Federal prosecutors laid out their case against former President Donald J. Trump in a 38-count indictment on Friday, saying he mishandled classified documents — including some involving sensitive nuclear programs and others that detailed the country’s potential vulnerabilities to military attack — after leaving office, then obstructed the government’s efforts to reclaim them.
Jack Smith, the special counsel who is bringing the case, cast the investigation as a defense of national security in brief remarks on Friday, urging the public to understand the “scope and gravity” of the charges.
“We have one set of laws in this country and they apply to everyone,” he said. The investigation was being conducted with utmost integrity, he added, and promised to seek a speedy trial. He did not take questions.
The indictment gives the clearest picture yet of the files that Mr. Trump took with him when he left the White House. It said he had illegally kept hold of documents concerning “United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack.”
The indictment names one of his personal aides, Walt Nauta, as a co-conspirator who assisted in obstructing the investigation into the former president’s retention of sensitive defense documents at his residence and resort in Florida.
Prosecutors presented evidence that Mr. Trump shared a highly sensitive “plan of attack” against Iran to visitors at his golf club in Bedminster, N.J., in July 2021 — and was recorded on tape describing the material as “highly confidential” and “secret,” while admitting it had not been declassified.
In another incident in September 2021, he shared a top secret military map with a staffer at his political action committee who did not have a security clearance.
The filing includes many pictures of what appear to be bankers’ boxes, some containing highly sensitive national documents, which were haphazardly moved by Mr. Nauta and other aides at Mr. Trump’s behest. Some of the boxes appear to be sagging — and on Dec. 7, 2021, Mr. Nauta found that one of the boxes had toppled and spilled its contents on the floor.
The files that splayed on the carpet included the designation “SECRET/REL TO USA, FVEY” — which meant that they were meant to be seen by officials from the U.S., Britain, New Zealand, Australia and Canada with high-level security clearances.
Mr. Trump is expected to appear in Federal District Court in Miami on Tuesday afternoon. Judge Aileen M. Cannon is scheduled to preside over that initial hearing, according to people familiar with the matter. It was not clear whether Judge Cannon, who was criticized by a higher court for handing Mr. Trump a series of unusually favorable rulings during the early stages of the investigation, would remain assigned for the entirety of the case.
The indictment, handed up by a grand jury in Miami, is the first time a former president has faced federal charges. It puts the nation in an extraordinary position, given Mr. Trump’s status not only as a onetime commander in chief but also as the current front-runner for the 2024 Republican presidential nomination to face President Biden, whose administration will now be seeking to convict his potential rival of multiple felonies.
Mr. Trump continued to rail against the indictment on Friday, calling it the “greatest witch hunt of all time,” in a Truth Social post.
Here’s what else to know:
The indictment reaches back to the end of Mr. Trump’s term in January 2021, when the documents — many of which were said to be in the White House residence — were packed in boxes along with clothes, gifts, photographs and other material, and shipped by the General Services Administration to his private club and residence in Florida, Mar-a-Lago.
A recording of a meeting involving Mr. Trump in July 2021, six months after leaving the White House, is expected to be a key piece of evidence against him. During that meeting, he described a document in front of him as “classified” and “highly confidential,” according to a person briefed on the matter.
Charlie Savage and Nicholas Nehamas contributed reporting.
Chris Christie, the former Republican governor of New Jersey who is now running for president, called the facts in the indictment against his former ally Donald J. Trump “devastating,” and said that the small group of Republicans now critical of the former president’s conduct would grow.
Mr. Christie, appearing on CNN Friday evening, refuted point-by-point the claim by Mr. Trump and many of his fellow Republicans that the indictment represented selective, partisan prosecution that would unnecessarily divide the country.
The indictment would divide the nation, he said, but Mr. Trump had brought that on himself with poor conduct that “was completely self-inflicted.”
Mr. Christie said he still believes Hillary Clinton should have faced charges in response to her mishandling of classified documents on a private email server, and still does not believe the Trump campaign colluded with Russia in the 2016 election.
But, he added, “Each case needs to be assessed on its own merits, and the facts that are laid out here are damning.”
The prosecution of Mr. Trump is about “holding to account people who are in positions of responsibility,” he said.
Mr. Christie, who opened the broadcast by noting his own record as a federal prosecutor, has made his willingness to draw critical attention to Mr. Trump central to his campaign for the Republican presidential nomination in 2024. But only he and one other candidate, Asa Hutchinson, the former governor of Arkansas, spoke favorably on Friday of the government’s case against the former president.
The other candidates, balancing their need to curry favor with Mr. Trump’s supporters against the imperative to dislodge him as the front-runner, have largely taken the side of the Republican base, which sides with the former president.
Rather than saying the Justice Department is holding Mr. Trump to an unfair standard, Mr. Christie said a man of Mr. Trump’s stature and ambitions should be held to a higher standard.
“The conduct is bad,” he said of actions described in the indictment. “And it is bad for anybody in this country to do it, but it’s particularly awful for someone who has been president and who aspires to be president again.”
Visitors from a foreign planet might think Gov. Ron DeSantis of Florida had been delivered a tremendous gift this week when his main presidential rival was charged with mishandling the country’s national security secrets.
But as Mr. DeSantis’s latest speech showed, this is a turn of events he will need to beware.
Previewing how he might criticize the Justice Department’s case without letting Mr. Trump entirely off the hook, he offered a somewhat backhanded defense of the now twice-indicted former president — whose loyal followers Mr. DeSantis is seeking to avoid angering — by drawing on his own experiences as a Navy lawyer.
Seeming to muse aloud, Mr. DeSantis asked what the Navy would have done to him had he taken classified documents while in military service. “I would have been court-martialed in a New York minute,” he said, in a riff on Mr. Trump’s hometown.
While Mr. DeSantis made his remark in reference to the fact that Hillary Clinton did not face charges over her use of a private email server while she was secretary of state, his comments could just as easily have applied to Mr. Trump. And they suggested that he believed both Mr. Trump and Mrs. Clinton should have faced charges — or neither.
“Is there a different standard for a Democrat secretary of state versus a former Republican president?” he asked. “I think there needs to be one standard of justice in this country. Let’s enforce it on everybody and make sure we all know the rules.”
(A yearslong inquiry by the State Department found that Mrs. Clinton had not deliberately or systemically mishandled classified information.)
The nature of Mr. Trump’s federal indictment, which emerged in full view on Friday, left Mr. DeSantis and several other Republican presidential contenders ever more wobbly on the tightrope they are walking, trying to defend a rival accused of cavalierly and illegally keeping sensitive documents about U.S. nuclear programs and the country’s vulnerabilities to military attack.
Many of these candidates now find themselves in the difficult position of rallying around Mr. Trump even as they seek to differentiate themselves from his legacy while he continues to dominate them in the polls.
