Page:United States of America v. Donald J. Trump and Waltine Nauta.pdf/40



90. The General Allegations of this Indictment are re-alleged and fully incorporated here by reference.

91. On or about June 3, 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, 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.”

92. 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