a. In July 2021, at Trump National Golf Club in Bedminster, New Jersey (“The Bedminster Club”), during an audio-recorded meeting with a writer, a publisher, and two members of his staff, none of whom possessed a security clearance, TRUMP showed and described a “plan of attack” that TRUMP said was prepared for him by the Department of Defense and a senior military official. TRUMP told the individuals that the plan was “highly confidential” and “secret.” TRUMP also said, “as president I could have declassified it,” and, “Now I can’t, you know, but this is still a secret.”
b. In August or September 2021, at The Bedminster Club, TRUMP showed a representative of his political action committee who did not possess a security clearance a classified map related to a military operation and told the representative that he should not be showing it to the representative and that the representative should not get too close.
7. On March 30, 2022, the Federal Bureau of Investigation (“FBI”) opened a criminal investigation into the unlawful retention of classified documents at The Mar-a-Lago Club. A federal grand jury investigation began the next month. The grand jury issued a subpoena requiring TRUMP to turn over all documents with classification markings. TRUMP endeavored to obstruct the FBI and grand jury investigations and conceal his continued retention of classified documents by, among other things:
a. suggesting that his attorney falsely represent to the FBI and grand jury that TRUMP did not have documents called for by the grand jury subpoena;
b. directing defendant WALTINE NAUTA to move boxes of documents to conceal them from TRUMP’s attorney, the FBI, and the grand jury;
c. suggesting that his attorney hide or destroy documents called for by the grand jury subpoena;
d. providing to the FBI and grand jury just some of the documents called for by the grand jury subpoena, while claiming that he was cooperating fully; and
e. causing a certification to be submitted to the FBI and grand jury falsely representing that all documents called for by the grand jury subpoena had been produced—while knowing that, in fact, not all such documents had been produced.
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