“This is not how justice should be pursued in our country,” Nikki Haley, the former governor of South Carolina and Mr. Trump’s United Nations ambassador, said on Twitter. “The American people are exhausted by the prosecutorial overreach, double standards and vendetta politics.”
Such caution struck a sharp contrast with the two Republican candidates most willing to criticize Mr. Trump.
Former Gov. Chris Christie of New Jersey called the indictment “devastating,” telling CNN that “the facts that are laid out here are damning.” And in an interview with The New York Times, former Gov. Asa Hutchinson of Arkansas pushed back against claims that Mr. Trump was being treated unfairly and reiterated his belief that he should drop out of the race.
“To pejoratively say this is the result of a political prosecution is not in service to our justice system,” Mr. Hutchinson said, adding, “It would be doing a disservice to the country if we did not treat this case seriously.”
Jack Smith, the special counsel leading the investigation, urged the public on Friday to understand the “scope and gravity” of the charges.
Mr. Trump is expected to appear in Federal District Court in Miami on Tuesday afternoon to face charges including willfully retaining national defense secrets in violation of the Espionage Act, making false statements and conspiracy to obstruct justice. On his Truth Social website, the former president called Mr. Smith “deranged.”
Some voters who attended Mr. DeSantis’s speech in Greensboro, N.C., suggested they were growing weary of the controversy surrounding Mr. Trump, even as they expressed a belief that the charges were politically motivated. (Mr. Trump also faces charges in state court in New York for his alleged role in paying hush money to a porn star.)
“Even if he gets elected again, they’re never going to leave him alone. So what’s the point?” said Mary Noble, 70, who voted twice for Mr. Trump but has not made up her mind in the 2024 primary. “He’ll never be effective. That’s my fear.”
Tom Wassel, who sells air pollution control equipment and also supported Mr. Trump in both previous elections, did not mind that Mr. DeSantis had touched on the indictment only briefly, and not very forcefully.
“I want him to talk about what he’s going to run on,” Mr. Wassel, 70, said.
Beyond Mr. Christie and Mr. Hutchinson, Republicans running for president were largely supportive of Mr. Trump, with some arguing that the prosecution amounted to an extraordinary and unfair political vendetta and one going so far as to bluntly promise to pardon him.
Vivek Ramaswamy, an entrepreneur who has positioned himself to secure the backing of Mr. Trump’s supporters if the former president’s legal problems derail his political comeback, said, “I commit to pardon Trump promptly on Jan. 20, 2025.”
In a radio interview on Friday before the indictment was unsealed, former Vice President Mike Pence seemed to contrast Mr. Trump’s conduct with his own diligent return of classified documents to the National Archives. But he added that he was “deeply troubled to see this indictment move forward” and took a swipe at what he called “years of politicization” of the Justice Department.
Meanwhile, Senator Mitt Romney of Utah, the Republican nominee for president in 2012 and a leading critic of Mr. Trump, was one of the few G.O.P. officeholders to condemn him, saying the former president had “brought these charges upon himself by not only taking classified documents, but by refusing to simply return them when given numerous opportunities to do so.”
Jonathan Weisman contributed reporting from Chicago, and Luke Broadwater from Washington.
June 9, 2023, 8:23 p.m. ET
Jonathan Weisman
Political correspondent
Chris Christie, the former New Jersey governor now running for president, called the indictment against former President Donald Trump “devastating” on Friday evening.
June 9, 2023, 8:24 p.m. ET
Jonathan Weisman
Political correspondent
“Is this the type of conduct that we want from someone who wants to be president of the United States?” he asked in an appearance Friday evening on CNN.
Former President Donald J. Trump, the front-runner for the Republican presidential nomination, on Thursday became the first former U.S. president ever to face federal charges, opening an unprecedented and extraordinary new chapter in American politics.
But at home and abroad, there are many examples of prominent politicians who ran for office while under indictment or serious investigation.
From Austin, Texas, to Jerusalem and Rome, their survival tactics have sometimes paralleled Mr. Trump’s playbook, aggressively working to delegitimize inquiries. Others have tried a different strategy, making efforts to appear sanguine as they denied wrongdoing.
In Israel, Prime Minister Benjamin Netanyahu won another term last fall despite a felony corruption case. Like Mr. Trump, Mr. Netanyahu has long cast cases against him as the equivalent of a “witch hunt” while seeking to dismiss members of law enforcement who threatened his standing as politically motivated.
In Italy, former Prime Minister Silvio Berlusconi, who became the country’s first sitting prime minister to testify as a criminal defendant, faced years of legal turmoil that he often rebuked by suggesting that proceedings against him amounted to efforts at a political coup.
Ahead of his federal corruption and bribery trial in 2002, then- Rep. James A. Traficant Jr., a Democrat from Ohio, declared: “I am not liked by the F.B.I. I am not liked by the Treasury. I am not liked by the courts. And you know what? Quite frankly, I don’t give a damn.”
Mr. Traficant became the fifth House member in history to be expelled from Congress.
There have been other candidates to run for office after being charged with or convicted of crimes, from Eugene V. Debs, the Socialist leader and anti-World War I activist who ran for president from prison in 1920, to Marion S. Barry Jr., who in 1994 won another mayor’s race in Washington, D.C., despite having been convicted on a cocaine charge.
In the last several years in Texas, a number of candidates have sought office under a cloud of legal questions.
Last year, the state’s attorney general, Ken Paxton, prevailed in both his primary contest and in the general election, even as a long record of legal troubles — including having been indicted and arrested on criminal securities-fraud charges — followed him through his campaigns. Throughout those races, he bear-hugged Mr. Trump, tried to dismiss the scrutiny as politically motivated and endeared himself to much of the Republican base by leaning into cultural battles.
And in 2015, former Gov. Rick Perry of Texas announced a presidential bid despite having been indicted on two felony charges of abusing his official capacity and coercing a public servant.
Mr. Perry, denying wrongdoing, sought to project an air of confidence, smiling in a mugshot that went viral and going out for frozen custard with his legal team.
“The takeaway was that ‘this is a ridiculous indictment, a ridiculous process, and I’m going to approach it in an unflappable manner,’” said Ray Sullivan, who co-chaired a pro-Perry super PAC during that presidential election and had served as one of his top aides.
Katon Dawson, a former chairman of the South Carolina Republican Party, was a supporter of Mr. Perry’s during his relatively short-lived campaign.
“It hampered everything we did,” he said of the indictment against Mr. Perry. “It was something that took some of the steam out of our sails.”
But Mr. Dawson, who is supporting Nikki Haley — the former South Carolina governor who later served as United Nations ambassador — in the 2024 presidential race, was skeptical that Mr. Trump’s indictment would have a similar effect on him, at least for now, with Republican primary voters.
