Page:United States of America v. Donald J. Trump and Waltine Nauta.pdf/42



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

94. On May 26, 2022, NAUTA participated in a voluntary interview with the FBI. During the interview, the FBI explained to NAUTA that the FBI was investigating how classified documents had been kept at The Mar-a-Lago Club, and the FBI asked NAUTA questions about the location and movement of TRUMP’s boxes before TRUMP provided 15 boxes to NARA on January 17, 2022. NAUTA was represented by counsel, and the FBI advised NAUTA that the interview was voluntary and that he could leave at any time. The FBI also advised NAUTA that it was a criminal offense to lie to the FBI. The interview was recorded.

95. On or about May 26, 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, in a matter within the jurisdiction of the executive branch of the United States government, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation; that is—in a voluntary interview during a federal criminal investigation being conducted by the FBI, NAUTA was asked the following questions and gave the following false answers:

Question: Does any – are you aware of any boxes being brought to his home – his suite?

Answer: