Trump ‘Dress Rehearsal’ For Hiding Classified Documents From His Lawyers And The FBI

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I have said before that the Special Counsel’s case against insurrectionist Donald Trump for the mishandling of classified documents at his Mar-a-Lago home in exile looks like a slam dunk. Recent reporting only confirms this.

The Washington Post reports, Trump workers moved Mar-a-Lago boxes a day before FBI came for documents:

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Two of Donald Trump’s employees moved boxes of papers the day before an early June visit by FBI agents and a prosecutor to the former president’s Florida home to retrieve classified documents in response to a subpoena — timing that investigators have come to view as suspicious and an indication of possible obstruction, according to people familiar with the matter.

Trump and his aides also allegedly carried out a “dress rehearsal” for moving sensitive papers even before his office received the May 2022 subpoena, according to the people familiar with the matter who spoke on the condition of anonymity to describe a sensitive ongoing investigation.

Prosecutors in addition have gathered evidence indicating that Trump at times kept classified documents in his office in a place where they were visible and sometimes showed them to others, these people said.

Taken together, the new details of the classified-documents investigation suggest a greater breadth and specificity to the instances of possible obstruction found by the FBI and Justice Department than have been previously reported. It also broadens the timeline of possible obstruction episodes that investigators are examining — a period stretching from events at Mar-a-Lago before the subpoena to the periodafter the FBI search there on Aug. 8.

That timeline may prove crucial as prosecutors seek to determine Trump’s intent in keeping hundreds of classified documents after he left the White House, a key factor in deciding whether to file charges, possibly for obstruction, mishandling national security secrets or both. The Washington Post has previously reported that the boxes were moved out of the storage area after Trump’s office received a subpoena. But the precise timing of that activity is a significant element in the investigation, the people familiar with the matter said.

Grand jury activity in the case has slowed in recent weeks, and Trump’s attorneys have taken steps — including outlining his potential defense to members of Congress and seeking a meeting with the attorney general —that suggest they believe a charging decision is getting closer. The grand jury working on the investigation apparently has not met since May 5, after months of frenetic activity at the federal courthouse in Washington. That is the panel’s longest hiatus since December, shortly after Attorney General Merrick Garland appointed Jack Smith as special counsel to lead the probe and coinciding with the year-end holidays.

[J]ustice Department officials have previously said they conducted the search only after months of efforts to retrieve all classified documents at Mar-a-Lago were unsuccessful.

Of particular importance to investigators in the classified-documents case, according to people familiar with the probe, is evidence showing that boxes of documents were moved into a storage area on June 2, just before senior Justice Department lawyer Jay Bratt arrived at Mar-a-Lago with agents. The June 3 visit by law enforcement officials was to collect material in response to the May 2022 grand jury subpoena demanding the return of all documents with classified markings.

John Irving, a lawyer representing one of the two employees who moved the boxes, said the worker did not know what was in them and was only trying to help Trump valet Walt Nauta, who was using a dolly or hand truck to move a number of boxes.

“He was seen on Mar-a-Lago security video helping Walt Nauta move boxes into a storage area on June 2, 2022. My client saw Mr. Nauta moving the boxes and volunteered to help him,” Irving said. The next day, he added, the employee helped Nauta pack an SUV “when former president Trump left for Bedminster for the summer.”

The lawyer said his client, a longtime Mar-a-Lago employee whom he declined to identify, has cooperated with the government and did not have “any reason to think that helping to move boxes was at all significant.” Other people familiar with the investigation confirmed the employee’s role and said he has been questioned multiple times by authorities.

Irving represents several witnesses in the investigation, and his law firm is being paid by Trump’s Save America PAC, disclosure reports show. A lawyer for Nauta, Stanley Brand, declined to comment.

Investigators have sought to gather any evidence indicating Trump or people close to him deliberately withheld any classified papers from the government.