“He will get another bump in the polls,” Mr. Dawson predicted, saying that he expected many Republican voters to see the indictment as political. Still, he added, “That political capital runs out at some time. The question is, when does it run out and people say, ‘I’ve had enough.’”
A slim man wearing the generic uniform of federal law enforcement — white shirt, dusky suit, dark monochrome tie — strode to a generic podium inside an anonymous Washington office building to announce something extraordinary. He had just indicted a former president.
The special counsel, Jack Smith, 54, has cut an elusive figure since his appointment last November to investigate former President Donald J. Trump. He has granted no interviews, and kept a profile so low that a recent sighting of him emerging from a Subway with lunch was news in the Justice Department headquarters across town.
But he emerged on Friday to make a concise case for his decision to charge Mr. Trump in connection with the former president’s retention of classified documents at his residence in Florida.
“Adherence to the rule of law is a bedrock principle of the Department of Justice,” he said. “And our nation’s commitment to the rule of law sets an example for the world. We have one set of laws in this country, and they apply to everyone. Applying those laws. Collecting facts. That’s what determines the outcome of an investigation. Nothing more. Nothing less.”
But visuals, as Mr. Trump has so often claimed, matter just as much as words — and Mr. Smith cut a striking figure.
He looked very much like a widely circulated photograph of him taken when he was a war crimes prosecutor in The Hague a couple of years ago, with the same graying beard, deeply lined face and solemnity — but without the black-and-purple judicial robe.
His team had considered waiting until Mr. Trump’s arraignment in Miami next week before issuing a public statement, according to several people close to the situation, but he seems to have decided that presenting a more complete rationale for his actions was needed to counter the narrative of political persecution put forth by Mr. Trump and his allies.
The decision to hold a news conference at Mr. Smith’s office, rather than at the department headquarters, was also tactical, intended to underscore Attorney General Merrick B. Garland’s distance from the decision-making process.
Mr. Smith spoke for just under three minutes, and took no questions, but in that time he delivered a defense of his team’s work, which Trump allies dismiss as a politically motivated witch hunt.
Still, Mr. Smith played down his own presence, casting the indictment as unavoidable, given what he described as “the gravity” of the crimes Mr. Trump, and his co-defendant, Walt Nauta, are accused of committing.
He ended by thanking his staff for “upholding the rule of law in our country,” then walked out of the room, ignoring questions and leaving news photographers staring at his image in their viewfinders.
The second indictment of former President Donald J. Trump — this time over his hoarding of sensitive government documents — adds to the unusual questions raised by the spectacle of someone running for president while facing charges.
The indictment — and any conviction — would not bar Mr. Trump from running.
Nevertheless, it would be extraordinary for a person who is under indictment, let alone convicted of a felony, to be a major party nominee.
If Mr. Trump were to be elected president while a felony case against him was pending or after any conviction, many complications would ensue.
The Justice Department has in the past taken the position that even indicting a president while in office would be unconstitutional because it would interfere with the president’s ability to perform duties as head of the executive branch. Mr. Trump would surely try to get the case dismissed on that basis. There is no definitive Supreme Court ruling because the issue has never arisen before.
Notably, in 1997, the Supreme Court allowed a federal lawsuit against President Bill Clinton to proceed while he was in office. That was a civil case, however — not a criminal one. Mr. Trump also faces a state case, an indictment in Manhattan in April, where he is accused of falsifying business records related to a hush-money payment.
Even more extraordinary complications would arise were Mr. Trump to be convicted and incarcerated and yet elected anyway. One possibility is that he could win a federal court order requiring his release from prison as a result of a constitutional challenge. Another is that upon the commencement of his second term, he could be immediately removed from office under the 25th Amendment as “unable to discharge the powers and duties of his office.”
Former President Donald J. Trump stored classified documents not only in a storage room, but also in a shower, an office, a bedroom and a ballroom, according to the indictment unsealed on Friday. This diagram shows the places at Mar-a-Lago, Mr. Trump’s home and private club in Palm Beach, Fla., where prosecutors say Mr. Trump kept documents containing sensitive information. The exact location of a business center at Mar-a-Lago named in the indictment is unknown.
Here is a more detailed look at the locations mentioned in the indictment.
Less than 24 hours after the indictment of former President Donald J. Trump, his Republican allies in Congress sought to discredit the investigation that led to the criminal charges, releasing selective excerpts from an interview they conducted with a former top F.B.I. official who raised concerns about the manner in which Mr. Trump’s Mar-a-Lago property was searched.
In a letter to Attorney General Merrick B. Garland, Representative Jim Jordan, Republican of Ohio and the chairman of the Judiciary Committee, demanded information and documents about the federal investigation that led to the indictment, saying new information obtained by his panel suggested the case against Mr. Trump was “nothing more than a politically motivated prosecution.”
Mr. Jordan has for years vilified the F.B.I., and since taking the helm of the Judiciary panel he has been grasping for evidence that the bureau is corrupt and has unfairly targeted Mr. Trump and conservatives. The letter was Mr. Jordan’s latest effort to press those claims.
In it, he cited an interview his panel conducted this week with Steven D’Antuono, the former head of the F.B.I.’s Washington field office, whose concerns about the search warrant last year were detailed earlier by The Washington Post.
Mr. Jordan said that during his closed-door interview, Mr. D’Antuono had testified that he believed a search conducted with the consent of the former president — rather than a surprise search — would have been “the best thing for all parties involved,” including “the F.B.I., for former President Trump, and for the country.”
Mr. D’Antuono declined to comment about his interview.
Among the other concerns Mr. Jordan said Mr. D’Antuono had listed were that Washington officials, not the Miami field office, had conducted the search and that the F.B.I. did not wait until one of Mr. Trump’s lawyers was present to begin the search.
But Mr. Jordan omitted several facts from his letter in an apparent effort to place Mr. D’Antuono’s account in the worst possible light.
Mr. D’Antuono has told associates that he was not opposed to executing the search warrant, but wanted to give Mr. Trump’s legal team one last chance to hand over the documents before sending agents into his club — a position that his superiors overruled.
Prosecutors believed that Mr. Trump’s lawyers had already misled them once, falsely certifying to the F.B.I. and the Justice Department that they had searched for documents at the club and turned over everything they could find. The 37-count indictment against Mr. Trump and one of his aides released on Friday laid out in detail the actions the former president took to deceive prosecutors and cause the lawyers to make the false certification.
Mr. D’Antuono has also told associates that he was worried about the optics of F.B.I. agents entering Mr. Trump’s property in raid jackets, given the continued vilification of the bureau by the former president and his supporters.
Mr. D’Antuono also believed that the Miami field office should have been more involved in the investigation because of its proximity to Mr. Trump’s resort and the substantial Jan. 6 investigation that had consumed the Washington field office’s resources, according to the account he gave associates. But he told Mr. Jordan during the interview that he understood that his counterintelligence agents were involved because they were experts on the matter, according to a portion of the interview transcript released by Democrats on the panel.
