notice, pushing back the proposed deadline of 12 September multiple weeks after adding up the delays in section 4 and 5.
      Cipa section 6(a): trial admissibility
      Twenty-one days after Trump’s section 5 notice, the government has said it would be ready to file a motion asking Cannon to schedule a hearing under section 6(a) of the statute to adjudicate the relevance and admissibility of the classified information Trump wants to disclose at trial.The government then suggests the Trump legal team get two weeks to file a response to the section 6 motion, for the government to get a week to file a reply to Trump’s response, and for Cannon to schedule the hearing to come seven days after the government’s reply.The proposed timetable suggests the hearing takes place on 31 October, though earlier cumulative delays may push it back months, potentially to December.At the hearing, Cannon would consider whether the Trump legal team needs the classified information that it outlined in its section 5 notice to make an effective defense against any potential objections from prosecutors who might want to limit the extent of the disclosure at trial.Cannon would make a determination on each item of classified information. Her final ruling might not come down for days after the hearing, not least because she may choose to look through all of the classified documents and classified discovery herself to reach a decision.
      Cipa section 6(c): redactions for trial
      If Cannon decides in her discretion that Trump can use all the classified information he wants at trial, section 6(c) says the government can propose to Cannon that Trump instead use unclassified “substitutes” or, more commonly, redacted versions of the documents.The substitutes can either be a statement admitting relevant facts that the classified information would prove, or a summary of the classified information instead of the classified documents themselves.But Trump could challenge any redactions on the basis that a jury could draw a prejudicial inference from them – they might see the redactions as evidence the document is sensitive – and Cannon is not required to accept the government’s proposal for substitutions.
      Cipa section 7: final appeals
      If Cannon rejects restrictions sought by the government, prosecutors can appeal under section 7 to the US court of appeals for the 11th circuit. If the appeals court also rules against the government, the attorney general must decide whether to continue the prosecution or drop elements of the case.The proposed timetable from the government suggests a section 6 hearing on 5 December. But the holidays and potential challenges from Trump may push a hearing back into the start of 2024. A final decision about what Trump can use at trial might not come until weeks afterwards. More

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      Will this latest Trump indictment embolden the Maga base? – podcast

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      On Tuesday, Donald Trump pleaded not guilty to all 37 counts related to his alleged mishandling of classified documents, becoming the first former US president to face federal criminal charges.
      This week, Jonathan Freedland speaks to a former Department of Justice prosecutor, Ankush Khardori, about the potential for further political violence in the run-up to the 2024 presidential election as Trump spouts baseless claims against Joe Biden

      How to listen to podcasts: everything you need to know More

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      Trump claims ‘political persecution’ in speech after arraignment

