唐纳德·特朗普根据美国广播公司新闻频道(ABC News)查阅的音频笔记的文字记录，他私下表示担心，在2022年5月的传票后交出他所拥有的潜在机密文件可能会导致刑事指控，同时反复参与检察官所说的让他的律师为了他的利益撒谎和销毁文件的努力。
检察官声称，特朗普没有遵守传票，而是选择向自己的律师隐藏数十份机密文件，联邦特工最终查获了102份机密文件，其中包括17份绝密文件执行搜查令2022年8月在特朗普的Mar-a-Lago庄园。
ABC新闻的笔记去年首次报道，是前总统联邦机密文件案中正在进行的法律斗争的中心，检察官利用有关特朗普行为和言论的详细记录作为关键证据，证明前总统试图通过向调查人员隐瞒文件来妨碍司法公正。
负责此案的法官艾琳·坎农在听证会上没有提及笔记的可采性案件的审理周四下午，但在听证会开始时表示，在上午的会议上讨论了“推定特权材料”的话题。
在特工搜查Mar-a-Lago的两个月前，特朗普的前首席律师埃文·科克兰(Evan Corcoran)的笔记——检察官用这些笔记来支持他们对前总统的指控——描述说，特朗普一再将他的法律问题归咎于他的“政治敌人”，不愿允许审查检察官称包含数十份机密文件的箱子，并参与了检察官认为是通过隐瞒特朗普涉嫌保留机密文件来“贿赂”他的律师的行为。
“他提出了一个问题，如果我们现在给他们额外的文件，他们会不会，他们，司法部，会不会回来说，你为什么扣留这些文件，并试图以此作为刑事责任的基础，或者让他在媒体上看起来很糟糕，”根据科科伦的笔记，特朗普在2022年5月要求他的律师在检察官传唤前总统交出他拥有的任何机密文件后，ABC新闻查阅了记录。
“好吧，看，如果没有文件不是更好吗?”根据科克兰的笔记，特朗普在提出对检察官“开辟针对他的新战线”的担忧后，还询问了他的律师。
美国广播公司新闻(ABC News)联系了川普竞选发言人张致恒，他指控检察官撒谎和非法泄露材料，但没有提供证据。
“整个文件案从一开始就是一个政治骗局，它应该被完全抛弃，”张说。
特别检察官办公室的发言人拒绝置评。
检察官在最近的一份法庭文件中指控，特朗普试图“招募(科科伦)参与腐败活动”，建议他虚假地告诉美国联邦调查局，特朗普没有机密文件，或者他隐藏或销毁这些文件，而不是交出它们。
“特朗普试图让他的律师参与他的犯罪活动，测试他的律师的接受能力，然后在律师不接受他的提议时操纵他的律师来实现他的犯罪目的，”检察官在最近的一份文件中写道。
法宝不服罪去年，他因处理机密材料而受到40项指控，此前检察官表示，他多次拒绝归还数百份包含机密信息的文件，并采取措施阻挠政府取回文件的努力。特朗普否认了所有指控，并谴责调查是政治迫害。
辩护律师一再辩称，特朗普律师的笔记受到律师-当事人特权的保护，但华盛顿特区的一名联邦法官去年决定，在检察官证明特朗普之后，笔记可以用作证据故意误导他的律师为了犯罪，他的两个律师滥用律师-当事人特权。
我不想任何人翻我的箱子
科科伦录制了多段录音，以纪念他与前总统的互动，包括2022年5月23日与特朗普会面，讨论他对存储在Mar-a-Lago的任何机密文件的传票的回应。
在与特朗普和律师詹妮弗·利特尔(Jennifer Little)约一个半小时的会面中，特朗普带了一个盒子来展示其内容，向律师们展示了他的剪报、便利贴、照片和其他材料。
“我不想让任何人看，我不想让任何人看我的箱子，我真的不想，我不想让你看我的箱子，”特朗普说，这是针对特朗普的起诉书中的一部分笔记。“听着，我只是不想让任何人经历这些事情。”
科科伦写道，他试图专注于特朗普对传票的回应，尽管这位前总统经常回到他被政治对手盯上的话题。
“他重复了很多次，他觉得他真的被盯上了，”科克兰指出。
“瞧，你知道，我有十个不同的行动对我不利。他们想抓我。他们在追我。这些人是无情的，”特朗普在吹嘘自己的政府时说道。“我为这个国家做了所有这些伟大的事情。我改善了经济，我降低了税收，我做了这个，我做了那个，修建了隔离墙。”
科科伦回忆说，他试图将话题引回到箱子上，并警告前总统不遵守传票的法律后果。
“那么，如果我们，如果我们根本不回应或不与他们合作，会发生什么?”根据起诉书中的部分笔记，特朗普问道。