And Mr. D’Antuono told him that the prosecutors handling the Trump case had not done anything wrong, another assertion that Mr. Jordan did not mention in his letter.
Democrats on the panel said Mr. D’Antuono provided information that did not portray Mr. Trump favorably.
Mr. D’Antuono told the panel how the classified documents hidden at Mar-a-Lago included documents so highly sensitive that not even he, as the head of the office, could read them, according to excerpts from his transcript released by the committee’s Democrats. Mr. D’Antuono testified he had to call in outside help to prevent further “spillage” of those classified materials.
And Mr. D’Antuono testified that Mr. Trump was physically present for a key act of potential obstruction, according to excerpts. Mr. Trump was standing with one of his lawyers at the steps of Mar-a-Lago when the lawyer handed investigators the letter falsely certifying that all classified documents had been returned, Mr. D’Antuono testified.
During that meeting, Mr. Trump told the F.B.I. and Justice Department officials that he was “open book.”
Boxes stacked in a shower. Secret documents spilled on the floor. Open boxes stored in a frequently used ballroom.
The special counsel’s indictment of former President Donald J. Trump includes a number of photographs taken at his club, Mar-a-Lago, in Palm Beach, Fla., showing documents stored in various, sometimes haphazard, ways. Most of the images appear to be obtained from text messages between Mr. Trump’s employees. One image of boxes was printed out and taped to yet another box in Mr. Trump’s residence.
Walt Nauta, the only other person indicted along with Mr. Trump, brought several boxes to Mr. Trump’s residence from the storage room at a time when National Archives officials were seeking the return of presidential material, but he told investigators he didn’t.
Here is the photographic evidence presented in the indictment, with context from the document.
From January through March 15, 2021, some of TRUMP’s boxes were stored in The Mar-a-Lago Club’s White and Gold Ballroom, in which events and gatherings took place. TRUMP’s boxes were for a time stacked on the ballroom’s stage, as depicted in the photograph below (redacted to obscure an individual’s identity). Page 10.
In April 2021, some of TRUMP’s boxes were moved from the business center to a bathroom and shower in The Mar-a-Lago Club’s Lake Room, as depicted in the photograph below. Page 12.
On June 24, 2021, TRUMP's boxes that were in the Lake Room were moved to the Storage Room. After the move, there were more than 80 boxes in the Storage Room, as depicted in the photographs below. Page 13.
On December 7, 2021, NAUTAfound several of TRUMP’s boxes fallen and their contents spilled onto the floor of the Storage Room, including a document marked “SECRET//REL TO USA, FVEY,” which denoted that the information in the document was releasable only to the Five Eyes intelligence alliance consisting of Australia, Canada, New Zealand, the United Kingdom, and the United States.
NAUTAtexted Trump Employee 2, “I opened the door and found this…” NAUTAalso attached two photographs he took of the spill. Trump Employee 2 replied, “Oh no oh no,” and “I’m sorry potus had my phone.” One of the photographs NAUTAtexted to Trump Employee 2 is depicted below with the visible classified information redacted. TRUMP’s unlawful retention of this document is charged in Count 8 of this Indictment. Page 14.
On November 12, 2021, Trump Employee 2 provided TRUMP a photograph of his boxes in the Storage Room by taping it to one of the boxes that Trump Employee 2 had placed in TRUMP’s residence. Page 18.
Asa Hutchinson, the former Arkansas governor who is seeking the Republican nomination for president, had choice words for members of his party who are rallying around Donald J. Trump: “To pejoratively say this is the result of a political prosecution is not in service to our justice system,” he said.
Mr. Hutchinson has long been a critic of the former president, but his latest remarks also speak to his background in law enforcement as a federal prosecutor, Homeland Security official in charge of the border, and as the head of the Drug Enforcement Administration in the George W. Bush administration.
“I’m more concerned about all the political leaders who have quickly lined up behind Donald Trump,” Mr. Hutchinson said in an interview Friday afternoon after reading the indictment. “I don’t think that’s wise for the rule of law.”
Mr. Hutchinson said he was taken aback by the sensitivity of many of the documents in question, and especially by the details that buttress the charge of obstruction of justice, which he said “seemed premeditated” on the part of Mr. Trump.
“It’s going to be very difficult to respond to” the obstruction charge, he said of Mr. Trump and his legal team.
But his strongest criticism was for the Republicans, including several of his rivals running against Mr. Trump for the party’s presidential nomination, who quickly condemned the Justice Department’s case as a political prosecution devised only to deny Mr. Trump another term.
“It would be doing a disservice to the country if we did not treat this case seriously,” said Mr. Hutchinson, whose bid is considered a long shot. It would also be an affront to anyone “who believes our secrets ought to be protected” and to those who “have a high regard for our intelligence community,” he added.
June 9, 2023, 5:37 p.m. ET
Maggie Haberman
Senior political correspondent
One thing the indictment did not assess was Trump’s motive in taking the documents. It laid out an extensive case for why he shouldn’t have had the sensitive national defense material, including some information about U.S. nuclear programs, and that he clearly knew he had material he shouldn’t have had. But despite the Justice Department subpoenaing material related to his foreign business deals, there’s no suggestion in the indictment that trading on the documents for business purposes was part of what he was doing.
There is little in politics more reliable than Donald J. Trump’s supporters’ loyalty and defense when the former president is under pressure. There was plenty of evidence of that fealty on Friday, the day after Mr. Trump was indicted, but also signs of fatigue among Republican voters.
In Wisconsin, a battleground state Joseph R. Biden Jr. flipped in 2020, some Trump backers shrugged off the news as insignificant.
“This country didn’t vote for an altar boy. Everybody has skeletons in the closet,” said Peter Demopoulos, 68, who operates a cattle farm in Fredonia, Wis., a rural village about 30 miles north of Milwaukee.
Mr. Demopolous, who moved to the United States from his native Greece in 1971, said he had voted for Mr. Trump in the two previous elections and would vote for him again in the coming Republican primary, whether or not he’s found guilty in the documents case or in other investigations.
“Everybody comes here for a reason, to be successful,” he said. “And I think having Trump or somebody like Trump, I think it’s a beautiful thing — to create jobs, to do the right thing, to motivate people.”
It is far too early to measure the political impact of the latest indictment. A Yahoo-YouGov poll conducted last month found that while majorities of Democrats and independents considered removing “highly classified documents from the White House and obstructing efforts to retrieve them” a serious crime, Republicans were more divided. The poll found 42 percent of Republicans called it a serious crime, while 35 percent said it was not serious, and 22 percent said they were not sure.
As Mr. Trump continues to portray the investigations against him as a vast conspiracy, some Republican voters repeated those claims and echoed what they see as Mr. Trump’s achievements in office. Others were more unsure about how much weight to give the federal indictment and how to factor it into a voting decision in 2024.
