On May 11, 2022,
the grand jury issued a subpoena (the “May 11 Subpoena”) to
The Office of Donald J. Trump requiring the production of all documents with classification
markings in the possession, custody, or control of TRUMP or The Office of Donald J. Trump.
Two attorneys representing TRUMP (“Trump Attorney 1” and “Trump Attorney 2”) informed
TRUMP of the May 11 Subpoena, and he authorized Trump Attorney 1 to accept service.
- On May 22, 2022, NAUTA entered the Storage Room at 3:47 p.m. and left
approximately 34 minutes later, carrying one of TRUMP’s boxes. - On May 23, 2022, TRUMP met with Trump Attorney 1 and Trump Attorney 2 at
The Mar-a-Lago Club to discuss the response to the May 11 Subpoena. Trump Attorney 1 and
Trump Attorney 2 told TRUMP that they needed to search for documents that would be responsive
to the subpoena and provide a certification that there had been compliance with the subpoena.
TRUMP, in sum and substance, made the following statements, among others, as memorialized
by Trump Attorney 1:
a. I don’t want anybody looking, I don’t want anybody looking through my
boxes, I really don’t, I don’t want you looking through my boxes.
b. Well what if we, what happens if we just don’t respond at all or don’t play
ball with them?
c. Wouldn’t it be better if we just told them we don’t have anything here?
d. Well look isn’t it better if there are no documents? - While meeting with Trump Attorney 1 and Trump Attorney 2 on May 23, TRUMP,
in sum and substance, told the following story, as memorialized by Trump Attorney 1:
[Attorney], he was great, he did a great job. You know what? He
said, he said that it – that it was him. That he was the one who
deleted all of her emails, the 30,000 emails, because they basically
dealt with her scheduling and her going to the gym and her having
21
beauty appointments. And he was great. And he, so she didn’t get
in any trouble because he said that he was the one who deleted them.
TRUMP related the story more than once that day.
- On May 23, TRUMP also confirmed his understanding with Trump Attorney 1 that
Trump Attorney 1 would return to The Mar-a-Lago Club on June 2 to search for any documents
with classification markings to produce in response to the May 11 Subpoena. Trump Attorney 1
made it clear to TRUMP that Trump Attorney 1 would conduct the search for responsive
documents by looking through TRUMP’s boxes that had been transported from the White House
and remained in storage at The Mar-a-Lago Club. TRUMP indicated that he wanted to be at The
Mar-a-Lago Club when Trump Attorney 1 returned to review his boxes on June 2, and that
TRUMP would change his summer travel plans to do so. TRUMP told Trump Attorney 2 that
Trump Attorney 2 did not need to be present for the review of boxes. - After meeting with Trump Attorney 1 and Trump Attorney 2 on May 23, TRUMP
delayed his departure from The Mar-a-Lago Club to The Bedminster Club for the summer so that
he would be present at The Mar-a-Lago Club on June 2, when Trump Attorney 1 returned to review
the boxes. - Between TRUMP’s May 23 meeting with Trump Attorney 1 and Trump Attorney
2 to discuss the May 11 Subpoena, and June 2, when Trump Attorney 1 returned to The Mar-aLago Club to review the boxes in the Storage Room, NAUTA removed—at TRUMP’s direction—
a total of approximately 64 boxes from the Storage Room and brought them to TRUMP’s
residence, as set forth below:
a. On May 24, 2022, between 5:30 p.m. and 5:38 p.m., NAUTA removed three
boxes from the Storage Room.
