Your Indictment news for May 23, 2023
Hi there,
I'm back! Thanks to everyone for understanding that sometimes family and a trip to Disney World is more important than catching the latest indictment news as it breaks. Many of you sent thoughtful notes and I appreciated every one. We had a wonderful time.
Of course, there was a whole lot of news waiting for me when I got back last night and, in the name of completeness, I'm catching up on all of it here today.
But before we get to it, hi! I'm Dan Sinker (hello!) and I write these updates as a solo independent endeavor. I don't charge for the work, but tips are very welcome via PayPal, Venmo, or CashApp. Your support means a lot.
OK, let's get up-to-date on the last week:
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Previously: On January 20, 2021, Donald Trump left the White House. In what most described as a hurried and chaotic move, dozens of boxes of presidential papers were moved to Mar-a-Lago, Trump's home and private club in Florida. A few months later, the National Archives requested the return of the papers, which are federal property. The National Archives then spent much of the next year continuing to ask for the return of these papers. Finally, in January of 2022, Trump returned 15 boxes, which were discovered to contain 197 classified documents, at which point the National Archives alerted the Justice Department and the FBI opened an investigation. Cut to August 8, 2022 when the FBI executed a search warrant on Mar-a-Lago where they found many more classified documents and their investigation intensified. Which brings us to toda… last week.
Today, Thursday, June 15, 2023
On Thursday, June 8th, Donald Trump was indicted on 37 federal counts stemming from his refusal to return classified documents to the National Archives. The charges include willful retention of national defense secrets, obstruction of justice, and conspiracy. If he's convicted, he could face years of prison time. Of the 37 counts, 31 are for violations of the Espionage Act, which, whistles. The federal indictment comes just two and a half months after he was indicted on state charges in New York and makes him not only the first president to be indicted on federal charges, but the first to become indicted for anything twice. The indictment was announced by Trump himself who took to his social network Truth Social to announce, "I have been indicted, seemingly over the Boxes Hoax," which doesn't exactly roll off the tongue, but so it goes. (Source: Washington Post)
The 49-page indictment was unsealed the next day by special council Jack Smith. The entire document is stunning, filled with example after example of Trump's cavalier attitude towards dozens of boxes that contained hundreds of classified files. The indictment demonstrates not only the unsecured storage of the files, including photographs of boxes stored on a ballroom stage and crammed into a bathroom, surrounding a toilet, but is also filled with direct quotes from Trump and his aides, through texts, notes, and actual full-on audio recordings. When meeting with a lawyer about turning over files to the FBI, Trump tells one of his lawyers "if there’s anything really bad" in the files, "pluck it out." In a recorded conversation, Trump shows a reporter at his Bedminster New Jersey golf club a military invasion plan he describes as "highly confidential," and admits that he "could have declassified it" as president, but "now I can't." Which, well, stares. The whole indictment is equal parts entertaining and disturbing. (Source: Original Document)
Also charged alongside Donald Trump was Walt Nauta, a former Navy petty officer who is now a personal valet for Trump after serving the important role in the White House of being the person on the other side of the president's Diet Coke button. No, really. Nauta has been charged with six counts including conspiracy to obstruct justice and making false statements and representations. The indictment is filled with texts and pictures from Nauta, who appeared to be the former president's chief box wrangler. The government alleges that Nauta was ordered by Trump "to move boxes of documents to conceal them from Trump's attorney, the FBI, and the grand jury" and that he "hid, concealed, and covered up from the FBI Trump's continued possession of documents with classification margins at the Mar-a-Lago Club." (Source: Business Insider)
The judge assigned to the case is Aileen M Cannon, who was appointed by Trump and confirmed in November 2020, after he had lost the election. Cannon had no prior experience as a judge before her appointment and, according to the New York Times, has only presided over four criminal trials since then. "In all," the Times writes, "the four cases added up to 14 trial days." Judge Cannon did, however, preside over the brief lawsuit from Donald Trump requesting the appointment of a special master to review the very documents at the center of this indictment. Cannon granted Trump's request, but her decision was overturned and the case dismissed by the Eleventh Circuit Court of Appeals who found that Cannon had "improperly exercised equitable jurisdiction" over it. While Cannon could recuse herself, or special council Jack Smith could request she do so, the Times reports, "there is no sign that either of them is considering taking that step." (Source: New York Times)
Finally, on Tuesday, June 13th, Trump was booked and arraigned in the federal courthouse in Miami, having traveled down from Bedminster, NJ the day before. "Trump appeared frustrated as he sat at the defense table, frowning with his arms crossed," according to the Guardian. The New York Times described it as "a humiliating moment." He pled not guilty to all charges. Following the arraignment, he traveled to the Versailles coffee shop in Miami's Little Havana neighborhood where he bought food for supporters, then picked up McDonalds for his flight back to New Jersey where he gave a speech and if you think I watched it you are crazy. The next day, June 14th, was his 77th birthday. Happy Birthday. (Source: New York Times)
So what happens now? Special council Jack Smith has said he wants a "speedy trial" which in the Southern Florida district could mean as soon as 70 days after the arraignment, or August 22nd, the day before the first Republican primary debate. However, most experts agree that it will take much longer than that. Trump's team will want to slow the case to a crawl and are expected to unleash a "flurry of motions and challenges to delay" the trial, according to Axios. As of now, there's no schedule set for when those motions and challenges will begin. The only date currently known is June 27th, when Walt Nauta will enter his plea (he did not have a local lawyer, so his plea was delayed, though he did appear with Trump at the arraignment). (Source: Axios)
Of course, there's also the potential of a third indictment of Donald Trump later this summer when Fulton County Georgia District Attorney Fani Willis is expected to announce whether she is prosecuting Trump and others for meddling in the 2020 election in Georgia. In a statement issued Wednesday, the DAs office said, "The federal indictments will not have any impact on the Fulton County election investigation." Hold onto your butts, because this hot indictment summer isn't over yet. (Source: Atlanta Journal-Constitution)
What's coming next: Well, almost certainly we'll have more of a sense of timing for the federal trial of Donald Trump. And we'll know what's happening in Georgia in late July or early August. And in the New York trial, Trump's defense has until August 29th to file any motions. Plus, you know, there's also a Jack Smith-run federal investigation into Trump's involvement in 2020 election hijinks and the January 6th insurrection that is still moving forward. Wheeeeee.
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Well now I'm tracking two indictments with a third likely on the way. What... fun? Sure, let's go with that. I'm certainly happy to be on this ride with all of you. Your support means a lot.
Speaking of support, if you want to check out something I'm working on that's entirely different, I'd love to direct you to Question Mark, Ohio, the sprawling, ambitious storytelling project myself and novelist Joe Meno have embarked on. It's a story about how a town navigates its way through change, and it's surreal and funny and spooky and takes place in real time across the internet. I love it so much. There's even a newsletter and you can sign up on the town website.
OK, back to the indictment: if this update was helpful to you, it's probably helpful to someone else, so send people to indictment.fyi/signup and they can start getting this newsletter too Thanks for spreading the word.
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I'm glad you're here, and I'm glad to be back,
Dan