In Pennsylvania, Don Fretz, 76, a registered Republican, said he had voted “grudgingly” for Mr. Trump in 2016 and 2020 but after the new indictment, was unwilling to do so again. He hoped to vote for another Republican nominee in 2024, he said.
“I think the man should step down,” from the race, Mr. Fretz, a retiree, said outside a convenience store in Souderton, Pa. “He has too much baggage. He has great policies, but he doesn’t know when to be quiet.”
John Lanser, 60, who does masonry work among other construction-related tasks, stopped at a bakery in the Fredonia area in Wisconsin on Friday morning to get doughnuts while on his way to pick up a load of cement. He voted for Trump in both 2016 and 2020 and plans to support him again, regardless of his legal situation.
“People didn’t like Trump or who he was,” Mr. Lanser said. “But what he did for the country was great.”
Mr. Lanser said that the former president’s leadership yielded results.
“Gas prices were lower,” he said. “The economy was good. Everything was better in terms of cost of living than what it is now.”
Heather Stein, a businesswoman in Pennsylvania, said she had not voted for Mr. Trump in past elections and didn’t plan to vote for him or President Biden if they are the nominees in 2024. Still, she said she didn’t understand why Mr. Trump was being charged in connection with taking classified documents after his term ended.
“Every president leaves the White House with boxes of stuff,” she said outside a supermarket in Blue Bell, Pa., hours before the indictment was unsealed. “It could be that there was something egregious in the documents, I don’t know. But I don’t have a lot of faith in that process at the moment.”
Ms. Stein, 47, who did not specify a political affiliation, said she might be tempted to vote for a third-party candidate in 2024.
“I wish they would both just go away,” she said of Mr. Trump and Mr. Biden. “I’m not more or less likely now to vote for either of them. I want one of those T-shirts that says, ‘Any functioning adult 2024.’”
The indictment of Donald J. Trump accuses him of showing a military document about a plan of attack against an unnamed country to a writer, with the former president admitting that the material was secret and acknowledging that he lacked the power to declassify it.
The indictment has a transcript from a legally recorded conversation that took place at Mr. Trump’s golf club in Bedminster, N.J., and includes an exchange between the former president, the unidentified writer and a staffer to Mr. Trump.
Mr. Trump, according to the indictment, states he has found a document that was a plan of attack against an unnamed country. One quotation in the indictment suggests Mr. Trump showed the document to the writer and possibly even provided the document to read.
“See, as president I could have declassified it,” Mr. Trump said, according to the indictment.
“Now I can’t, you know, but this is still a secret,” Mr. Trump goes on to say.
A staffer responds, laughing: “Yeah. Now we have a problem.”
The conversation that was recorded by the writer — who was assisting Mark Meadows, one of Mr. Trump’s former chiefs of staff, with a book — and took place on July 21, 2021. Around that time, media reports were discussing the concerns of Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, who, according to the reports, said that Mr. Trump had considered attacking Iran.
The indictment neither identifies General Milley nor Iran.
Current officials declined to comment, but some former officials said they believed the country in question was Iran, given that in Mr. Trump’s final year in office he discussed potential attacks on Iran with defense and military officials multiple times.
The Pentagon’s operational plans for attacks on adversary countries are among the most closely guarded secrets. But such plans are technical in nature, and not usually shared with presidents, particularly one who was not interested in details, like Mr. Trump. However, the military did create summary documents to show Mr. Trump about contingency plans, former officials said.
While any document outlining a potential plan of attack would constitute secret defense information protected by the Espionage Act, it is possible the document Mr. Trump said was secret was not marked as such.
The indictment lists 31 specific documents the government accuses Mr. Trump of keeping, almost all marked secret or top secret. Some have an additional marking of “special handling.” It suggests the material inside was especially sensitive, potentially including information about the method of collection, and that specific procedures were in place for its storage, handling and who could see it.
It is not precisely clear which of the documents listed by the special counsel was the one Mr. Trump showed off in July at Bedminster. While the descriptions of the classified documents are vague, a number are described as containing information about the military capabilities of a foreign country.
But one document, listed in the indictment as undated and without markings about its classification level, is described as “concerning military contingency planning,” a description that could mean it described a war plan, like the one Mr. Trump showed off at the golf club.
June 9, 2023, 4:42 p.m. ET
Jonathan Weisman
Political correspondent
North Dakota Gov. Doug Burgum, who entered the presidential race this week as a different kind of Republican, reacted to the indictment cautiously, with an ear to the Republican base. “President Biden has had documents found at his home, in his office,” he told reporters in Iowa after the indictment was unsealed. “What we’re hearing from voters today, it’s not about one. It’s about both.”
If the case against former President Donald J. Trump over secret documents proceeds to a trial, the jurors who decide his fate would likely be drawn from a pool of residents who lean Democratic but also from a part of Florida where support for Republicans has risen in recent years.
Many details about the case have yet to be announced, or even determined. But in a form attached to the indictment that was unsealed on Friday, a prosecutor noted that the case was filed in the West Palm Beach court division, suggesting that the jury pool may be drawn from there.
If that is the case, potential jurors would be pulled from the voter registration rolls of Palm Beach County, according to the federal court’s policy. Voters in the county have consistently voted for Democratic presidents by a substantial margin, even as the county and some neighboring areas, such as Miami-Dade County to the south, have grown more Republican in recent years.
In 2020, President Biden won 56.1 percent of the votes in Palm Beach County to Mr. Trump’s 43.3 percent. However, Gov. Ron DeSantis, a Republican, won 51 percent of the county vote in the governor’s race last fall, edging out a less popular Democratic challenger.
Mr. Trump is scheduled to make his first appearance in the case at the federal courthouse in Miami on Tuesday, suggesting that any potential trial may take place there. That brings with it a possibility that lawyers could argue — for a variety of reasons, including the logistical burden on the jurors themselves — that jurors should be selected from Miami-Dade County. Mr. Biden won that county in 2020, but by only seven points after many Hispanics swung to Mr. Trump. Mr. DeSantis won 55 percent of the county’s vote last fall.
Scott E. Sundby, a criminal law professor at the University of Miami who studies juries, said that no matter where jurors are chosen from, the publicity surrounding the case — and the fact that Mr. Trump is a high-profile politician — would make it much more difficult for the court to find jurors able to decide the case solely on the facts presented at trial. Many prospective jurors — and even those who make their way onto the jury — would likely have heard of the case, he added.
“You can’t strike people just because they’ve heard about the case unless you’re going to find a hermit in the middle of the Everglades,” Mr. Sundby said. “It’s going to be a real challenge for the judge. It’s going to take a real skillful judge to navigate this.”
