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Biden is determined to say as little as possible about Trump’s indictment

By ZEKE MILLER, White House Correspondent
Published: June 13, 2023, 9:44am

WASHINGTON (AP) — It’s rare for the leader of the free world to be rendered silent, but President Joe Biden is clearly determined to say as little as possible about his predecessor Donald Trump’s federal indictment.

Biden’s White House dodges questions about the matter. His campaign doesn’t respond to them. And Biden himself wants nothing to do with it. “I have no comment on what happened,” he told reporters Friday while in Rocky Mount, North Carolina.

The reticence reflects the precarious and unprecedented situation in which Biden finds himself: Just as Trump is the first former president to be charged by the federal government, Biden is the first incumbent to have his own administration indict his chief political rival.

While hardly unforeseen, Trump’s indictment brought a fresh round of reminders throughout Biden world that the president does not want to be drawn into the drama with commentary of any sort. He’s wary of providing fodder for Trump and his allies’ efforts to portray the Justice Department as engaged in a politically motivated prosecution.

A timeline of events leading to Donald Trump's indictment in the classified documents case

The 49-page federal indictment of former President Donald Trump lays out a stunning timeline of events, detailing allegations that he not only mishandled sensitive material, but also took steps to hide records and impede investigators.

Here are some of the key events leading to the 37 criminal charges against Trump, according to the indictment:

Jan. 20, 2021: As Trump leaves the White House, he directs the movement of dozens of storage boxes to Mar-a-Lago, prosecutors say. The boxes, packed by Trump and his White House staff, contain newspaper clippings, letters, photos and other mementos from his time in office, but also hundreds of classified documents that, as a former president, he wasn't authorized to have.

Under the Presidential Records Act, presidential records are considered federal, not private property and must be turned over to the National Archives and Records Administration. Multiple federal laws govern the handling of classified and sensitive documents, including statutes making it a crime to remove such material and keep it at an unauthorized location.

After Jan. 20, 2021: Some boxes brought from the White House are stored on a stage in one of Mar-a-Lago’s gilded ballrooms. A photo in the indictment shows boxes stacked on a stage.

March 15, 2021: Boxes are moved from the ballroom to the business center at Mar-a-Lago.

April 2021: Some boxes are moved into a bathroom and shower. A photo included in the indictment shows them stacked next to a toilet, a vanity and a trash can.

May 2021: Trump directs employees to clean out a storage room in a highly accessible area on Mar-a-Lago’s ground floor so it can be used to store his boxes, the indictment says. Trump also directs that some boxes be brought to his Bedminster, New Jersey, summer residence.

On or about May 6, 2021: Realizing that some documents from Trump's presidency may be missing, the National Archives asks that he turn over any presidential records he may have kept upon leaving the White House. The agency makes subsequent, repeated demands.

June 2021: The National Archives warns Trump through his representatives that it will refer the matter to the Justice Department if he does not comply.

June 24, 2021: Boxes are moved to the storage room. More than 80 boxes are kept there.

July 21, 2021: Trump allegedly shows a military “plan of attack” that he says is “highly confidential” to a writer interviewing him at his Bedminster property. Trump remarks, “as president I could have declassified it. ... Now I can’t, you know, but this is still a secret,” according to the indictment, citing a recording of the interview.

August or September 2021: Trump allegedly shows a classified map relating to a foreign military operation to a representative of his political action committee at his Bedminster golf course, the indictment says. Trump tells the person that he shouldn’t be showing anyone the map and that the person shouldn't get too close.

November 2021: Trump directs his executive assistant and “body man” Walt Nauta and another employee to start moving boxes from a storage room to his residence for him to review. Nauta is charged in the indictment as Trump’s co-conspirator.

Dec. 7, 2021: Nauta finds that several of Trump’s boxes have fallen, spilling papers onto the storage room floor, the indictment says. Among them is a document with a “SECRET" intelligence marking. According to the indictment, Nauta texts another Trump employee, “I opened the door and found this,” to which the other employee replies, “Oh no oh no.”

Late December 2021: The National Archives continues to demand that Trump turn over missing records from his presidency. In late December 2021, a Trump representative tells the agency that 12 boxes of records have been found and are ready to be retrieved.

January 17, 2022: Trump turns over 15 boxes to the National Archives. According to the indictment, Nauta and another Trump employee load them into Nauta's car and take them to a commercial truck for delivery to the agency.

The boxes are found to contain 197 documents with classified markings, including 69 marked confidential, 98 secret and 30 top secret. Some documents have markings suggesting they include information from highly sensitive human sources or the collection of electronic “signals” authorized by a court under the Foreign Intelligence Surveillance Act.

Feb. 9, 2022: The National Archives refers the matter to the Justice Department after a preliminary review finds the boxes contain numerous classified documents. The special agent in charge of the agency’s Office of the Inspector General writes, “Of most significant concern was that highly classified records were unfoldered, intermixed with other records" and otherwise improperly identified.

