50. On February 9, 2022, NARA referred the discovery of classified documents in TRUMP’s boxes to the Department of Justice for investigation.
The FBI and Grand Jury Investigations
51. On March 30, 2022, the FBI opened a criminal investigation.
52. On April 26, 2022, a federal grand jury opened an investigation.
The Defendants’ Concealment of Boxes
53. On May 11, 2022, the grand jury issued a subpoena (the “May 11 Subpoena”) to The Office of Donald J. Trump requiring the production of all documents with classification markings in the possession, custody, or control of TRUMP or The Office of Donald J. Trump. Two attorneys representing TRUMP (“Trump Attorney 1” and “Trump Attorney 2”) informed TRUMP of the May 11 Subpoena, and he authorized Trump Attorney 1 to accept service.
54. On May 22, 2022, NAUTA entered the Storage Room at 3:47 p.m. and left approximately 34 minutes later, carrying one of TRUMP’s boxes.
55. On May 23, 2022, TRUMP met with Trump Attorney 1 and Trump Attorney 2 at The Mar-a-Lago Club to discuss the response to the May 11 Subpoena. Trump Attorney 1 and Trump Attorney 2 told TRUMP that they needed to search for documents that would be responsive to the subpoena and provide a certification that there had been compliance with the subpoena. TRUMP, in sum and substance, made the following statements, among others, as memorialized by Trump Attorney 1:
a. I don’t want anybody looking, I don’t want anybody looking through my boxes, I really don’t, I don’t want you looking through my boxes.
b. Well what if we, what happens if we just don’t respond at all or don’t play ball with them?
c. Wouldn’t it be better if we just told them we don’t have anything here?
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