According to transcripts of audio notes reviewed by ABC News, Donald Trump had expressed concerns in private about the potential criminal charges he could face if he turns over classified documents in his possession after receiving a subpoena in May 2022. Additionally, he has been accused by prosecutors of repeatedly attempting to persuade his lawyers to lie and eliminate documents for his benefit.
According to prosecutors, Trump didn’t comply with the subpoena and instead chose to conceal numerous classified documents from his lawyers. As a result, federal agents had to execute a search warrant at Trump’s Mar-a-Lago estate in August 2022 and seized a total of 102 classified documents, which included 17 top secret documents.
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Last year, ABC News reported on the notes that are currently at the center of a legal dispute in the case concerning the former president’s federal classified documents. These notes contain detailed accounts of Trump’s behavior and statements, which prosecutors are using as crucial evidence to prove that he attempted to obstruct justice by concealing documents from investigators.
During Thursday’s hearing, Judge Aileen Cannon refrained from commenting on the admissibility of the notes. However, she did mention that the morning session included a discussion of the “presumptively privileged material”, which remained under seal.
According to notes taken by former lead attorney Evan Corcoran, which prosecutors have cited in their case against former President Trump, he blamed his legal issues on his “political enemies” and was hesitant to allow the inspection of boxes that contained numerous classified documents. Additionally, prosecutors believe that Trump engaged in behavior aimed at “corrupting” his attorneys by hiding his alleged possession of classified documents. These revelations came to light two months prior to the search of Mar-a-Lago by agents.
According to records reviewed by ABC News, Trump asked his attorneys in May 2022 about the possibility of the Department of Justice using additional documents against him. He raised concerns that if they were to provide the documents, the DOJ may use it as a basis for criminal liability or to paint a negative image of him in the press. Corcoran’s notes reflect that Trump was questioning whether or not they should withhold the documents to avoid any potential legal consequences.
According to notes taken by Corcoran, Trump raised concerns about prosecutors potentially “opening up new fronts against him,” and asked his attorneys if it would be better if there were no documents.
When ABC News reached out to Steven Cheung, spokesperson for the Trump campaign, he accused prosecutors of lying and illegally leaking material, but didn’t provide any evidence to support his claims.
Cheung believes that the documents case was a political fraud right from the start and should be completely dismissed.
The special counsel’s office spokesperson opted not to provide any comments on the matter.
According to a court filing, prosecutors have claimed that Trump tried to involve Corcoran in his corrupt scheme by proposing that he should provide false information to the FBI. Trump allegedly asked Corcoran to deny that he possessed any classified documents, or to hide or destroy them instead of handing them over to the authorities.
According to a recent filing by prosecutors, Trump attempted to involve his attorney in his illegal activity, gauged his attorney’s willingness, and then coerced his attorney to carry out his illegal objectives when his initial attempts failed.
Last year, Trump entered a plea of not guilty to a 40-count indictment that was connected to his handling of classified materials. Prosecutors alleged that he repeatedly declined to return hundreds of documents containing classified information and took measures to prevent the government from retrieving the papers. Trump refuted all accusations and condemned the investigation as a political witch hunt.
Last year, a federal judge in Washington D.C. ruled that the notes from Trump’s lawyer were not protected by attorney-client privilege. Despite defense lawyers’ repeated arguments, the judge determined that the notes could be used as evidence, especially after prosecutors showed that Trump intentionally misled his attorneys in the commission of a crime. This move effectively pierced the attorney-client privileges invoked by two of his lawyers.
‘I don’t want anybody looking through my boxes’
In an effort to preserve his exchanges with former President Trump, Corcoran recorded multiple audio recordings. Among these recordings was a meeting with Trump on May 23, 2022, during which they discussed Corcoran’s response to a subpoena for any classified documents housed at Mar-a-Lago.
In the initial meeting with Trump and lawyer Jennifer Little, Trump showcased a box containing his collection of newspaper clippings, photos, Post-it notes, and other materials. The meeting lasted for around one and a half hours.
As per the notes included in the indictment against Trump, he was heard saying, “I don’t want anybody looking through my boxes, I really don’t. I don’t want you looking through my boxes. Look, I just don’t want anybody going through these things.”