Feb. 10, 2022: Trump’s Save America PAC releases a statement insisting the return of the documents had been “routine” and “no big deal.” Trump insists the “papers were given easily and without conflict and on a very friendly basis,” and adds, “It was a great honor to work with" the National Archives "to help formally preserve the Trump Legacy.”

Feb. 18, 2022: In a letter to a congressional oversight committee, the National Archives reveals the boxes contained classified information and confirms the Justice Department referral. Trump’s Save America PAC releases another statement insisting, “The National Archives did not ‘find’ anything,” but “were given, upon request, Presidential Records in an ordinary and routine process to ensure the preservation of my legacy and in accordance with the Presidential Records Act.”

March 30, 2022: The FBI opens its investigation.

April 12, 2022: The National Archives informs Trump that, at the Justice Department's request, it intends to provide the FBI with the 15 boxes he turned over on Jan. 17, 2022. Trump’s representative asks for an extension until April 29.

April 26, 2022: The grand jury investigation begins.

April 29, 2022: The Justice Department asks Trump’s lawyers for immediate access to the 15 boxes, citing national security interests and the need for “an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported.” Trump’s lawyers again ask for an extension, saying they need to review the material to “ascertain whether any specific document is subject to privilege.”

May 10, 2022: The National Archives informs Trump’s lawyers that it will provide the FBI access to the boxes as soon as May 12.

May 11, 2022: A grand jury issues a subpoena to Trump and his office requiring that they turn over all classified materials in their possession.

May 23, 2022: Trump’s lawyers advise him to comply with the subpoena, but Trump balks, telling them, “I don’t want anybody looking through my boxes." Prosecutors, citing notes from one of the lawyers, say Trump wondered aloud about dodging the subpoena, asking his counsel, “Wouldn't it be better if we just told them we don’t have anything here?” and ”isn't it better if there are no documents?"

May 26, 2022: Nauta is interviewed by the FBI and, according to prosecutors, repeatedly lies about his knowledge of the movement of boxes at Mar-a-Lago. Nauta claims he wasn't aware of boxes being brought to Trump’s residence for his review and says he didn't know how boxes turned over to the National Archives got to Trump’s residence.

Nauta also lies when asked whether he knew where Trump’s boxes were stored before they went to his residence and whether they’d been in a secured or locked location, prosecutors say. His reply, according to the indictment: “I wish, I wish I could tell you. I don’t know. I don’t — I honestly just don’t know.”

June 2, 2022: One of Trump’s lawyers returns to Mar-a-Lago to search boxes in the storage room and finds 38 additional classified documents — five documents marked confidential, 16 marked secret and 17 marked top secret. After the search, prosecutors say, Trump asks: “Did you find anything? ... Is it bad? Good?” and makes a plucking motion that the lawyer takes to mean that he should take out anything “really bad" before turning over the papers.

Prior to the search, prosecutors say, Trump had Nauta move 64 boxes from the storage room to his residence. Of those, 30 were moved back to the storage room, leaving 34 boxes in Trump’s residence and out of the lawyer’s sight.

June 3, 2022: FBI agents and a Justice Department lawyer visit Mar-a-Lago to collect the 38 classified documents from Trump’s lawyer. They are in a single accordion folder, double-wrapped in tape. While there, investigators are allowed to go to the storage room, but are “explicitly prohibited” from looking inside boxes, “giving no opportunity" for them “to confirm that no documents with classification markings remained,” according to a court filing.

Trump tells investigations he's “an open book,” according to the indictment. Another Trump lawyer, acting as his custodian of records, provides investigators a sworn certification that prosecutors say falsely claimed they had conducted a “diligent search” of boxes moved from the White House and “any and all responsive documents" were turned over.

Earlier in the day, prosecutors say, some boxes were loaded onto a plane so Trump could take them to Bedminster for the summer.

June 8, 2022: The Justice Department sends Trump’s lawyer a letter asking that the storage room be secured, and that “all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until farther notice.”

July 2022: The grand jury is shown surveillance video of boxes being moved at Mar-a-Lago.

Aug. 5, 2022: The Justice Department applies for a warrant to search Mar-a-Lago, citing “probable cause” that additional presidential records and classified documents were being stored there. U.S. Magistrate Judge Bruce Reinhart approves the application the same day.

Aug. 8 2022: The FBI searches searches Mar-a-Lago, seizing 102 classified documents — 75 in the storage room and 27 in Trump’s office, including three found in office desks.

The Justice Department says in a subsequent court filing that the results call “into serious question" earlier representations by Trump’s legal team that they had conducted a “diligent search” and that no classified documents remained.

Aug. 12, 2022: Reinhart makes public the warrant authorizing the Mar-a-Lago search. The document reveals that federal agents are investigating potential violations of three federal laws, including the Espionage Act.

Aug. 26, 2022: A highly redacted version of the affidavit laying out the FBI’s rationale for searching Mar-a-Lago is made public.

Aug. 30, 2022: After Trump's lawyers request a special master to review the documents for possible executive privilege, the Justice Department responds with a filing that reveals new details about the investigation and a photo of seized documents with marking like “TOP SECRET//SCI” splayed out on a Mar-a-Lago carpet.

