Donald Trump’s valet, Walt Nauta, revealed to investigators that in 2022, he randomly selected boxes of documents to send back to the National Archives. Additionally, Trump himself instructed that numerous other boxes found at Mar-a-Lago should not be returned. These details were disclosed in court filings that have recently been made public.
These court documents, which CNN has examined, provide new insights into the significant role played by Walt Nauta. He is now a co-defendant with Trump in a case involving classified documents. Nauta's actions helped justify the FBI's decision to conduct a search at the former president's Florida resort.
Nauta testified to a grand jury two months before the August 2022 search about boxes he took from Mar-a-Lago’s storage room in January 2022.
Former President Donald Trump, left, and Special Counsel Jack Smith.
Former President Donald Trump, left, and Special Counsel Jack Smith.
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When a grand juror asked Nauta if he would simply select some from the top, Nauta confirmed with a "yes," as revealed in a recently unsealed transcript and unredacted FBI search warrant affidavit.
During the selection of boxes for Trump to examine before sending them back to the Archives, Nauta mentioned that Trump indicated, "okay, that's it."
Nauta's account was supported by a second witness, whose identity remains confidential. Both individuals stated that Trump instructed not to provide the National Archives with any more boxes.
The recently unsealed filings reveal that investigators interviewed numerous witnesses and gathered information about the operations at Mar-a-Lago and Trump's White House. This information was not initially included in the charges against Trump and Nauta, but could be used as evidence in a trial. Specifically, the filings shed light on how the FBI became aware of additional boxes at Trump's club that likely contained classified records.
Trump, along with Nauta and Carlos De Oliveira, has been charged by special counsel Jack Smith for mishandling national security records and trying to obstruct justice. They have all pleaded not guilty and a trial date is pending. Nauta's grand jury testimony may be used as evidence against Trump during the trial.
The unredacted Mar-a-Lago search warrant affidavit and Nauta's grand jury testimony have been revealed in court documents. These were included as part of the challenges Trump and Nauta are presenting against Smith's case.
Nauta, who initially cooperated with the special counsel but later stopped, is now claiming that he was unfairly targeted. He believes he was prosecuted selectively and vindictively because he refused to testify again unless certain conditions were met. This information is based on court documents that are still under review by the judge.
Nauta’s attorney chose not to provide a comment for this story. Similarly, Trump’s attorneys, who are actively involved in his defense in the ongoing Manhattan criminal trial concerning hush money payments, also opted not to comment.
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Nauta's grand jury testimony may play a significant role in a potential trial involving Trump. Even if Nauta decides not to testify, prosecutors might still use his grand jury statements about Trump during the trial.
The investigation into mishandling classified information started when the Archives examined 15 boxes taken from Mar-a-Lago and discovered sensitive government records inside them.
In June 2022, Trump's lawyers responded to a subpoena requesting all documents with classified markings from the resort by providing an envelope of materials. One of his attorneys confirmed that they had thoroughly searched the boxes to locate these documents.
In the affidavit submitted for the Mar-a-Lago search weeks later, investigators highlighted what Justice Department and FBI officials saw at the resort during their visit. They also mentioned statements from Nauta and another witness to support their conclusion that there were more than the 15 boxes of sensitive Trump White House records that had been retrieved by the National Archives.
According to the FBI, the statements provided by the witnesses suggested that the selection of boxes to be returned to the National Archives was done randomly. It was also mentioned that Trump himself had instructed that several additional boxes should not be returned.
Walt Nauta, who served as personal aide to former U.S. President Donald Trump, was seen arriving at the Alto Lee Adams Sr. U.S. Courthouse in Fort Pierce, Florida on August 10, 2023.
Marco Bello/Reuters/File
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Nauta, referred to as "Witness 5" in the warrant, was informed that he would receive a pardon in a second term, according to notes in his FBI interview. To identify Nauta, one can compare the affidavit to the transcript of his June 2022 grand jury appearance, recently unsealed, and other details revealed in the criminal proceedings.
The FBI stated in the affidavit that Nauta and others moved fifteen boxes from the storage room to the entrance of the former President of the United States' personal living area at Mar-a-Lago. This was done so that Trump could personally go through the contents of the boxes. (FPOTUS stands for "former President of the United States.")
The FBI agent explained to the court that although there were more boxes belonging to the former President, Trump did not review them before they were picked up by the National Archives and Records Administration (NARA).
The Justice Department requested surveillance footage from the Trump Organization at Mar-a-Lago right after Nauta testified before the grand jury. The footage showed Nauta handling boxes at the resort before and after a Trump attorney was supposed to check them for classified material that was part of the investigation.
The FBI shared with the court that their analysis of the footage revealed that "Witness 5" had moved over 60 boxes from Mar-a-Lago's storage room but only brought back less than half of them before the attorney's examination of the boxes in that room.
Nauta is trying to get rid of evidence from his phone and email accounts. After he testified before the grand jury, he decided to switch lawyers and now has one from Trump's circle.
Stanley Woodward, the new attorney, rejected a request from prosecutors for Nauta to return to the grand jury for further testimony. This was because prosecutors did not agree to allow Nauta to testify under conditions that would protect him from potential charges, as noted in the court record.
In a different set of documents filed in the Florida federal court case, Nauta is also seeking US District Judge Aileen Cannon's intervention to exclude evidence obtained by prosecutors from searches of his phone and email accounts. Nauta argues that the FBI misrepresented his statements to the grand jury in warrant affidavits to falsely claim that he had lied during the investigation.
Nauta argues that the subpoena was not valid and he was unaware that moving the boxes was connected to the subpoena's requests.
The special counsel's office stated in a court document that Nauta's denial of the affidavits is not believable.
Federal prosecutors recently informed a judge that they will keep releasing new versions of the Mar-a-Lago search documents as they reveal more information in the criminal case. CNN's Hannah Rabinowitz also contributed to this report.
Editor's P/S:
The unsealed court documents in the Mar-a-Lago classified documents case shed new light on the role of Donald Trump's valet, Walt Nauta, and the extent of Trump's involvement in withholding sensitive government records. Nauta's testimony reveals a pattern of obstruction, with Trump instructing not to return additional boxes to the National Archives and Nauta randomly selecting boxes for transfer. These actions highlight the seriousness of the investigation and the potential consequences Trump and Nauta may face.
The ongoing legal battle, including Nauta's attempts to suppress evidence and the special counsel's opposition, underscores the significance of this case. The unredacted search warrant affidavit and Nauta's grand jury testimony provide crucial details about the mishandling of classified information and the ongoing efforts to obstruct justice. The outcome of this case will have implications for the rule of law and the accountability of former government officials.