“嗯，有一个前景，他们可以去找法官，并获得搜查令，他们可以到达这里，并获得搜查令，”科科伦回应。
根据科科伦的说法，特朗普在会面中反复询问“如果我们告诉他们我们这里什么都没有，会不会更好。”
在接受史密斯团队采访时，利特尔在很大程度上证实了科科伦对那次会议的回忆，她告诉调查人员，她“非常清楚地”警告特朗普传票的严重性，并告诉他如果他不遵守，但发誓不遵守，那“将是一种犯罪”。
在谈到传票一个多小时后，特朗普结束了会议，参加了一系列采访，然后在下午再次与律师会面。根据科科伦的说法，特朗普建议这些律师——他注意到他们都是单身——“沿着海滩散步”，并且“也许”...火花会飞起来。”
但在Mar-a-Lago的泳池边等待他们与特朗普的下一次会面时，科科伦说，根据她与特朗普的另外两名律师的谈话，利特尔警告说，如果他们敦促特朗普遵守传票，“他只会暴跳如雷，”科科伦指出。
根据科克兰的笔记，利特尔补充说，“他不可能同意任何事情，而且他会否认还有任何盒子。”
没有文件不是更好吗?
根据科科伦的说法，2022年5月23日下午晚些时候，科科伦和利特尔在Mar-a-Lago的一个小图书馆会见了特朗普，在前总统的指示下，他们将手机扔在了房间外面。
科科伦坐在特朗普的脚旁，隔着一张小桌子，他说，特朗普询问了遵守传票的法律后果，同时警告说，检察官“真的想尽一切可能抓住他。”
特朗普将调查归咎于他的“政治敌人”，他们想“削弱他，让他不要竞选总统”。特朗普表示，他“只是试图理解应对调查的最佳方式”，并声称检察官将“不断开辟针对他的新战线”。"
根据科克兰的笔记，特朗普表示担心在传票后归还“额外文件”可能会成为“刑事责任的基础”。
"他又问了一遍，他说——你看，没有文件不是更好吗?"科科伦指出。
科科伦补充说，在他们的会面中，特朗普反复讲述了希拉里·克林顿的律师“删除了她的所有电子邮件”，所以“她没有陷入任何麻烦。”
根据笔记，特朗普告诉律师，“他很棒，他做得很好”。
检察官指控说，在与他的律师会面期间，特朗普试图测试科科伦对逃避传票的接受程度，尽管会议结束时两人制定了一项计划，让科科伦返回Mar-a-Lago，在箱子中搜索回应传票的文件。
“听着，所以你——所以如果我没听错的话，你想要的是回来让我或其他人检查并找到一些机密文件，如果有的话。那，那，听起来这就是你想要的计划，是吗?”根据笔记，特朗普多次重复这个计划。
“我们会解决这个问题的。根据笔记，川普说:“仔细检查文件，如果我们有任何机密材料，就把它交给DOJ。”。
检察官声称，科科伦对特朗普建议的拒绝导致这位前总统采取了不同的计划——欺骗他的律师，让他的“信任的身体人”和共同被告沃尔特·诺塔从Mar-a-Lago的储藏室搬走箱子，以阻止科科伦进行彻底的搜查。
根据Nauta和特朗普家庭成员之间的短信，在5月23日与特朗普会面和科科伦6月2日在Mar-a-Lago审查箱子之间的日子里，检察官指控特朗普协调Nauta将64个箱子从储藏室搬到特朗普的个人住所，特朗普计划在那里“从中挑选”。当Corcoran返回Mar-a-Lago查看箱子时，Nauta移动的64个箱子中只有大约30个被送回进行搜查。
不要打电话告诉我任何坏消息
科科伦称，在潮湿的6月的一天，在狭窄的储藏室里搜索箱子的过程是一项“费力”和令人不快的任务，尽管科科伦指出，箱子里的内容——“数以千计”的便利贴、杂志、参议员和国家元首的电子邮件、书籍、笔记本和简报材料——提供了一个独特的窗口，可以了解特朗普作为总统的心态。
“如果罗伯特·卡罗或其他总统传记作家处于我的位置，他们绝对会在天堂，”科科伦在他的笔记中说。
科科伦还指出，这些箱子里有各种各样奇怪的东西，包括总统纪念品、让美国再次伟大的帽子、外国领导人的礼物、衣物(包括内衣和袜子)以及漱口水、牙膏和剃须刀等化妆品。一些箱子用白色胶带封着，许多箱子上有一张关于箱子目的地的打印便条，比如“W-H到M-A-L”
根据科科伦的说法，特朗普对箱子内容的描述表明，当他在白宫住所审查材料时，它们成了“他日复一日经历的所有东西的存放处”。