In the jury selection process, lawyers can strike a limited number of potential jurors for any reason except for race and gender. Mr. Sundby said that lawyers from both sides will want to know as much about the potential jurors as possible, including their political views. But the judge handling the case will ultimately decide what questions to allow, he said, and whether lawyers will be able to interview jurors directly or submit questions to be asked by the judge.
Mr. Sundby said it is possible, for example, that a judge could keep lawyers from expressly asking jurors who they voted for but may allow questions that could reveal their political and moral views.
“If the criminal justice system is going to come out of this, hopefully still standing, it’s really important that the process be made as apolitical as possible,” he said.
June 9, 2023, 4:00 p.m. ET
Jonathan Weisman
Political correspondent
Mr. Trump’s allies on the far right of the House Republican Conference have veered into making bellicose threats that sound like calls to arms. Representative Andy Biggs, Republican of Arizona, tweeted, “We have now reached a war phase. Eye for an eye.” Representative Clay Higgins, Republican of Louisiana, appeared to summon supporters to Mr. Trump’s arraignment in Miami on Tuesday. “Buckle up. 1/50K know your bridges. Rock steady calm. That is all,” he wrote on Twitter, in an apparent reference to military maps.
Walt Nauta, the only other person indicted along with former President Donald J. Trump, has been serving as his personal aide after previously working for him in the White House.
A native of Guam, Mr. Nauta enlisted in the military at some point and was a military aide working as a White House valet while Mr. Trump was president.
The valets in the White House have unusual proximity to the commander in chief, encountering them at moments of vulnerability, including at meals and on foreign trips.
Mr. Trump and Mr. Nauta forged a bond during the Trump administration, and when the term ended, Mr. Nauta retired and went to go work for Mr. Trump personally.
He was one of the very few members of Mr. Trump’s post-presidential office when Mr. Trump first returned to private life at his club, Mar-a-Lago, in Palm Beach, Fla. There, Mr. Nauta resumed the kind of personal chores that he had helped Mr. Trump with while he was president.
Mr. Nauta has been seen as deeply loyal to Mr. Trump by other aides.
But he attracted the attention of the government for his appearance on security camera footage from the club, which was subpoenaed by prosecutors, moving boxes in and out of a basement storage room after a grand jury subpoena.
In interviews with government officials, according to the indictment, he gave false testimony about whether he had moved boxes to Mr. Trump’s residence earlier in the year. In reality, according to the indictment, Mr. Nauta brought several boxes to Mr. Trump’s residence from the storage room at a time when National Archives officials were seeking the return of presidential material, but he told investigators he didn’t.
In another memorable moment noted in the indictment, on Dec. 7, 2021, Mr. Nauta discovered that some of the boxes in the storage room had fallen and their contents were all over the floor, “including a document marked ‘SECRET//REL TO USA, FVEY,’ which denoted that the information in the document was releasable only to the Five Eyes intelligence alliance consisting of Australia, Canada, New Zealand, Britain and the United States.”
Mr. Nauta texted a colleague and wrote, “I opened the door and found this…”
Prosecutors have been weighing charging Mr. Nauta since the fall, but had been pressuring him to cooperate with their investigation. He declined.
Nikki Haley spent part of Thursday touring an oil rig in Texas. Ron DeSantis’s allies rolled out endorsements from Oklahoma Republicans ahead of his appearance in Tulsa on Saturday. And G.O.P. activists across North Carolina and Georgia prepared to hear from a parade of presidential candidates — including former President Donald J. Trump, who was just indicted on federal charges — at their state conventions.
The Iowa caucuses next year may be a make-or-break moment for many in the Republican field, but at least in the coming days the presidential spotlight is shifting south — while also remaining squarely on Mr. Trump.
His indictment on Thursday is certain to bring a glaring spotlight to the state conventions in Georgia and North Carolina on Saturday, as it will be the first time he plans to appear publicly since he became the first former president in American history to face federal charges.
Two speeches by Mr. Trump on the same day in two states are likely to eclipse the appearances of his Republican rivals, consuming the attention of state G.O.P. activists and elected officials as well as the media.
Many in the Republican field have been fanning out across the South and Southwest, raising campaign cash and cementing relationships with party leaders in a number of traditionally delegate-rich and donor-heavy states. Those states — including Texas and Georgia — may be critical in shaping the course of the primary race, after the early-voting states of Iowa, New Hampshire, South Carolina and Nevada have their say next year.
The first states to vote play an outsize role in defining the race, and those who fail to gain traction in at least some of those contests generally collapse. (President Biden was something of an anomaly; he lost the first three Democratic contests before South Carolina revived his candidacy and later-voting states cemented his victory.)
But pitched presidential primary battles often stretch well past the initial early window as candidates compete to clinch the nomination, with a tranche of delegates typically up for grabs on Super Tuesday, when many states hold primaries at once. With their latest forays, some of the 2024 G.O.P. candidates are signaling an early interest in building their profiles in those later-voting states, even as others have focused on those states primarily for fund-raising purposes.
In addition to Mr. Trump, two long-shot candidates were also scheduled to appear in Georgia: former Gov. Asa Hutchinson of Arkansas and Vivek Ramaswamy, the entrepreneur and “anti-woke” activist.
“We’re planting the seeds,” Mr. Ramaswamy said of his trip to Georgia.
Mr. Trump, Mr. DeSantis and former Vice President Mike Pence were slated to speak to the North Carolina Republican Party’s state convention, with Mr. DeSantis listed as a keynote speaker at a Friday night dinner, and Mr. Pence and Mr. Trump lined up for Saturday, according to the latest schedule.
“I would think everybody should be and would be focused on a delegate strategy, because that really is going to determine what happens in Milwaukee next year,” said Michael Whatley, the chairman of the North Carolina Republican Party, referring to next year’s Republican National Convention in Wisconsin. Mr. Whatley said he expected that “every activist, county party leader, district party leader and donor in the entire state is going to be descending on Greensboro” for the state convention.
It may be a different scene in Georgia, where the state G.O.P. has veered hard to the right — even as Mr. Trump lost Georgia to Mr. Biden, and Democrats hold both Senate seats there, their victories driven in part by backlash to Mr. Trump’s brand of grievance-laced politics.
“The group that goes to Republican conventions is one group of Republicans, but not the Republicans,” said former Representative Jack Kingston, a Georgia Republican, nodding to the split in the party.
June 9, 2023, 3:19 p.m. ET
Glenn Thrush
Department of Justice reporter
Trump’s allies have portrayed his actions as a paperwork fight not worthy of prosecution. Smith rebutted that, casting his investigation as a defense of U.S. national security — and the fulfillment of an obligation to defend those who risk their lives to gather intelligence for the country. He urged people to “understand the scope and gravity of the crimes charged” and said that laws “protecting our nation” must be enforced.