According to Corcoran, his main focus was on Trump’s response to the subpoena, but the former president kept returning to the idea that he was being targeted by his political rivals.
According to Corcoran, the individual expressed multiple times that they believed they were specifically singled out. “He felt like he was genuinely being targeted,” Corcoran recalled.
During a boastful moment about his administration, Trump acknowledged having ten different actions against him, claiming that he is being targeted by ruthless individuals. He went on to list his accomplishments, including improving the economy, lowering taxes, building a wall, among other things.
During the conversation, Corcoran made an effort to redirect the discussion towards the boxes and cautioned the ex-president regarding the potential legal ramifications of failing to comply with the subpoena.
In a section of the indictment, it was revealed that Trump inquired, “What if we simply choose not to respond or cooperate with them?” This statement suggests that Trump was considering avoiding any involvement in the matter at hand.
Corcoran responded by acknowledging the possibility that the authorities could obtain a search warrant from a judge and conduct a search at the location in question.
During their meeting, Corcoran reported that Trump asked multiple times if it would be more effective to simply state that they had nothing at the location.
In an interview with Smith’s team, Little confirmed Corcoran’s account of the meeting, stating that she made it clear to Trump about the gravity of the subpoena and explicitly warned him that non-compliance would be considered a crime. Little recalled emphasizing the severity of the situation and stressed the importance of complying with the subpoena.
Trump spoke about the subpoena for over an hour before ending the meeting to attend several interviews. He planned to reconvene with the attorneys in the afternoon. During the meeting, Trump joked with the attorneys, noting that they were both single, and suggested they take a walk along the beach, adding “maybe … sparks will fly.” according to Corcoran.
As they waited poolside at Mar-a-Lago for their next meeting with Trump, Little cautioned Corcoran that if they pushed Trump to comply with the subpoena, based on her conversation with two other Trump attorneys, “he’s just going to go ballistic,” as Corcoran recounted.
According to Corcoran’s notes, Little mentioned firmly that he would not agree to anything and would deny the existence of any additional boxes.
‘Isn’t it better if there are no documents?’
According to Corcoran, in the afternoon of May 23, 2022, Trump met with Corcoran and Little in a small library at Mar-a-Lago. The former president directed them to leave their phones outside the room before the meeting.
During the meeting, Trump and Corcoran sat facing each other, with only a small table separating them. Trump inquired about the potential legal ramifications of complying with the subpoena, all while expressing his concerns that the prosecutors were determined to find a way to get him.
In his defense, Trump attributed the investigation to his “political enemies” who aimed to undermine his position and discourage him from running for president. He acknowledged the need to determine the appropriate course of action to address the investigations and expressed concern that prosecutors would continue to initiate new investigations against him.
As per Corcoran’s records, Trump voiced apprehensions that complying with the subpoena and providing “further documents” could potentially lead to criminal charges.
According to Corcoran, the person asked once more, “Isn’t it better if there are no documents?”
During their meeting, Corcoran reported that Trump reiterated multiple times that a lawyer for Hillary Clinton had deleted all of her emails to prevent her from getting into trouble.
According to the notes, Trump commended the lawyers saying, “He was great, he did a great job.”
According to prosecutors, Trump allegedly tried to gauge Corcoran’s willingness to avoid the subpoena during their meetings with lawyers. However, the meeting ultimately ended with a plan for Corcoran to go back to Mar-a-Lago and sift through the boxes to find documents that relate to the subpoena.
According to the notes, Trump repeated the proposed plan several times, saying that he understood the request to be for someone to go through any classified documents and retrieve them. “So, if I’m understanding you correctly, you want me or someone else to locate any classified documents, is that the plan you’re proposing?” Trump asked.
According to the notes, Trump reassured his team that they would find a solution. He instructed them to carefully review the documents and to ensure any classified materials were sent to the Department of Justice.
The prosecutors claim that Trump’s proposal was turned down by Corcoran, which led the former president to come up with a new plan. He allegedly deceived his lawyer by having his co-defendant and “trusted body man,” Walt Nauta, move the boxes from the storage room in Mar-a-Lago. This was done to prevent Corcoran from carrying out a thorough search.