“我必须在晚上阅读这些东西，以便我可以做好准备，这是我唯一可以阅读一些东西的时间，我必须阅读它们，以便我可以为第二天的电话或会议做好准备，”特朗普告诉科科伦简报备忘录、笔记和电子邮件最终如何进入箱子。“我的卧室里有很多盒子，你知道，很多盒子，我只是，你知道，阅读这些东西，然后把它们扔在那里。”
虽然特朗普告诉科科伦，他指示其他人对进入他住所的任何文件进行解密，但这位前总统似乎在与科科伦的谈话中承认，只是将文件带到他的住所并不会导致文件解密。
“我告诉人们要解密——任何进入住宅的东西都应该解密。我告诉人们。我告诉律师了。我不知道做了什么，我不知道它们是如何被标记的。但这是我的立场，”据科克兰说，特朗普说。
科科伦对房间的搜查最终产生了一叠半英寸厚的机密文件，他用胶带把它们封在一个红色焊接的信封里。
“你发现什么了吗?”特朗普在结束搜索后问科科伦。“很糟糕吗?好吗?”
根据科克兰的说法，特朗普问科克兰他打算如何储存这些文件，特别是“任何真正糟糕的东西。”
“他做了一个有趣的动作，好像——好吧，你为什么不带他们去你的酒店房间，如果那里有什么真的不好的东西，就像，你知道，把它拔出来。这就是他提出的动议。他没有这么说，”科科伦指出。
第二天，科科伦协调时任司法部国家安全司副司长的杰伊·布拉特(Jay Bratt)和美国联邦调查局特工前往Mar-a-Lago，接管相关文件。
根据科科伦的笔记，科科伦在联邦官员来访的当天早上接到了特朗普关于这次访问的恐慌电话。
“哦，那太糟糕了。你知道，他们想要什么?他们想干什么，为什么又想抓住我的把柄?”特朗普说，根据笔记。
虽然科科伦强调这次会议是他协调的例行步骤，但特朗普仍然表示担心“这非常糟糕”，并对布拉特出席会议特别感兴趣。
“为什么那个顶尖的家伙要来?这很不寻常，非常不寻常，你知道吗?”特朗普评论道，尽管科科伦指出，特朗普关于会议的语气似乎在一天之内发生了变化。
根据科科伦的说法，川普不顾科科伦的建议，亲自鼓励向布拉特和美国联邦调查局特工展示存放文件的储藏室。据检察官称，尽管科科伦的搜查导致38份带有分类标记的文件被退回，但特朗普仍在Mar-a-Lago拥有102份机密文件，部分原因是他试图遵守传票时试图向科科伦隐瞒文件，这将在联邦特工两个月后带着搜查令返回Mar-a-Lago时被发现。
“我没什么好隐瞒的。我没什么好隐瞒的。如果他们问起。我希望你展示给他们看，”特朗普在6月份告诉科科伦。
当天晚些时候，川普走进科克兰将机密文件交给联邦官员的会议，亲自与布拉特和美国联邦调查局特工握手。
“我很高兴你在这里。我很感激你所做的一切。据科克兰报道，特朗普说:“如果你需要任何东西，就问埃文。”。
特朗普离开会议后，科科伦陪同联邦官员前往存放特朗普箱子的储藏室，允许他们查看房间，但不能触摸任何箱子。
当天晚些时候，科科伦指出，他接到了特朗普的电话，当时他正在飞往新泽西度夏的飞机上。
“好了，我们要起飞了。但是听着，埃文，不要告诉我任何坏消息，好吗?笔记显示，特朗普说，“不要告诉我任何坏消息。”。
Trump expressed concern that returning classified docs after subpoena could result in criminal charges, according to sealed notes
Donald Trumpprivately expressed concerns that turning over potentially classified documents in his possession after a May 2022 subpoena could result in criminal charges while repeatedly engaging in what prosecutors have described as an effort to enlist his lawyers to lie and destroy documents for his benefit, according to transcripts of audio notes reviewed by ABC News.
