New Details in Donald Trump Illegal Document Investigation:
Donald Trump may have willfully defied a subpoena with intent to obstruct an investigation into classified documents stored at his Florida residence in Mar-a-Lago.
According to notes taken by his lawyer Evan Corcoran, the former president had been warned that he could not keep the secret material at his house.
Donald Trump: What Is the Latest?
If true, the revelation that special counsel Jack Smith unearthed would prove that Trump knew that holding back the documents was improper and illegal, but he kept them anyway.
Could this have been a deliberate act of obstruction to authorities in their efforts to return the classified documents back to the National Archives?
How Many Documents Are We Talking About?
Last year, Corcoran said he found 40 classified documents in June and promised that was the extent of the records, but then on a later search conducted by the FBI at Mar-a-Lago found more than 101 more secret papers.
These were mixed in with other keepsakes that were not classified and could have been accidentally placed there with no intent to avoid the subpoena.
Smith is trying to figure out if Trump willfully had criminal intentions when he did not comply fully with the subpoena.
A Witness Who May Have Moved the Boxes of Documents Has Emerged
A witness has emerged in the investigation who may have damaging testimony to the Trump defense narrative and chain of events.
The Guardian said Trump’s valet Walt Nauta told the Department of Justice that he moved boxes of classified material out of storage to place them in another room before and after the subpoena.
This assertion was reportedly backed up by surveillance video obtained by investigators.
Corcoran had taken extensive notes on the chain of events regarding the classified documents, 50 pages worth, according to an anonymous source that The Guardian interviewed.
Apparently, Nauta helped Corcoran search around 60 boxes of documents and other keepsakes such as clothes and gifts that the president rightfully could keep.
When Trump Found Out About Lawyer’s Elaborate Notes He Was Perturbed
The Guardian reported that Trump did not know about the existence of his lawyer’s notes until after the subpoena was issued and that he was “irritated” that Corcoran had written such detailed missives during the saga. Trump also wasn’t happy that the Corcoran’s notes were subpoenaed and made available to the special counsel’s investigators.
While The Guardian is pleased with its reporting that attempts to show Trump willfully tried to defy the subpoena, it does not necessarily mean that the former president had intent to commit a crime.
He still could say that keeping documents was within his rights and duties as commander-in-chief – that he was the ultimate arbiter of what is classified and what is not. This defense includes Trump’s assertion that he could personally declassify the documents once they were at Mar-a-Lago.
So, the grand jury will likely be presented with the notes and surveillance video that the boxes of documents were moved, perhaps willfully to defy the subpoena. It is possible that the grand jurors could indict the president, but Trump has a plausible defense by raising reasonable doubt.
And it is not clear what law or statute the president would be prosecuted under whether it would be a misdemeanor or felony. Trump will defend himself vigorously in potential court proceedings and will likely deny that he willfully tried to defy the subpoena.
Thus, the criminal intent aspect of this case is still murky, even though Trump’s opponents will gleefully say they finally have the “goods” on Trump to sink him in court.
Whatever the outcome of the case, Trump’s supporters are likely to point out that the investigation is a witch hunt by a biased special counsel and a politically motivated Department of Justice. An indictment is not likely to pose problems with his base of supporters, although Independents may get tired of the president’s never-ending legal quagmire and vote against him should he be the GOP nominee.
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Author Expertise and Experience
Serving as 19FortyFive’s Defense and National Security Editor, Dr. Brent M. Eastwood is the author of Humans, Machines, and Data: Future Trends in Warfare. He is an Emerging Threats expert and former U.S. Army Infantry officer. You can follow him on Twitter @BMEastwood. He holds a Ph.D. in Political Science and Foreign Policy/ International Relations.