On the evening of June 2, the same day the two employees moved the boxes, a lawyer for Trump contacted the Justice Department and said officials there were welcome to visit Mar-a-Lago and pick up classified documents related to the subpoena. Bratt and the FBI agents arrived the following day.

Trump’s lawyers gave the officials a sealed envelope containing 38 classified documents and a signed attestation that a “diligent search” had been conducted for the documents sought by the subpoena and that all relevant documents had been turned over.

As part of that visit, Bratt and the agents were invited to visit the storage room where Trump aides said boxes of documents from his time as president were kept. Court papers filed by the Justice Department said the visitors were told by Trump’s lawyers that they could not open any of the boxes in the storage room or look at their contents.

When FBI agents secured a court order to search Mar-a-Lago two months later, they found more than 100 additional classified documents, some in Trump’s office and some in the storage area.

In a court filing in August explaining the search, prosecutors wrote that they had developed evidence that “obstructive conduct” took place in connection with the response to the subpoena, including that documents “were likely concealed and removed from the Storage Room.”

Prosecutors also have gathered evidence that even before Trump’s office received the subpoena in May, he had what some officials have dubbed a “dress rehearsal” for moving government documents that he did not want to relinquish, people familiar with the investigation said.

The term “dress rehearsal” wasused in a sealed judicial opinion issued earlier this year in one of several legal battles over the government’s access to particular witnesses and evidence, some of the people said.It was used to describe an episode when Trump allegedly reviewed the contents of some, but not all, of the boxes containing classified material, these people said. The New York Times first reported that Trump’s team conducted what was “apparently a dress rehearsal” before the subpoena arrived.

At the time, Trump and his legal team were engaged in a back-and-forth with the National Archives and Records Administration over whether he had taken from the White House records and property that were supposed to stay with the government. That dispute over presidential records is what ultimately led to the discovery of classified documents at Mar-a-Lago — some of them highly sensitive, including information about a foreign country’s nuclear capabilities; Iran’s missile system; and intelligence gathering aimed at China.

The former president, the people familiar with the situation said, told aides he wanted to make sure he could keep papers that he considered his property.

That dress rehearsal episode is one of several instances in which investigators see possible ulterior motives in the actions of Trump and those around him. Lawyers for Trump and some of those witnesses, however, have argued in recent months that prosecutors are viewing the sequence of events in too suspicious a light. They say Smith’s team has unfairly dismissed claims that people were not trying to hide anything from the government but simply were carrying out what they considered to be routine and innocent tasks of serving their boss.

Prosecutors separately have been told by more than one witness that Trump at times kept classified documents out in the open in his Florida office, where others could see them, people familiar with the matter said, and sometimes showed them to people, including aides and visitors.

Depending on the strength of that evidence, such accounts could severely undercut claims by Trump or his lawyers that he did not know he possessed classified material.

The people familiar with the situation said Smith’s team has concluded the bulk of its investigative work in the documents case and believes it has uncovered a handful of distinct episodes of obstructionist conduct.

One of those suspected instances of obstruction, the people said, occurred after the FBI search on Aug. 8. They did not provide further details, but the Guardian has previously reported that in December, Trump’s lawyers found a box of White House schedules, including some that were marked classified, at Mar-a-Lago. In that instance, a junior aide apparently moved the box from a government-leased office in nearby West Palm Beach.

The Guardian adds, Trump lawyer said to have been waved off searching office for secret records:

Donald Trump’s lawyer tasked with searching for classified documents at Mar-a-Lago after the justice department issued a subpoena told associates that he was waved off from searching the former president’s office, where the FBI later found the most sensitive materials anywhere on the property.

The lawyer, Evan Corcoran, recounted that several Trump aides had told him to search the storage room because that was where all the materials that had been brought from the White House at the end of Trump’s presidency ended up being deposited.

Corcoran found 38 classified documents in the storage room. He then asked whether he should search anywhere else, like Trump’s office, but was steered away, he told associates. Corcoran never searched the office and told prosecutors the 38 papers were the extent of the material at Mar-a-Lago.

