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Unsealed court records offer new insight into Trump classified documents probe
Washington — A trove of newly unsealed documents related to the federal probe into former President Donald Trump’s handling of classified information sheds light on the secret grand jury investigation that preceded the charges against him and the sealed proceedings that have taken place since he was indicted.
The documents confirmed Tuesday that federal agents suspected that the former president might have sought to impede the probe in ways not previously acknowledged by prosecutors and that documents with classified markings were recovered from Trump’s Florida bedroom in the months after the FBI searched his Mar-a-Lago resort. They also revealed a once-confidential legal battle between defense attorneys who alleged investigatorial misconduct, and a Justice Department standing by its probe.
Special counsel Jack Smith charged the former president with 40 federal counts tied to his alleged unlawful retention of national defense information — documents with classified markings that deal with topics ranging from nuclear capabilities to military policy — and obstruction of the federal investigation into his handling of sensitive government records. Trump and his co-defendants, aide Walt Nauta and former employee Carlos de Oliveira, all pleaded not guilty, and the former president has criticized the probe.
The 2023 federal indictment against Trump alleged he sought to impede investigators by making false representations to his attorneys. Prosecutors also said Nauta and de Oliveira allegedly engaged in an unsuccessful scheme to push a Mar-a-Lago IT worker to delete security camera footage.
But in a 2023 judicial opinion that was unsealed Tuesday, former Chief Judge Beryl Howell of the federal district court in Washington, D.C., wrote it was “likely” Trump had gone further than allegedly misleading his attorneys, possibly “instructing his agents to avoid the surveillance cameras he then understood to have been deputized by the government.”
Howell detailed numerous instances in which the former president, his attorneys, and his aides reacted to federal requests for information about any documents with classified markings from Trump’s time in the White House located at his Florida resort after his presidency ended.
In June 2022, a Washington, D.C. grand jury subpoenaed the security camera footage at Mar-a-Lago, information that was later relayed to Trump over the phone by his then-attorney, Evan Corcoran.
“The government contends that this conversation furthered a different stage of the former President’s ongoing scheme to foil the government’s attempts to retrieve all classified-marked documents responsive to the subpoena,” the judge wrote.
Shortly after Trump’s call with Corcoran about the subpoena, according to the judge, an unnamed witness, whose conduct matches that of Nauta, “rearranged his travel schedule, choosing to fly to Florida on June 25, 2022, instead of Illinois with the former president as previously scheduled.”
According to the judge’s recounting of events, government prosecutors suspected Nauta’s change in travel was part of Trump’s “attempts to ensure that any subsequent movement of the boxes back to the storage room could occur off camera.”
“The government has provided sufficient evidence to demonstrate that the June 24, 2022 phone call may have furthered the former president’s efforts to obstruct the government’s investigation,” Howell wrote.
The judge’s widely-reported opinion in 2023 was a major turning point in the special counsel’s probe into Trump’s conduct as she took the relatively unusual step of piercing attorney-client privilege by compelling Corcoran to testify before a grand jury about his interaction with Trump. It was released for the first time publicly on Tuesday confirmed much of what was previously reported.
Although the standard of proof in the grand jury proceedings was much lower for prosecutors than that of a jury trial, Howell wrote that because Trump might have used his attorney in furtherance of an alleged crime, the privilege between him and Corcoran could not apply.
At the time, CBS News reported Howell also ruled prosecutors could use voice memos and notes from Corcoran’s time as the former president’s attorney, despite challenges under the same attorney-client privilege.
In February, Trump’s legal team asked the federal judge overseeing the criminal case, Aileen Cannon, to dismiss the charges and suppress evidence in part based upon what they argued was an erroneous decision by Howell. That motion for dismissal was unsealed Tuesday, too, after Cannon ordered much of the record unsealed with redactions.
Cannon has yet to rule on whether to grant some of Trump’s efforts to dismiss the indictment. A trial was set to begin this month, but Cannon indefinitely postponed its start, citing issues surrounding pre-trial motions and the use of classified evidence in proceedings.
Howell’s 2023 opinion also detailed the searches by Trump’s attorneys that were conducted after August 2022, when the FBI conducted its court-authorized search of Mar-a-Lago, for additional documents potentially covered by a grand jury subpoena for records bearing classification markings issued in May 2022.
In 2022, CBS News reported Trump’s attorneys handed over to investigators other documents they had recovered after hiring an outside firm to conduct searches of all of Trump’s properties for any classified documents
Two records were discovered in November of that year in a box in a storage unit located in West Palm Beach, Florida, that was leased by the General Services Administration, according to the filing.
A box with four more records with classification markings was discovered in a closet at Mar-a-Lago in mid-December 2022, Howell wrote, referencing reports included with a certification of compliance filed by Trump’s post-presidency office. Those documents were part of a response to the May 2022 grand jury subpoena and “contained markings at the Secret level,” according to the court filing.
Trump’s office turned over to the FBI the entire box that contained the four documents on Jan. 5, 2023, as well as two additional documents that should have been handed over after the May 2022 subpoena: “one empty folder and another mostly empty folder marked ‘Classified Evening Summary,'” which were found in Trump’s bedroom at Mar-a-Lago, according to Howell’s opinion.
“Notable, no excuse is provided as to how the former president could miss the classified-marked documents found in his own bedroom at Mar-a-Lago,” the judge wrote.
One of those attorneys, former Trump defense team member Timothy Parlatore, later sat for a grand jury interview to attest to the search
That grand jury deposition was also the subject of allegations by the former president of prosecutorial misconduct. A portion of the interview was also unsealed on Tuesday in which a prosecutor on Smith’s team questioned Parlatore about his attorney-client privilege with his client, Trump.