March 24, 2023: One of Trump’s lawyers, M. Evan Corcoran, testifies before the Mar-a-Lago grand jury in Washington after being forced to do so by a judge. The Justice Department, in a hugely significant moment in the investigation, succeeded in piercing the attorney-client privilege by arguing that Trump had used Corcoran’s legal services in furtherance of a crime.

June 8, 2023: A grand jury in Miami indicts Trump and Nauta. Trump announces the indictment on his Truth Social platform, calling it “a DARK DAY for the United States of America.” In a video post, he says, “I’m innocent and we will prove that very, very soundly and hopefully very quickly.”

June 9, 2023: The indictment is made public. It shows that Trump is charged with 37 felony counts, including conspiracy to obstruct justice, corruptly concealing a document or record and willful retention of national defense information. Nauta is charged with six counts, including conspiracy to obstruct justice.

Special counsel Jack Smith, who brought the case, makes a brief public statement at his office in Washington, saying: “Our laws that protect national defense information are critical to the safety and security of the United States and they must be enforced. Violations of those laws put our country at risk.”

June 13, 2023: Trump is scheduled to make an initial court appearance at 3 p.m. alongside Nauta at the federal courthouse in Miami.

Eric Dezenhall, a longtime crisis communications consultant, said Biden’s cautious path was prudent.

“There are certain positions you take not because they are persuasive but because they do the least damage,” he said. “Any syllable Biden or the White House team utters will be used in court and politically to validate the witch hunt narrative.”

Biden, who made restoring the independence of the Justice Department a central campaign promise in 2020, now aims to reinforce that principle as both a matter of politics and policy.

“I have never once — not one single time — suggested to the Justice Department what they should do or not do, relative to bringing a charge or not bringing a charge,” Biden said Thursday. “I’m honest.”

Later that evening, the White House said, the president learned of the 37 felony counts filed against Trump by a Miami grand jury through news coverage of Trump’s announcement that he’d been summoned to surrender on Tuesday.

Asked Friday whether he had spoken to Attorney General Merrick Garland about the case, Biden replied curtly.

“I have not spoken to him at all,” he told reporters. “I’m not going to speak to him.”

Further complicating matters for Biden is that he faces his own special counsel probe into classified documents discovered at his home and former office. The circumstances were markedly different: Unlike Trump, Biden voluntarily returned the documents to the federal government.

Meanwhile, the president’s son, Hunter, faces an ongoing Justice Department probe into his finances and the purchase of a firearm while under the influence of illegal substances.

Republicans defending Trump have already sought to accuse Biden of directing the prosecution, and they’re alleging a double standard in how the Justice Department brings cases.

House Speaker Kevin McCarthy calls the Trump indictment a “grave injustice” and has pledged that House Republicans “will hold this brazen weaponization of power accountable.”

The idea that the case has a political slant rings true to nearly half of Americans.

An ABC News/Ipsos poll conducted over the weekend found that 47% of adults believe the charges in the documents case are politically motivated, compared with 37% who say they are not. Still, Americans are also more likely to say Trump should be charged than that he should not, 48% to 35%. Most Republicans said he should not be charged, and 80% of them believe the charges are politically motivated.

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The White House is pushing back against the idea of any political meddling in the prosecution. Aides steadfastly continued to not comment on the case when pressed several times on Monday.

“What I can say — and you’ve heard us say this over and over again — this is a president that respects the rule of law. This is a president that wants to make sure … that the Department of Justice is truly independent,” White House press secretary Karine Jean-Pierre said Monday. “He said that during the campaign he’s restoring certainly the integrity of the Department of Justice. That is something that is important to this president.”

Privately, Biden aides express some satisfaction at Trump’s predicament — and some wish they were free to pile on in highlighting Trump’s alleged crimes and Republicans’ rush to defend him to voters. There’s also frustration that Trump will again steal the national spotlight and a desire to ensure Biden doesn’t get sucked into the maelstrom.

Speaking at a fundraiser Monday evening in New York, first lady Jill Biden ventured where her husband has not, criticizing Republicans for standing by Trump in the face of the indictment.

“My heart feels so broken by a lot of the headlines that we see on the news,” she told donors. “Like I just saw, when I was on my plane, it said 61% of Republicans are going to vote, they would vote for Trump.”

“They don’t care about the indictment. So that’s a little shocking, I think,” she added.

Biden allies have been quietly told to keep a low profile on the matter, and to ensure they don’t inadvertently say something that draws the president into the controversy.

Dezenhall compared the situation to when then-President Richard Nixon commented on the Charles Manson trial and sparked concerns that it would prevent the defendant from getting a fair trial.

“Imagine what would happen if a guy who already has the support of 40% of the country was thought to be suffering a similar fate,” the communications consultant added of Trump. “White Houses are very keen to this kind of thing.”

Said Dezenhall: “As devastating as this prosecution appears to Trump at the moment, we’ve been hearing ‘They got him now’ since 2015. I’m not so sure, and you can bet the smarter Dems aren’t so sure either.“

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