Prosecutors allege that rather than comply with the subpoena, Trump opted to hide dozens of classified documents from his own lawyers, and federal agents eventually seized 102 classified documents -- including 17 top secret documents -- after theyexecuted a search warrantat Trump's Mar-a-Lago estate in August 2022.
The notes, which ABC Newsfirst reported on last year, are at the center of an ongoing legal battle in the former president's federal classified documents case, where prosecutors have used the detailed notes about Trump's behavior and statements as key evidence to demonstrate that the former president attempted to obstruct justice by hiding documents from investigators.
Aileen Cannon, the judge overseeing the case, did not address the admissibility of the notes at ahearing in the caseThursday afternoon, but said at the start of the hearing that the topic of the "presumptively privileged material" was discussed under seal during the morning session.
Two months before agents searched Mar-a-Lago, Trump's former lead attorney Evan Corcoran's notes -- which prosecutors have used to bolster their case against the former president -- describe that Trump repeatedly blamed his legal troubles on his "political enemies," was reluctant to allow the review of boxes that prosecutors say contained dozens of classified documents, and engaged in conduct that prosecutors believe was an effort to "corrupt" his attorneys by concealing Trump's alleged retention of classified documents.
"He raised a question as to, if we gave them additional documents now, would they, would they, the Department of Justice, come back and say well, why did you withhold them and try to use that as a basis for criminal liability or to make him look bad in the press," according to Corcoran's notes about what Trump asked his attorneys in May 2022 after prosecutors subpoenaed the former president to turn over any classified documents in his possession, records reviewed by ABC News say.
"Well look isn't it better if there are no documents?" Trump also asked his attorneys after raising concerns about prosecutors "opening up new fronts against him," according to Corcoran's notes.
Trump campaign spokesperson Steven Cheung, contacted by ABC News, accused prosecutors -- without providing evidence -- of lying and illegally leaking material.
"The entire documents case was a political sham from the very beginning and it should be thrown out entirely," Cheung said.
A spokesperson for the special counsel's office declined to comment.
Prosecutors alleged in a recent court filing that Trump attempted to "enlist [Corcoran] in the corrupt endeavor" by suggesting he falsely tell the FBI that Trump did not have classified documents or that he hide or destroy them rather than turn them over.
"Trump tried to enlist his attorney in his criminal endeavor, tested his attorney's receptiveness, and then manipulated his attorney to achieve his criminal ends when the attorney did not accept his overtures," prosecutors wrote in a recent filing.
Trumppleaded not guiltylast year to a 40-count indictment related to his handling of classified materials, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government's efforts to get the documents back. Trump has denied all charges and denounced the probe as a political witch hunt.
Defense lawyers have repeatedly argued that the notes from Trump's lawyer are protected by attorney-client privilege, but a federal judge in Washington D.C. last year determined that notes could be used as evidence after prosecutors demonstrated that Trumpdeliberately misled his attorneysin furtherance of a crime, piercing attorney-client privileges invoked by two of his lawyers.
'I don't want anybody looking through my boxes'
Corcoran made multiple audio recordings to memorialize his interactions with the former president, including meeting with Trump on May 23, 2022 to discuss his response to a subpoena for any classified documents stored at Mar-a-Lago.
During an approximately one-and-a-half-hour meeting with both Trump and attorney Jennifer Little, Trump brought a box to their first meeting to demonstrate its contents, showing the attorneys his newspaper clippings, Post-it notes, and photos, and other materials.