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      Hours after facing criminal charges for the alleged mishandling of classified documents, Donald Trump told a crowd of supporters at his golf resort in New Jersey that his indictments were a “corrupt” and “political pursuit” designed to destroy him.Donors and supporters chanted Trump’s name, cheered him on and sang “happy birthday”. “I just got charged,” joked the former president, who turns 77 on Wednesday. “A wonderful birthday.”The former president was in Miami earlier in the day for his arraignment in the classified documents case. Federal prosecutors have accused him of wilfully withholding classified documents and obstructing justice, charging him with 37 federal counts including 31 violations of the Espionage Act.Trump pleaded not guilty to all charges, and was released on bond on the condition that he would not discuss the case with a list of witnesses. On the campaign trail, Trump has been determined to fight back in the court of opinion, keeping a busy schedule of campaign appearances and photo opportunities. In Miami, his campaign alerted reporters that he would be stopping at a restaurant, where faith leaders and fans greeted him with prayers and cheers.In New Jersey, he maintained the defiant message that he had practiced at previous campaign events, including over the weekend after the indictment was unsealed. He baselessly accused Biden of orchestrating the federal charges against him, calling them a “political persecution”. In a remarkable moment of projection, the twice-impeached, twice-indicted president who is being investigated for election interference said Biden “will forever be remembered as not only the most corrupt president in the history of our country, but perhaps even more importantly, the president who together with a band of his closest thugs, misfits and Marxists tried to destroy American democracy”.Trump also called Jack Smith, the special counsel who brought federal charges against him, “deranged” and a “thug”.He misconstrued the Presidential Records Act, which he has been accused of violating, and balked at charges over “possessing my own presidential papers, which just about every other president has done”. In fact, the classified documents are not Trump’s own – the Presidential Records Act stipulates that all official documents belong to the federal government. And no president in recent history has refused to return hoards of classified documents.The ex-president’s escalating tenor comes with mounting legal troubles. Last month, a grand jury in Manhattan voted to indict Trump and local prosecutors brought criminal charges over hush money payments to Stormy Daniels. Meanwhile Fani Willis, the district attorney of Fulton county, Georgia, is investigating whether he and his allies illegally meddled in the 2020 elections in the state, and is weighing criminal charges.“I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America Joe Biden,” Trump promised cheering supporters nonetheless. “I will totally obliterate the deep state.”The event Tuesday also served as a fundraiser. The Trump campaign told Politico that it expects to raise $2m at Bedminster. Immediately after his arraignment, a blast to supporters advertised “I stand with Trump” T-shirts, free with a $47 donation, “show the Deep State and the Left that there’s not an attack on the face of this planet that can stop this movement”.A Reuters/Ipsos poll completed on Monday found that the vast majority of Republicans – 81% – said the federal criminal charges against Trump were politically motivated, and the indictment did not appear to affect Trump’s leading support in the Republican presidential nomination contest.With the Republican base’s loyal support, Trump has also put his 2024 competitors in a difficult position – they can either choose to prop him up, or risk alienating core voters.“They’re not coming after me, they’re coming after you,” Trump said in New Jersey. “And I just happened to be standing in their way.”Fox News, whose hosts had begun to distance themselves from the former president after a $787.5m settlement in defamation lawsuit over their airing of Trump and his supporters’ and US election lies, went back to breathlessly backing him.Over a split screen of Trump’s speech in New Jersey and Biden’s at the White House Juneteenth celebration, the network’s chyron read: “Wannabe dictator speaks at the White House after having his political rival arrested.” More

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      Donald Trump leaves court after pleading not guilty to federal criminal charges at Miami indictment hearing – live