June 9, 2023, 3:15 p.m. ET
Glenn Thrush
Department of Justice reporter
Smith, solemn and unsmiling, delivered his remarks in under three minutes, and then he walked slowly out of a conference room at a nondescript northeast Washington office belonging to the Justice Department, past a phalanx of photographers and stone-faced aides who watched from the rear of the room.
June 9, 2023, 3:12 p.m. ET
Ben Protess
Investigative reporter
Smith did not address why they chose to bring the case in Florida, rather than Washington.
June 9, 2023, 3:12 p.m. ET
Ben Protess
Investigative reporter
Smith’s comments were brief and to the point, devoid of the sort of hyperbole and accusations that often appear in a prosecutor’s prepared remarks.
June 9, 2023, 3:09 p.m. ET
Ben Protess
Investigative reporter
Smith says “we have one set of laws and they apply to everyone” and that “we very much look forward to presenting our case.”
June 9, 2023, 3:09 p.m. ET
Maggie Haberman
Senior political correspondent
Smith has been such a mysterious figure since November, it’s startling to see him live.
June 9, 2023, 3:09 p.m. ET
Maggie Haberman
Senior political correspondent
Smith stresses that Trump and his aide, Walt Nauta, have a presumption of innocence and says he will “seek a speedy trial” consistent with public interest and the rights of the defendants.
June 9, 2023, 3:08 p.m. ET
Maggie Haberman
Senior political correspondent
Smith is noting that the country’s “laws” protecting national defense information are “critical” for U.S. security and that the rule of law is a bedrock principle of the U.S.
June 9, 2023, 3:06 p.m. ET
Maggie Haberman
Senior political correspondent
Jack Smith, the special counsel, has started speaking.
June 9, 2023, 3:01 p.m. ET
Maggie Haberman
Senior political correspondent
It’s striking how narrowly tailored the indictment is to the period after the grand jury subpoena that was issued on May 11, 2022.
June 9, 2023, 3:00 p.m. ET
Maggie Haberman
Senior political correspondent
Trump is already attempting to turn his supporters’ ire on Jack Smith, the special counsel. In a Truth Social post, Trump attacked Smith’s record in other cases and called him a “deranged “psycho” that shouldn’t be involved in any case having to do with “Justice.””
June 9, 2023, 2:59 p.m. ET
Maggie Haberman
Senior political correspondent
Every aspect of the indictment shows a historic element of Trump’s personality: his showing off, his belief that everything is his, his thrusting his advisers into untenable positions, his admiration for people who evade scrutiny.
June 9, 2023, 2:57 p.m. ET
Jeremy W. Peters
Media reporter
On Fox News, lots of obfuscation and misdirection. What about Hunter Biden, Hillary’s emails, etc. But also doses of reality. Legal commentator Jonathan Turley says the indictment is “breathtaking” and that Trump’s behavior “borders on the bizarre.” The evidence, Turley says, is “daunting.”
June 9, 2023, 2:56 p.m. ET
Glenn Thrush
Department of Justice reporter
The indictment says that in April 2021, Trump’s staffers needed to move dozens of boxes from a ballroom space they were converting to office space. “There is still a little room in the shower where his other stuff is,” one aide texted another. Soon after, the boxes were hauled to a small bathroom adjacent to a Mar-a-Lago banquet room and piled up nearly to the tiny chandelier next to the toilet.
June 9, 2023, 2:53 p.m. ET
Adam Goldman
F.B.I. and national security reporter
Prosecutors revealed that Trump had caused his lawyers to falsely certify a statement for the Justice Department last June that his legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government.
June 9, 2023, 2:54 p.m. ET
Adam Goldman
F.B.I. and national security reporter
Prosecutors said that Christina Bobb, his lawyer, signed the statement even though she had no role in the review of the boxes. Shortly after Bobb did the false certification, officials from the F.B.I. and Justice Department met at Mar-a-Lago with Trump and Bobb along with another lawyer. Trump declared to investigators that he was an “open book.”
June 9, 2023, 2:51 p.m. ET
Ben Protess
Investigative reporter
The indictment reveals previously unreported text messages between two Trump aides who were trying to find a place to store the boxes at Mar-a-Lago in the spring of 2021. The aides ended up moving some of the boxes from a business center to a bathroom and shower, but they also discussed moving them to a storage room. “Anything that’s not the beautiful mind paper boxes can definitely go to storage,” one of the employees texted the other.
June 9, 2023, 2:50 p.m. ET
Maggie Haberman
Senior political correspondent
It is going to enrage Trump when he sees just how much of his own staff and advisers cooperated with this investigation.
June 9, 2023, 2:44 p.m. ET
Glenn Thrush
Department of Justice reporter
The indictment says that Trump appeared to be proud of the material he retained and eager to show them off as keepsakes. “Isn’t it amazing?“ he asked a visitor to his golf club in Bedminster, N.J., after showing off Iran intelligence, boasting that military commanders “presented me this.’ Trump said he randomly plucked the papers off ‘a big pile,’ suggesting he had many more.
June 9, 2023, 2:40 p.m. ET
William Rashbaum
Senior writer on the Metro desk
The indictment says that for nearly three months after he left office in January 2021, some of Trump’s boxes were stored in Mar-a-Lago’s “White and Gold Ballroom,” where events and gatherings were held. The boxes “were for a time stacked on the ballroom’s stage,” and the indictment includes a striking grainy photograph showing 10 rows of document cartons, each row two deep and stacked two high close to the edge of the stage.
June 9, 2023, 2:34 p.m. ET
Ben Protess
Investigative reporter
In one of the most problematic pieces of evidence for Trump, the indictment recounts how, according to his lawyer’s words, Trump made a “plucking motion” that implied, “why don’t you take them with you to your hotel room and if there’s anything really bad in there, like, you know, pluck it out.”
June 9, 2023, 2:31 p.m. ET
William Rashbaum
Senior writer on the Metro desk
The indictment says that after leaving office Mr. Trump retained classified documents created by, or in some way involving, a wide range of intelligence and other executive branch agencies and departments. They included the the Central Intelligence Agency, the Department of Defense, the National Security Agency, the National Geospatial Intelligence Agency, the National Reconnaissance Office, the Department of Energy and the Department of State’s Bureau of Intelligence and Research.
June 9, 2023, 2:30 p.m. ET
Ben Protess
Investigative reporter
In the hours and days before Trump’s lawyer visited Mar-a-Lago to search for documents in a storage room, Trump directed his aide and now co-defendant, Walt Nauta, to move 64 of the boxes out of the storage room.
June 9, 2023, 2:28 p.m. ET
Glenn Thrush
Department of Justice reporter
One of the most striking images in the document is a picture of a box of top secret national security documents that in 2021 had spilled on the floor of a Mar-a-Lago storage room accessible to many of the resort’s employees.
