Washington — The Protection Division memo on Iran — on the coronary heart of the now-public audio recording that captured a July 2021 assembly with former President Donald Trump — shouldn’t be a part of the 31 counts of willful retention of nationwide protection data charged in particular counsel Jack Smith’s indictment of the previous president, a supply acquainted with the matter confirmed to CBS Information.
Within the recording of the assembly at Trump’s Bedminster, New Jersey golf membership, the previous president will be heard apparently exhibiting and discussing what he described as “extremely confidential, secret” paperwork with aides. Sources say the paperwork have been associated to plans for a possible U.S. assault on Iran.
“It’s like extremely confidential, secret. That is secret data. Look, have a look at this,” Trump mentioned within the audio tape obtained by CBS Information. “See, as president I might have declassified, however now I am unable to, you recognize…Is not that attention-grabbing? It is so cool.”
The doc and recording are described within the indictment Smith’s workforce secured in opposition to Trump earlier this month, recounted as an alleged assembly with “a author, a writer, and two members of” Trump’s workers, “none of whom possessed a safety clearance.”
However in accordance with a supply acquainted with the matter, Trump was not charged with unlawfully holding onto the Iran-related doc mentioned within the recording.
Smith’s 37-count indictment in opposition to Trump contains 31 expenses of willfully retaining nationwide protection data. It typically outlines every of the 31 categorized data that prosecutors allege Trump illegally saved, with out naming the precise material. The Iran memo shouldn’t be a part of the record of the 31 data within the indictment, the supply mentioned.
All through the years-long federal investigation into Trump’s White Home data, investigators have collected greater than 300 paperwork with categorized markings on them — together with 103 seized through the execution of a search warrant at Trump’s Florida residence final yr.
A number of sources acquainted with the investigation beforehand advised CBS Information that protection attorneys weren’t sure the Iran memo in query was ever recovered and returned to the federal government. Nonetheless, the 2021 incident is one in all two situations referenced within the indictment, wherein Smith describes Trump allegedly exhibiting nationwide protection data to people with out correct clearance.
Trump will be heard within the audio apparently acknowledging he had a delicate document after he left workplace and now not had the ability to declassify it.
On Tuesday, Fox Information requested Trump in regards to the recording and he insisted he “did nothing mistaken.”
“My voice was advantageous,” Trump advised Fox Information. “What did I say mistaken in these recordings? I did not even see the recording. All I do know is I did nothing mistaken. We had a variety of papers, a variety of papers stacked up. In reality, you would hear the rustle of the paper. And no one mentioned I did something mistaken.”
And in one other interview, Trump advised Semafor and ABC Information that he didn’t have any delicate data, calling his dialogue captured on the recording “bravado.” “I simply held up a complete pile of — my desk is loaded up with papers. I’ve papers from 25 various things,” he mentioned.
The existence of the audio tape and the July 2021 assembly was first reported by CNN, which was additionally first to acquire a recording of the dialogue.
Sources acquainted with the matter mentioned that the dialogue of the allegedly categorized doc arose as Trump was speaking about Chairman of the Joint Chiefs Mark Milley, who had been portrayed in a narrative in The New Yorker as having fought within the final days of the Trump administration to maintain the president from attacking Iran.
Within the recording of the assembly, the previous president tells these with him the doc discredited any criticism in opposition to him.
Smith’s workplace declined to remark.
Earlier this month, Trump pleaded not responsible to a complete of 37 counts, which included conspiracy to hinder justice. Prosecutors allege he and an aide, Waltine Nauta, labored to maneuver packing containers containing categorized data all through Trump’s Mar-a-Lago resort.
Nauta was set to be arraigned in a Miami federal court docket on Tuesday, however flight troubles and problem securing native authorized counsel delayed the listening to till subsequent week.