- Trump’s indictment alleges he held on to classified records after leaving the White House and then hid them from his own lawyer and the FBI.
- Trump’s personal valet, Walt Nauta, was charged in the same indictment with concealing records and conspiracy to obstruct justice.
- U.S. District Judge Aileen Cannon, who ordered a special master to review the documents after the FBI search, was assigned initially to hear the case.
WASHINGTON – As Donald Trump prepares for his initial court appearance as the first former president to face federal criminal charges, the detailed indictment was released, he changed lawyers, one of his staffers was also charged and his case was assigned to a judge he appointed.
The frenzy of activity accompanied the release of a 38-count indictment against Trump and his personal valet, Walt Nauta. Trump’s initial federal court appearance is scheduled Tuesday in Miami and he has proclaimed his innocence.
Trump is scheduled to speak in Georgia Saturday afternoon and North Carolina Saturday evening for the states’ GOP conventions, the first opportunity for live public reaction to the indictment. He has blasted the case as a political prosecution engineered by his rival, President Joe Biden.
Trump has vowed to continue campaigning for president in 2024 despite the federal indictment and the previous indictment he faces in New York City for allegedly falsifying business records to pay hush money. He’s pleaded not guilty in New York.
Here are four takeaways from the case so far:
What’s in the indictment?
In broad terms, the indictment charges Trump with holding on to classified documents after leaving the White House, suggesting his lawyer falsely tell the FBI and grand jury that he didn’t have the records and directing Nauta to move boxes of documents to hide them from the lawyer, the FBI and the grand jury.
Trump is accused of not just storing and hiding the documents, but showing them to guests at the Trump National Golf Club in Bedminster, New Jersey. He said one document described a “plan of attack” and another had a map of a military installation, according to the indictment. He allegedly knew the documents were classified, saying “this is still a secret,” according to the indictment.
Trump faces 31 counts of willful retention of national defense information under the Espionage Act. The documents were described as some of the country’s most important secrets, including “top secret,” requiring special handling, the originator determines who receives the documents and not for release to foreign nationals, according to the indictment.
Trump and Nauta face one count each of conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document in a federal investigation, concealing a document in a federal investigation and scheming to conceal.
“We have one set of laws in this country and they apply to everyone,” said Justice Department special counsel Jack Smith, who led the investigation. “Applying those laws, collecting facts, that’s what determines the outcome of an investigation.”
Who is Walt Nauta?
Nauta, a Navy veteran who worked in the White House for Trump and accompanied him on his move to Mar-a-Lago, was indicted along with Trump in the documents case. Nauta was known informally as Trump’s “body man,” or the person frequently at his side.
Nauta is charged with conspiracy to obstruct justice, concealing documents and conspiracy to obstruct justice. Nauta is accused of moving boxes of documents to conceal them from Trump’s lawyers and preventing them from being given to the FBI, according to the indictment.
Nauta’s lawyer, Stanley Woodward, declined to comment on the indictment.
Trump praised Nauta in his Truth Social post Friday, saying the Navy veteran “served proudly with me in the White House, retired as Senior Chief, and then transitioned into private life as a personal aide.”
Trump changes lawyers heading to court
Trump announced Friday that a new lawyer, Todd Blanche, would defend him against the federal charges. Blanche participated in his New York state criminal case, where he is charged with falsifying business records to pay hush money to women who claimed to have had sex with him.
Timeline of documents case:Timeline: The journey of Trump’s classified documents
Blanche will succeed lawyers Jim Trusty and John Rowley, who had been leading Trump’s team dealing with federal charges. Trusty appeared on CNN on Thursday to respond to the charges. Trump thanked the two, but said he would be announcing more lawyers in the coming days.
Trump pleaded not guilty in the New York case and awaits trial in March.
Judge familiar with investigation
U.S. District Judge Aileen Cannon, who was appointed to the bench by Trump, was initially assigned to the documents case.
She is familiar with the investigation because she ordered a special master to review the documents after the FBI seized them during a search in August. Trump requested the review by arguing the records could be off limits to investigators because of attorney-client or executive privilege.
But the 11th U.S. Circuit Court of Appeals overturned her order, saying a defendant traditionally challenges the evidence in a case after charges are filed.
“The law is clear,” the three-judge panel of the 11th U.S. Circuit Court of Appeals ruled. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”
What was found during FBI search?:‘Astounding’: Trump documents reveal casual disregard for long-standing security protocols
Legal experts were divided about whether she should recuse herself from the case. But Nancy DePodesta, a former assistant U.S. attorney in Illinois now practicing white-collar and government law at Saul Ewing, said the decision to prosecute the case in Florida made sense because it’s where the crimes allegedly occurred.
“This eliminates any fight over venue,” DePodesta said. “It makes good sense. It’s where the documents were located.”