Donald Trump has been indicted on 37 felony counts in an historic case - including charges of taking and storing secret nuclear program files and describing a Pentagon "plan of attack" to others, unsealed documents show.
The former President faces over three dozen counts related to retaining classified information, obstructing justice and false statements in an historic indictment - potentially putting the US's national security at risk.
According to count three in the indictment, Trump is accused of storing "information regarding defence and weapons capabilities of both the United States and foreign countries".
It alleges Trump kept classified documents in the bathroom and shower at his Florida estate, as well as various other locations that included a ballroom, storeroom, office and bedroom.
In addition, the documents also included "United States nuclear programs, potential vulnerabilities of the US and its allies to military attack" and "plans for possible retaliation" in response to a foreign attack.
Count three also stated: "The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods.”
The indictment accuses the former president of showing "classified documents to others" on two occasions.
One occurred in a meeting with a writer at his Trump National Golf Club in Bedminster, New Jersey, where he described federal officials' "plan of attack" against him and purportedly acknowledging that he knew the information "is still a secret."
In a later meeting with a representative from his political action committee, Trump displayed "a classified map related to a military operation," acknowledging he "should not be showing it to the representative and that the representative should not get too close," prosecutors said.
In the next paragraph, prosecutors note how Trump, at a press conference while president in 2017, addressed media leaks and said that leaking classified information is "an illegal process" and that people involved "should be ashamed of themselves."
He said the document was "prepared for him by the Department of Defence and a senior military official."
Trump said the plan was "highly confidential", "secret" and also added "as president I could have declassified it". "Now I can't, you know, but this is still a secret," the indictment states Trump bragged.
There are 38 total counts, with 37 against Trump and the one additional count is against his aide Walt Nauta.
The indictment alleges that Nauta acted “at Trump’s direction” to move move “approximately 64 boxes” of documents from the Mar-a-Lago storage room to the former president’s residence.
Mr Nauta’s actions occurred between May 23, 2022, and June 2, 2022.
That total includes “approximately 30 boxes” Nauta allegedly moved on June 2, the same day Trump’s legal team was expected to examine the cache.
Mr Nauta’s actions that day came hours after he talked briefly via phone with Trump, prosecutors allege.
Neither Trump nor Nauta, according to the indictment, disclosed to the former president’s lawyer that Nauta had moved any of the storage room contents.
According to prosecutors’ timeline, Trump met later that day with one of his attorneys and Nauta escorted the attorney to the storage room for his review of the documents.
The 49-page indictment states boxes of documents were stored all across Trump's home in Mar-a-Lago including in "a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room."
Among the charges, he faces 31 counts of wilful retention of national defence under the Espionage Act.
It marks the Justice Department's first official confirmation of a criminal case against Mr Trump arising from the retention of hundreds of documents at his Florida home, Mar-a-Lago.
The charges are:
- 31 counts of wilful retention of national defense information
- One count of conspiracy to obstruct justice
- One count of withholding a document or record
- One count of corruptly concealing a document or record
- One count of concealing a document in a federal investigation
- One count of scheme to conceal
- One count of false statements and representations
President Joe Biden is steadfastly refusing to comment on Trump's indictment and says he has not spoken to attorney general Merrick Garland about it, as the White House continues to shy away from the political implications of the case.
Traveling in North Carolina on Friday, Biden said of Garland shortly after the indictment against Trump was unsealed and released to the public, "I have not spoken to him at all. I'm not gonna speak to him."
The president added, "I have no comment on what happened" and repeated similar replies when pressed.
Trump is the early front-runner in the Republican presidential primary for the right to challenge Biden, who is seeking re-election.
At least one of Trump's rivals, meanwhile, doesn't think the case should prompt the former president to bow out of the primary race.
Mike Pence, who was Trump's vice president, was asked by a reporter while campaigning at a diner in Derry, New Hampshire, if Trump should suspend his campaign and replied, "No."
"I think any consideration of that is premature," Pence said. "Everyone is innocent until proven guilty in America. I think the former president has a right to make his defence."