The assertion that there were no classified documents elsewhere at the property proved to be wrong when the FBI seized 101 classified documents months afterwards, including from the office, which was found to be where the most highly classified documents had been located.

Corcoran’s previously unreported account, as relayed to the Guardian by two people familiar with the matter, suggests he was materially misled as the special counsel Jack Smith examines whether his incomplete search was actually a ploy by Trump to retain classified documents.

It was not clear who waved off Corcoran from searching elsewhere at Mar-a-Lago – whether it was Trump himself or Trump employees who advised him to look for classified documents in the storage room, according to an account of his testimony to the grand jury.

Corcoran did not respond to a request for comment.

[T]he criminal investigation, which appears to be nearing its end, has recently focused on why the subpoena was not complied with, including whether Trump might have arranged for boxes of classified documents to be moved out of the storage room so he could retain them.

In particular, prosecutors have examined why Trump ordered his valet, Walt Nauta, to move certain boxes out of the storage room before and after the subpoena was issued – as Nauta later told the justice department – and crucially where the boxes might have been taken.

The movement of boxes has taken on added significance for prosecutors after they saw on surveillance tapes that boxes were returned to the storage room on 2 June 2022, the day before the justice department travelled to Mar-a-Lago to collect what Corcoran had found, the Washington Post reported.

It was also not clear when Corcoran was waved off from searching other parts of Mar-a-Lago; it could be notable if it came before the boxes were brought back to the storage room, as it would raise questions as to whether he was held off while classified documents were moved back.

The Guardian has previously reported that prosecutors determined Trump and Nauta knew when and where Corcoran intended to search because Corcoran needed Nauta to unlock the storage room, according to Corcoran’s roughly 50 pages of notes that were turned over to the grand jury in the case.

Corcoran also memorialized how he told Trump he could not retain any classified documents at Mar-a-Lago when Trump asked what he was allowed to keep, as well as when he took breaks during the search by walking out to the pool deck nearby, and therefore leaving the storage room unattended.

To obtain Corcoran’s account, otherwise off-limits because of attorney-client privilege, prosecutors persuaded a US appeals court to pierce the protection because Trump may have used Corcoran’s legal advice in furtherance of a crime [crime-fraud exception], according to another lawyer briefed on the case.

While Corcoran testified that Trump did not personally mislead him about where to search at Mar-a-Lago, he also acknowledged that Trump did not suggest he look anywhere else. The New York Times earlier reported a summary of his testimony.

Before he could start his search, Corcoran ended up telling Nauta about the subpoena, where at Mar-a-Lago he was searching and when he was searching, because Corcoran needed Nauta to unlock the storage room so he could gain access.

Once he gained entry, Corcoran realized he needed a deadline extension because he was the only Trump lawyer dealing with the subpoena and had underestimated the number of boxes there. The justice department agreed to a shorter extension that he wanted, and pushed the reply date to June.

As the new subpoena deadline approached, Corcoran asked around whether there were other locations at Mar-a-Lago that he should search to ensure the response would be complete. Corcoran was told just searching the storage room should be sufficient and he did not look anywhere else.

Corcoran completed his search of just the storage room and told the justice department on 2 June 2022 to collect some documents the next morning. When prosecutors arrived, he provided a certification letter signed – and caveated – by another Trump lawyer, Christina Bobb, which attested to a “diligent search”.

The subpoena had been issued to Trump’s political office, and Corcoran treated it as an administrative subpoena and assumed he would be in recurring contact with the justice department about the documents matter, he has told associates.

When Corcoran turned over the 38 classified documents, according to court filings, he told the department the “records that came from the White House were stored within one location at Mar-a-Lago, the storage room … [and] he was not advised there were any records in any private office space”.

But that advice turned out to be wrong. When the FBI returned with a warrant months later, agents found in Trump’s desk drawer two classified documents mixed together with three other documents dated after Trump left the presidency, the Guardian has reported.





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