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      From 3h agoDonald Trump has pleaded not guilty to charges related to allegedly hoarding government secrets at his Mar-a-Lago resort and frustrating efforts by the federal government to retrieve them at his ongoing arraignment in Miami, Reuters reports.Donald Trump’s sons Eric and Donald Trump Jr took to social media as their father pleaded not guilty in the courthouse.Eric retweeted a post by the Republican congressman Jim Jordan that said there were different standards of justice for the Trump and Biden families.While Donald Trump Jr praised Ohio senator, JD Vance, for saying he wouldblock all nominees to the Department of Justice over the indictment against the former president.Ohio senator, JD Vance, who was endorsed by Donald Trump in his 2022 race, has said he would block all nominees to the Department of Justice “until Merrick Garland stops using his agency to harass Joe Biden’s political opponents”.In a statement posted to Twitter, Vance called the former president “merely the latest victim of a Department of Justice that cares more about politics than law enforcement” and said he would “grind [Garland’s] department to a halt” in protest of “the unprecedented political prosecution” of Trump.Vance said:
      Starting today, I will hold all Department of Justice nominations. If Merrick Garland wants to use these officials to harass Joe Biden’s political opponents, we will grind his department to a halt.
      Vance’s hold will just slow down the confirmation process for DoJ nominees, who will now all need to go through a procedural vote and a confirmation vote.As Punchbowl News’ John Bresnahan points out, the Ohio senator’s announcement doesn’t really change anything.As we reported earlier, Donald Trump’s personal valet Walt Nauta was not arraigned today as his lawyer was not admitted to practice in the southern district of Florida.Nauta is now scheduled to be arraigned on 27 June.A navy veteran from Guam, Nauta worked as a White House valet during the Trump administration and moved to Florida following the 2020 election to become Trump’s personal aide.Prosecutors allege that Nauta was a point person for Trump whenever he wanted to access or hide the boxes of classified documents.The indictment states that Trump directed Nauta to transport various documents to Trump’s personal residence and that Nauta helped Trump try to conceal the boxes of top secret information from the FBI. Nauta also texted two Trump employees about the documents, in one case sending a photo of a tipped-over box and classified documents spilled out on the floor of a storage room.Nauta faces several charges including conspiracy and making false statements, such as telling investigators that he didn’t know where the boxes of classified documents were being stored. He is the only person other than Trump charged in the case.Here’s a guide to the most important people involved in the indictment against Trump:Donald Trump has boarded his private plane in Miami, and is heading to his luxury golf club in Bedminster, New Jersey.He is expected to make a statement on today’s criminal proceedings at a fundraising event later today.A judge has said E Jean Carroll, the writer who won a $5m jury verdict against Donald Trump last month, can pursue a separate defamation lawsuit against the former president.The writer and former Elle magazine columnist had sought to amend her original defamation lawsuit filed in 2019 so she could try to seek additional punitive damages after Trump repeated statements a federal jury found to be defamatory.A New York jury last month found Trump had sexually assaulted Carroll in a New York department store in 1996. The jury found that the former president “sexually abused” Carroll, defined as subjecting her to sexual contact without consent by use of force, and for the purpose of sexual gratification. But the jury did not find that Trump raped her. Trump was ordered to pay Carroll $2m for battery and $3m for defamation.Carroll then sought to amend her separate defamation lawsuit over a similar denial by Trump in June, in which he told a White House reporter that the rape never happened and that Carroll was not his “type”. The revision also sought to incorporate Trump’s comments made in a CNN town hall, where he called Carroll’s account “fake” and labeled her a “whack job”.Here’s a clip of Donald Trump arriving at the Miami courthouse earlier this afternoon for his formal arraignment, where he pleaded not guilty to all counts related to his alleged mishandling of classified documents.Donald Trump’s visit to the famous downtown Miami restaurant Versailles, where he was greeted by supporters, was pre-planned and part of his team’s attempt to control his image, HuffPost’s SV Dáte writes.As the New York Times’ Maggie Haberman points out, Trump is determined to fight the battle in the court of public opinion for as long as possible, including by having his co-defendant Walt Nauta close by him today.After he left court, Fox News showed Trump visiting a cafe in Miami and being greeted like a wronged hero.Supporters gathered around him and prayed for him. Someone shouted: “Jesus loves you!”Trump smiled and waved to the crowd and declared: “Food for everyone!” The crowd erupted in applause and cheers. One yelled: “Keep fighting, sir!”Then, ahead of Trump’s 77th birthday tomorrow, the patrons broke out in a chorus of “Happy birthday dear Donald, happy birthday to you!”The former president remarked:
      Some birthday! We’ve got a government that’s out of control.
      He then made brief comments about “a rigged deal”, suggesting that “we have a country that is in decline like never before,” and promising to speak more in Bedminster, New Jersey tonight.Someone shouted: “God bless Donald Trump!” as he departed and returned to his motorcade.Donald Trump has stopped by the Miami restaurant, Versailles, after the conclusion of his court hearing, where he told customers that he would pay “for food for everyone”.A group of people appeared to pray as he entered the cafe, while a crowd sang happy birthday to the former president, who turns 77 tomorrow.Trump’s co-defendant Walt Nauta was also seen in the restaurant.Earlier we reported that a protester was seen running in front of Donald Trump’s motorcade as it departed the courthouse in Miami.Here’s the clip of the man being tackled by security services, as shared by MSNBC’s Manny Fidel: More