Tuesday, June 13, 2023

read the indictment

 


In a documentary about Bob Weir, the Grateful Dead guitarist was picking up things in his home and speaking to the camera about them.  In a fleeting thought I wondered--'He is showing us his stuff--why is he doing this?'

But then I decided, Yes, wait a minute, that works--he's telling part of his story using objects as a jumping-off point...a guitar; a Grammy award....


Similar to Jackie Kennedy's televised tour of the White House in 1962, where she told stories from White House history, and described elements of the restoration project, starting with objects -- tables, chairs, sofas, sculptures, paintings, engravings, a desk, a piano....


And Donald Trump has objects telling a story in his New York office.

---------------- [excerpt from Michael Cohen's 2020 memoir] --------------------- ...As I surveyed the office, an homage to Trump, with a vanity wall boasting scores of magazine covers with Trump's image, along with shelves packed with glass awards and deal  mementoes and sports memorabilia, including a garish and glittering version of Mike Tyson's heavyweight world champion belt.... [end / excerpt] ----------------------

________________________________


("The Indictment" - Continued)


8. 

As a result of TRUMP's retention of classified documents after his presidency and refusal to return them, hundreds of classified documents were not recovered by the United States government until 2022, as follows:


        a.

On January 17, nearly one year after TRUMP left office, and after months of demands by the National Archives and Records Administration for TRUMP to provide all missing presidential records, TRUMP provided only 15 boxes, which contained 197 documents with classification markings.


        b.

On June 3, in response to a grand jury subpoena demanding the production of all documents with classification markings, TRUMP's attorney provided to the FBI 38 more documents with classification markings.


        c.

On August 8, pursuant to a court-authorized search warrant, the FBI recovered from TRUMP's office and a storage room at The Mar-a-Lago Club 102 more documents with classification markings.


TRUMP's Co-Conspirator


9.

Defendant NAUTA was a member of the United States Navy stationed as a valet in the White House during TRUMP's presidency.  Beginning in August 2021, NAUTA became an executive assistant in The Office of Donald J. Trump and served as TRUMP's personal aide or "body man."  NAUTA reported to TRUMP, worked closely with TRUMP, and traveled with TRUMP.


The Mar-a-Lago Club


10.

The Mar-a-Lago Club was located on South Ocean Boulevard in Palm Beach, Florida, and included TRUMP's residence, more than 25 guest rooms, two ballrooms, a spa, a gift store, exercise facilities, office space, and an outdoor pool and patio.  As of January 2021, The Mar-a-Lago Club had hundreds of members and was staffed by more than 150 full-time, part-time, and temporary employees.


11.

Between January 2021 and August 2022, The Mar-a-Lago Club hosted more than 150 social events, including weddings, movie premieres, and fundraisers that together drew tens of thousands of guests.


12.

The United States Secret Service (the "Secret Service") provided protection services to TRUMP and his family after he left office, including at The Mar-a-Lago Club, but it was not responsible for the protection of TRUMP's boxes or their contents.  TRUMP did not inform the Secret Service that he was storing boxes containing classified documents at The Mar-a-Lago Club.


Classified Information


13.

National security information was information owned by, produced by, produced for, and under the control of the United States government.  Pursuant to Executive Order 12958, signed on April 17, 1995, as amended by Executive Order 13292 on March 25, 2003, and Executive Order 13526 on December 29, 2009, national security information was classified as "TOP SECRET," "SECRET," or "CONFIDENTIAL," as follows:


        a.

Information was classified as TOP SECRET if the unauthorized disclosure of that information reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority was able to identify or describe.


        b.

Information was classified as SECRET if the unauthorized disclosure of that information reasonably could be expected to cause serious damage to the national security that the original classification authority was able to identify or describe.


        c.

Information was classified as CONFIDENTIAL if the unauthorized disclosure of that information reasonably could be expected to cause damage to the national security that the original classification authority was able to identify or describe.


14.

The classification marking "NOFORN" stood for "Not Releasable to Foreign Nationals" and denoted that dissemination of that information was limited to United States persons.


15.

Classified information related to intelligence sources, methods, and analytical processes was designated as Sensitive Compartmented Information ("SCI").  

        SCI was to be processed, stored, used, or discussed in an accredited Sensitive Compartmented Information Facility ("SCIF"), and only individuals with the appropriate security clearance and additional SCI permissions were authorized to have access to such national security information.


16.

When the vulnerability of, or threat to, specific classified information was exceptional, and the normal criteria for determining eligibility for access to classified information were insufficient to protect the information from unauthorized disclosure, the United States could establish Special Access Programs ("SAPs") to further protect the classified information.


The number of these programs was to be kept to an absolute minimum and limited to programs in which the number of persons who ordinarily would have access would be reasonably small and commensurate with the objective of providing enhanced protection for the information involved.

        Only individuals with the appropriate security clearance and additional SAP permissions were authorized to have access to such national security information, which was subject to enhanced handling and storage requirements.


17.

Pursuant to Executive Order 13526, information classified at any level could be lawfully accessed only by persons determined by an appropriate United States government official to be eligible for access to classified information and who had signed an approved non-disclosure agreement, who received a security clearance, and who had a "need-to-know" the classified information.  After his presidency, TRUMP was not authorized to possess or retain classified documents.

_______________________________


("The Indictment" - to be continued)


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