Page:United States of America v. Donald J. Trump and Waltine Nauta.pdf/20

 46. On January 17, 2022, Trump Employee 2 and NAUTA gathered 15 boxes from TRUMP’s residence, loaded the boxes in NAUTA’s car, and took them to a commercial truck for delivery to NARA.

47. When interviewed by the FBI in May 2022 regarding the location and movement of boxes before the production to NARA, NAUTA made false and misleading statements as set forth in Count 38 of this Indictment, including:

a. falsely stating that he was not aware of TRUMP’s boxes being brought to TRUMP’s residence for his review before TRUMP provided 15 boxes to NARA in January 2022;

b. falsely stating that he did not know how the boxes that he and Trump Employee 2 brought from TRUMP’s residence to the commercial truck for delivery to NARA on January 17, 2022, had gotten to the residence; and

c. when asked whether he knew where TRUMP’s boxes had been stored before they were in TRUMP’s residence and whether they had been in a secure or locked location, NAUTA falsely responded, “I wish, I wish I could tell you. I don’t know. I don’t—I honestly just don’t know.”

48. When the 15 boxes that TRUMP had provided reached NARA in January 2022, NARA reviewed the contents and determined that 14 of the boxes contained documents with classification markings. Specifically, as the FBI later determined, the boxes contained 197 documents with classification markings, of which 98 were marked “SECRET,” 30 were marked “TOP SECRET,” and the remainder were marked “CONFIDENTIAL.” Some of those documents also contained SCI and SAP markings.

49. On February 9, 2022, NARA referred the discovery of classified documents in TRUMP’s boxes to the Department of Justice for investigation.

50. On March 30, 2022, the FBI opened a criminal investigation.

51. On April 26, 2022, a federal grand jury opened an investigation.