"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," Trump said, according to a portion of the notes included in the indictment against Trump. "Look I just don't want anybody going through these things."
Corcoran wrote that he attempted to focus on Trump's response to the subpoena, though the former president frequently returned to the topic that he was being targeted by political opponents.
"He repeated many times that he felt he was really being targeted," Corcoran noted.
"Look, you know, I have ten different actions against me. They are trying to get me. They're going after me. These people are ruthless," Trump remarked while boasting about his own administration. "I've done all these great things for the country. I improved the economy, I lowered taxes, I did this, I did that, built the wall."
Corcoran recalled that he tried to steer the conversation back to the boxes and warned the former president about the legal consequences of not complying with the subpoena.
"Well what if we, what happens if we just don't respond at all or don't play ball with them?" Trump asked, according to a portion of the notes included in the indictment.
"Well, there's a prospect that they could go to a judge and get a search warrant and that they could arrive here and get a search warrant," Corcoran responded.
According to Corcoran, Trump repeatedly asked during their meeting if it would be "better if we just told them we don't have anything here."
During an interview with Smith's team, Little largely corroborated Corcoran's recollection of the meeting, telling investigators that she "very clearly" warned Trump about the seriousness of the subpoena and told him "it's going to be a crime" if he failed to comply but swore otherwise.
After speaking about the subpoena for more than an hour, Trump concluded the meeting to attend a series of interviews before reconvening with the attorneys in the afternoon. According to Corcoran, Trump suggested that the attorneys -- who he noted were both single -- "take a walk along the beach" and that "maybe ... sparks will fly."
But while waiting poolside at Mar-a-Lago for their next meeting with Trump, Corcoran said Little warned -- based on her conversation with two other Trump attorneys -- that if they pushed Trump to comply with the subpoena, "he's just going to go ballistic," Corcoran noted.
Little added that "there's no way he's going to agree to anything and that, that he was going to deny that there were any more boxes at all," according to Corcoran's notes.
'Isn't it better if there are no documents?'
Later in the afternoon on May 23, 2022, Corcoran and Little met with Trump in a small library at Mar-a-Lago, ditching their phones outside the room at the direction of the former president, according to Corcoran.
Sitting feet from Trump across a small table, Corcoran said Trump asked about the legal consequences for complying with the subpoena while cautioning that prosecutors "really wanted to get him anyway they could."
Trump blamed the investigation on his "political enemies" who wanted to "weaken him and get him not to run" for president." Trump said he was "just trying to understand what the best way" was to respond to the investigations and claimed that prosecutors would "keep opening up new fronts against him."
According to Corcoran's notes, Trump expressed concerns that returning "additional documents" following the subpoena could become the "basis for criminal liability.
"He asked again, he said -- Well look, isn't it better if there are no documents?" Corcoran noted.
Corcoran added that during their meeting, Trump repeatedly recounted that a lawyer for Hillary Clinton "deleted all of her emails" so "she didn't get into any trouble."
"He was great, he did a great job," Trump told the lawyers, according to the notes.
Prosecutors allege that during the meetings with his attorneys, Trump attempted to test Corcoran's receptiveness to evading the subpoena, though the meeting concluded with the two setting a plan for Corcoran to return to Mar-a-Lago to search through the boxes for documents responsive to the subpoena.
"Look, so you're -- so if I'm hearing you right, what you want is to come back and have me or somebody go through and find some, get any classified documents if there are any. That, that, sounds like that's the plan you want, is it?" Trump said, repeating the plan multiple times, according to the notes.
"We will figure this out. Go through the documents, if we've got any classified stuff, get it to DOJ," Trump said, according to the notes.
Prosecutors allege that Corcoran's rebuff to Trump's suggestions resulted in the former president adopting a different plan -- deceiving his attorney by having his "trusted body man" and co-defendant Walt Nauta move the boxes from the storage room in Mar-a-Lago to prevent Corcoran from conducting a complete search.
In the days between the May 23 meeting with Trump and Corcoran's June 2 review of the boxes at Mar-a-Lago, prosecutors allege that Trump coordinated for Nauta to remove 64 boxes out of the storage room to Trump's personal residence, where Trump planned to "pick from them," according to text messages between Nauta and a Trump family member. By the time Corcoran returned to Mar-a-Lago to review the boxes, only about 30 of the 64 boxes moved by Nauta were returned for the search.