According to prosecutors, during the period between the May 23 meeting with Trump and Corcoran’s June 2 examination of the boxes at Mar-a-Lago, Trump orchestrated the removal of 64 boxes from the storage room to his personal residence, where he intended to “handpick” from them. Text messages exchanged between Nauta and a member of the Trump family support this claim. When Corcoran came back to Mar-a-Lago to inspect the boxes, he discovered that only around 30 of the 64 boxes that Nauta had moved were brought back for the search.
‘Don’t call me with any bad news’
During a hot and humid day in June, Corcoran painstakingly sifted through boxes in a cramped storage room. Despite the laborious and unpleasant task, Corcoran revealed that the contents of the boxes provided valuable insights into Trump’s state of mind during his presidency. The boxes contained numerous items, including thousands of Post-it notes, magazines, emails with senators and heads of state, books, notebooks, and briefing materials.
Corcoran expressed in his notes that had a renowned presidential biographer like Robert Caro been in his position, they would have been delighted.
According to Corcoran, the boxes contained a strange mix of items ranging from presidential memorabilia and MAGA hats to clothing, including undergarments and socks, and even toiletries like mouthwash, toothpaste, and razors. The boxes were sealed with white duct tape, and each had a typed note specifying its intended destination, such as “W-H to M-A-L.”
Corcoran noted that Trump’s portrayal of the boxes’ contents implied that they had become a repository for all the materials he had been reviewing day after day in the White House residence.
According to Trump, he had to go through briefing memos, notes, and emails at night to prepare for the calls or meetings scheduled for the next day. He kept a lot of boxes in his bedroom and would read through the information before tossing it in the boxes. “I had to read these things at night so that I could be ready. That’s the only time I could read something, and I had to read them so I could be ready for calls or meetings the next day,” Trump shared with Corcoran.
During his conversation with Corcoran, Trump stated that he had instructed others to declassify any documents that were brought into his residence. However, he also seemed to acknowledge that the act of bringing the documents into his residence did not automatically result in their declassification.
According to Corcoran, he gestured humorously, implying that if there was anything unpleasant in the documents, the recipient should remove it. “Why don’t you take them with you to your hotel room and if there’s anything really bad in there, like, you know, pluck it out,” Corcoran recalled, describing the gesture made by the individual. However, he did not explicitly state those words.
Corcoran arranged for FBI agents and Jay Bratt, who was then the deputy chief of the Department of Justice’s National Security Division, to visit Mar-a-Lago the next day and take possession of the relevant documents.
According to notes taken by Corcoran, Trump made a frantic call to her on the morning of the federal officials’ visit.
According to the notes, Trump expressed concern and frustration by saying, “That’s terrible. What do they want? Why are they trying to target me again?”
Although Corcoran emphasized that the meeting was a regular step that he had arranged, Trump still voiced worry, stating that “this is very bad” and showing particular interest in Bratt’s presence at the meeting.
Trump questioned the reason behind the top guy’s visit, finding it to be very unusual. Corcoran observed that Trump’s tone regarding the meeting seemed to alter throughout the day.
Corcoran reveals that Trump went against his advice and urged to show Bratt and FBI agents the storage room where the documents were kept. As per the prosecutors, although 38 marked classified documents were returned after Corcoran’s search, Trump still had 102 classified documents in Mar-a-Lago. This was partly due to his attempt to conceal them from Corcoran when he tried to comply with the subpoena. Federal agents discovered these documents when they returned to Mar-a-Lago with a search warrant two months later.
In June, Trump assured Corcoran that he had no secrets to hide and instructed him to show them whatever they asked for. He emphasized his transparency regarding any inquiries.
In the afternoon, Trump entered the meeting room where Corcoran was giving the classified documents to federal officials. He personally greeted Bratt and the FBI agents by shaking their hands.
Corcoran reported that Trump expressed gratitude towards the individual and acknowledged their efforts, stating “I’m glad you’re here. I appreciate what you’re doing.” Additionally, Trump assured the individual that if they required any assistance, they need only ask Evan.
During the course of the day, Corcoran received a phone call from Trump, who was en route to New Jersey for the summer while onboard his plane.
According to the notes, Trump instructed Evan not to contact him with any negative updates as they were about to depart. “Well, we’re taking off. But listen, Evan, please refrain from calling me with any bad news, okay? Don’t call me with any bad news,” Trump stated.