June 9, 2023, 2:23 p.m. ET
Ben Protess
Investigative reporter
According to the indictment, Trump also told his lawyers, “wouldn’t it be better if we just told them we don’t have anything here?” He added, “Well look, isn’t it better if there are no documents?”
June 9, 2023, 2:22 p.m. ET
Ben Protess
Investigative reporter
As The Times previously reported, prosecutors gained access to notes taken by one of Mr. Trump’s lawyers. The notes reflect what Trump told them, which, according to the indictment, included, “I don’t want anybody looking through my boxes, I really don’t, I don’t want you looking through my boxes.”
June 9, 2023, 2:18 p.m. ET
Adam Goldman
F.B.I. and national security reporter
Prosecutors charged Mr. Trump with 31 counts of violating the Espionage Act. The indictment details 31 highly classified documents that Trump has kept at his resort. They included information about the military and nuclear capabilities of foreign countries, White House intelligence briefings, a country’s support of terrorist attacks against the U.S., and U.S. military contingency planning.
June 9, 2023, 2:13 p.m. ET
William Rashbaum
Senior writer on the Metro desk
The charges also accuse Trump of suggesting that his attorney hide or destroy documents called for by the grand jury subpoena and “providing to the F.B.I. and grand jury just some of the documents called for by the grand jury subpoena, while claiming that he was cooperating fully.”
June 9, 2023, 2:08 p.m. ET
William Rashbaum
Senior writer on the Metro desk
The indictment charged that after the grand jury issued a subpoena requiring the former president to turn over “all documents with classification markings,” he tried to block the F.B.I. and grand jury investigations and “conceal his continued retention of classified documents.”
June 9, 2023, 2:10 p.m. ET
William Rashbaum
Senior writer on the Metro desk
The indictment says he did so by suggesting that his attorney falsely tell the F.B.I. and grand jury that he did not have the documents the grand jury was seeking. The indictment also accuses Trump of directing his valet to move boxes of documents to hide them from the former president’s lawyer, the F.B.I., and the grand jury.
June 9, 2023, 2:06 p.m. ET
Ben Protess
Investigative reporter
In a particularly stinging portion of the indictment, Trump’s own words about the importance of protecting classified documents are recited. He said, for example, that “we can’t have someone in the Oval Office who doesn’t understand the meaning of the word confidential or classified.” He also said, “In my administration, I’m going to enforce all laws concerning the protection of classified information. No one will be above the law.”
June 9, 2023, 1:58 p.m. ET
Ben Protess
Investigative reporter
The indictment outlines a number of incidents when Trump obstructed the Justice Department’s investigation, including “suggesting that his attorney falsely represent to the F.B.I. and grand jury” that he did not in fact have documents called for by a subpoena.
Indictments against former President Donald J. Trump and a personal aide, Walt Nauta, unsealed Friday reveal a host of embarrassing and potentially devastating new details about a yearlong investigation previously cloaked in secrecy.
The 49-page indictment, containing 37 counts and seven separate charges against the former president and one against his aide, gave the clearest picture yet of the breadth of sensitive materials Mr. Trump removed from the White House, the comically haphazard way he and his staff handled documents — and, most significantly, what prosecutors described as a pattern of obstruction and false statements intended to block the F.B.I. and grand jury.
Here are some of the most significant, and startling, allegations:
Mr. Trump and Mr. Nauta are accused of conspiring to obstruct justice.
Prosecutors say they have assembled evidence showing that Mr. Trump willfully ignored a May 2022 subpoena requiring him to return everything belonging to the National Archives — and took extraordinary steps to obstruct the F.B.I. and grand jury.
In the hours before Mr. Trump’s lawyer visited his Mar-a-Lago estate to search for documents in a storage room — an attempt to comply with the subpoena — Mr. Trump directed Mr. Nauta, his co-defendant, to move 64 of the boxes out of the storage room because he maintained they were his property.
“I don’t want anybody looking through my boxes, I really don’t,” Mr. Trump told one of his lawyers, according to the indictment.
He stored boxes of important documents in the shower.
The indictment says that in April 2021, Mr. Trump’s employees needed to move dozens of boxes from a ballroom space they were converting to office space. “There is still a little room in the shower where his other stuff is,” one aide texted another. Soon after, the boxes were hauled to a small bathroom adjacent to a Mar-a-Lago banquet room and piled up nearly to the tiny chandelier next to the toilet.
Top secret documents were stored so sloppily they spilled onto the floor.
One of the most striking images in the document is a picture of a box of top secret national security documents that in 2021 had spilled on the floor of a Mar-a-Lago storage room accessible to many of the resort’s employees. The files were marked with restrictive “five eyes” classification markings, indicating they could only be viewed by officials with top security clearances issued by the United States and its closest allies.
Mr. Trump suggested his lawyer take a folder of documents and ‘if there’s anything really bad in there, like, you know, pluck it out.’
In one of the most problematic pieces of evidence for Mr. Trump, the indictment recounts how, according to his lawyer’s words, Mr. Trump and the lawyer discussed what to do with a folder of 38 documents with classification markings. The lawyer said Mr. Trump made a “plucking motion” that implied, “why don’t you take them with you to your hotel room and if there’s anything really bad in there, like, you know, pluck it out.”
That could indicate that he knew he was holding onto sensitive documents, the “bad” ones, authorized people without appropriate security clearances to vet them — rather than simply returning everything to the archives, as the government demanded.
Mr. Trump shared secrets with visitors to Bedminster. There’s audio.
Many of the episodes recounted in the filing have been reported in the news media — including a potentially damaging revelation that he was recorded showing off secret U.S. battle plans — describing the material as “highly confidential” and “secret,” while admitting it had not been declassified.
“See, as president I could have declassified it,” Mr. Trump said. He added, “Now I can’t, you know, but this is still a secret.”
A secret map was said to be shared with a political action committee staff member.
In another incident in August or September 2021, he shared a top secret military map with a staff member at his political action committee who did not have a security clearance.
According to the indictment, the former president suggested that a military operation in an unnamed country was not going well. He showed the map to the staff member but, according to the indictment, warned the person “not to get too close.”
In these interactions, he seemed to be less interested in the content of the material, than the fact that they had been “presented to me,” like a gift or a keepsake.
“Isn’t it amazing?“ he asked one visitor after showing off a document, adding that he had randomly plucked the papers off “a big pile,” suggesting he had many more.
M. Evan Corcoran, one of Trump’s lawyers, is a key witness.
Mr. Corcoran, who kept meticulous notes (some of them transcribed from iPhone voice memos he made for himself), found himself in the position of pressuring his evasive client into doing both the lawful and self-protective thing by returning the documents to the government.
In one of the more stunning revelations, prosecutors said that Mr. Trump and Mr. Nauta moved around boxes so that Mr. Corcoran, who requested a full accounting of the material to provide to investigators, could not find them.