Unveiled court testimony from Trump's attendant provides insights into FBI's motivations for examining Mar-a-Lago
Recently uncovered court records provide new insight into the pivotal role played by Walt Nauta, Trump's current co-defendant in the classified documents case, in aiding the FBI's decision to search Trump's Florida resort.
In testimony before a grand jury, Nauta admitted to removing files from Mar-a-Lago's storage room in January 2022, confirming that he simply "picked some off the top" during the selection process.
While reviewing boxes with Trump, Nauta recalled that the former president "was like, okay, that's it" after a certain point. Both the grand juror and a second, anonymous witness confirmed that Trump instructed them not to give the National Archives any more boxes.
Investigators discovered numerous witnesses and details about the operations at Mar-a-Lago and the Trump White House that had not been included in the initial charges against Trump and Nauta, potentially be used during the trial. These details helped investigators understand how the FBI learned of more boxes with classified records at Trump's resort.
Both Trump and Nauta have been charged with criminal mishandling of national security documents and blocking justice in response to a federal subpoena for the return of the records. Another defendant, Carlos De Oliveira, was indicted for assisting in this obstruction. All three men have pleaded not guilty thus far, and no trial date has been set.
Nauta's Grand Jury Testimony May Be Utilized at Trump's Future Trial
Included in recent court documents, Nauta's grand jury testimony and the unsealed Mar-a-Lago search warrant are being used as part of Trump and Nauta's defense against special counsel Jack Smith's case.
Nauta, who stopped cooperating with the special counsel, claims that he has been selectively and vindictively prosecuted because he refused to return to the grand jury for additional testimony unless certain conditions were met, as per his legal submissions. Nauta's lawyer declined to comment on the matter. Trump's attorneys, also representing him in the Manhattan criminal trial concerning hush money payments, also did not wish to comment.
Nauta's grand jury testimony could be significant during a future trial against Trump. Even if Nauta declines to testify, the prosecution may still present his grand jury declarations about Trump during their courtroom presentation.
The investigation into the handling of classified materials originated after the Archives received and examined the initial 15 boxes taken from Mar-a-Lago, discovering sensitive government documents within. Trump's team responded to a subpoena for all documents marked as classified at Mar-a-Lago by handing over an envelope containing a limited number of items. A lawyer for Trump signed a statement declaring that a thorough search had been carried out to find all classified materials.
In the affidavit for the Mar-a-Lago search, the FBI used Nauta's statements, alongside those of another anonymous witness, to support their claim that there were many more boxes of sensitive Trump White House records that hadn't been sent back to the Archives.
In the affidavit, Nauta is referred to as "Witness 5" but can be identified by comparing the affidavit to the transcript from his June 2022 grand jury appearance and other details from the trial.
According to the affidavit, Nauta and others had assembled the 15 boxes in question in the entryway of Trump's personal living quarters at Mar-a-Lago for review by the former president before they were sent to the Archives. However, the agent wrote, "even though there were far more FPOTUS boxes than the 15 boxes, FPOTUS did not review the remainder of the FPOTUS boxes before the NARA pickup."
Following Nauta's grand jury testimony, the FBI requested access to the Mar-a-Lago surveillance footage from The Trump Organization. Their review revealed that Nauta had moved over 60 boxes from the storage room, but only sent back less than half the original amount before the attorney's review of the boxes in that area.
After testifying in front of a grand jury, Nauta switched his lawyer with one provided to him through Trump's circle. This new lawyer, Stanley Woodward, rejected a request from prosecutors for Nauta to return to the grand jury for more questioning since they wouldn't grant Nauta the chance to testify under conditions that would protect him from facing charges.
Apart from that, court documents from a case in Florida show Nauta trying to dismiss evidence that the authorities got from searches in his phone and email accounts. He alleges that the FBI misconstrued his statements during his grand jury testimony in order to conclude he had lied in the investigation.
Additionally, Nauta argues that the subpoena was invalid and that he had no clue then that his moving of the boxes was connected to the subpoena's demands.
On the other hand, the special counsel's office mentioned in a court paper that Nauta's opposal to the affidavits is "implausible."
Last week, federal prosecutors informed a judge they would keep on disclosing updated versions of the search documents from Mar-a-Lago as they divulge more details in the legal case. CNN's Hannah Rabinowitz helped with this article.
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Source: edition.cnn.com