'Don't call me with any bad news'
Corcoran described the process of searching through the boxes in the cramped storage room during a humid June day as a "laborious" and unpleasant task, though Corcoran noted that contents of the boxes -- "thousands" of Post-it notes, magazines, emails with senators and heads of state, books, notebooks, and briefing materials -- offered a unique window into Trump's state of mind as president.
"If Robert Caro or some other presidential biographer had been in my position, they would have been absolutely in heaven," Corcoran said in his notes.
Corcoran also noted that the boxes included an odd variety of contents, including presidential memorabilia, Make America Great Again hats, gifts from foreign leaders, clothing -- including underwear and socks -- and toiletries like mouthwash, toothpaste, and razors. Some of the boxes were sealed with white duct tape and many included a typed note about the destination for the box, such as "W-H to M-A-L."
According to Corcoran, Trump's description of the boxes' contents suggested they became "catch-all depositories for what he'd gone through day after day" when he reviewed materials in the White House residence.
"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 told Corcoran about how briefing memos, notes, and emails ended up in the boxes. "I just had boxes in the, in my bedroom, you know, a lot of boxes and I'd just, you know, read these things and then throw them in there."
While Trump told Corcoran he instructed others to declassify any of the documents that entered his residence, the former president appeared to acknowledge in his conversation with Corcoran that simply bringing the documents into his residence did not result in declassifying the documents.
"I told people to declassify -- anything that comes into the residence should be declassified. And I told people. I told lawyers that. I don't know what was done, I don't know how they were marked. But that was my position," Trump said, according to Corcoran.
Corcoran's search of the room ultimately resulted in a half-inch stack of classified documents, which he sealed in a redweld envelope using duct tape.
"Did you find anything?" Trump asked Corcoran after he concluded his search. "Is it bad? Good?"
According to Corcoran, Trump asked Corcoran about how he planned to store the documents, particularly "anything really bad in there."
"He made a funny motion as though -- well okay 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. And that was the motion that he made. He didn't say that," Corcoran noted.
The following day, Corcoran coordinated for Jay Bratt, then the deputy chief of the Department of Justice's National Security Division, and FBI agents to visit Mar-a-Lago to take custody of the responsive documents.
Corcoran received a panicked call from Trump about the visit from federal officials on the morning of their visit, according to Corcoran's notes.
"Oh that's very bad. What, you know, what do they want? What are they trying to, why are they trying to get something on me again?" Trump said, according to the notes.
While Corcoran emphasized that the meeting was a routine step that he coordinated, Trump still expressed concern that "this is very bad" and was particularly interested in Bratt's attendance at the meeting.
"Why is the top guy coming? It's very unusual, very unusual, you know?" Trump remarked, though Corcoran noted that Trump's tone about the meeting appeared to change over the day.
According to Corcoran, Trump personally encouraged showing Bratt and the FBI agents the storage room where the documents were stored, over the advice of Corcoran. According to prosecutors, despite Corcoran's search resulting in return of 38 documents bearing classification markings, Trump still possessed 102 classified documents in Mar-a-Lago -- in part due to his effort to hide documents from Corcoran when he attempted to comply with the subpoena -- which would be discovered when federal agents returned to Mar-a-Lago two months later with a search warrant.
"I've got nothing to hide. I've got nothing to hide. If they ask. I want you to show them," Trump told Corcoran in June.
Later that day, Trump walked into the meeting where Corcoran handed over the classified documents to federal officials, personally shaking the hands of Bratt and the FBI agents.
"I'm glad you're here. I -- I appreciate what you're doing. If you need anything at all just ask Evan," Trump said, according to Corcoran.
After Trump left the meeting, Corcoran escorted the federal officials to the storage room where Trump's boxes were stored, allowing them to look at the room but not touch any of the boxes.
Later that day, Corcoran noted that he received a phone call from Trump, who was onboard his plane en route to New Jersey for the summer.
"Well we're taking off. But look, Evan, don't call me with any bad news, okay? Don't call me with any bad news," Trump said, according to the notes.