“If the former President’s so cooperative, why hasn’t he allowed you to share his conversations with the Grand Jury today,” the prosecutor asked, according to the page of transcript that was released Tuesday.
“Are we really doing this,” Parlatore responded.
That transcript was unsealed as part of an exhibit to a filing by Trump’s legal team accusing Smith’s team of engaging in prosecutorial misconduct. The former president filed the motion in February under seal, and Cannon released them on the public docket Tuesday.
In the February filing, Trump’s team alleged the Justice Department improperly worked with the National Archives and the Biden White House to bring the charges, and later “abused the grand jury process.” The allegations, made out of public view, amounted to what Trump’s lawyers argued were grounds for dismissal.
Smith’s team, however, defended their conduct and rejected Trump’s allegations, writing in March, “This case has been investigated and prosecuted in full compliance with all applicable constitutional provisions, statutes, rules, regulations, and policies.”
“There has been no prosecutorial misconduct.”
The documents were unsealed just as Nauta is set to appear in Cannon’s courtroom on Wednesday. He has alleged the Justice Department engaged in selective prosecution by bringing the charges against him because he opted not to cooperate in the probe. Smith’s team has opposed that assertion and Cannon is set to hear arguments from both sides.
CBS News
Alicia Keys surprises students at her former high school in New York and reflects on her own musical journey
Alicia Keys, the 16-time Grammy-winning artist, recently returned to the Professional Performing Arts School in New York City where her musical journey began.
The visit came during a special segment for “CBS Mornings,” as Keys continues to enjoy a standout year, including a Grammy nomination for her Broadway musical “Hell’s Kitchen.”
Keys, who graduated as class valedictorian, shared her memories of the school.
“I’ve always been pretty social. I’m definitely a troublemaker,” she laughed. “Like in the sense of like, I test people and I like, challenge people. I was definitely challenging the teachers for sure.”
Reflecting on her early musical experiences, Keys recalled signing her first record deal and the debut album she released at 20, which won five Grammy’s that included “Song of the Year” for her hit “Fallin.'”
“I remember like … everything was possible. Everything was going to happen,” she said, looking around the school.
Keys reunites with her former music teacher
Her visit also brought her back to her former music teacher, Linda Aziza Miller, who taught Keys how to arrange music and hone her craft.
“She taught me so much about how to arrange music, how to arrange a song. Those are the things that I took, and I put into the music,” Keys said.
That teacher-student bond is now reflected in Keys’ Broadway production “Hell’s Kitchen,” where a character named Ms. Liza Jane is inspired by both Keys’ grandmother and Ms. Aziza.
Ms. Aziza, now the orchestra pianist for “Hell’s Kitchen” at the Shubert Theatre, was moved by the reunion.
“It’s really a moment that I never saw coming,” she said.
The visit culminated with a surprise for a theater class, where Keys joined the students for an impromptu performance of “This Girl Is on Fire.”
“I’m so happy to see you guys,” Keys told them. “I’m really honored to be here, to talk to you and get a second. Just tell you that I’m proud of you and that, you know, I really recognize you.”
Keys also took a moment to share advice with the students.
“I want you to always be yourself,” she said. “I want you to never forget that the more unique you are, the more you stand out.”
CBS News
Capybaras are the “it” animal inspiration for toys, slippers and T-shirts this holiday season
The world’s largest rodent is having a big moment.
The capybara — a semi-aquatic South American relative of the guinea pig — is the latest in a long line of “it” animals to get star treatment during the holiday shopping season.
Shoppers can find capybara slippers, purses, robes and bath bombs. There are cuddly plush capybaras and stretchy or squishy ones. Tiny capybaras wander across bedding, T-shirts, phone cases, mugs, key chains, crochet patterns and almost any other type of traditional gift item. Last year, it was the axolotl that took pride of place on many products, and the endangered amphibian remains popular. Owls, hedgehogs, foxes and sloths also had recent turns in the spotlight.
Trendy animals and animal-like creatures aren’t a new retail phenomenon; think the talking Teddy Ruxpin toys of the 1980s or Furby and Beanie Babies a decade later. But industry experts say social media is amplifying which animals are hot — or not.
© Liudmyla Konkina @LudovicToys on Etsy; Liudmyla Konkina’s Ravelry Story
“It’s really the launch on TikTok, Instagram and other social media platforms that allow these characters or animals to blow up like crazy,” said Richard Derr, who has owned a Learning Express Toys franchise in Lake Zurich, Ill., for nearly 30 years and is also a regional manager for the specialty toy store chain.
Social media is also speeding up the cycle. Must-have animals may only last a season before something new captures customers’ imaginations.
“It’s really important to keep feeding that beast,” Juli Lennett, a vice president and toy industry advisor at market research firm Circana, said. “If you are an influencer, you’re not going to talk about last year’s stuff.”
Skyrocketing plush toy sales — fueled by a need for comfort during the pandemic — are also increasing the demand for new and interesting varieties, Lennett said. In the first nine months of this year, sales of plush animals were up 115% from the same period in 2019, she said. Overall toy sales rose 38% in that time.
/ Getty Images
Consumers are seeking out increasingly exotic species that they see in online videos, games and movies. Highland cows, red pandas and axolotls, a type of salamander native to Mexico, have all popped up in popular culture. According to Google Trends, searches for axolotls shot up in June 2021 after Minecraft added them to its game.
“Nobody knew what an axolotl was in 2020,” Derr said. “Now, everybody knows axolotls.”
Cassandra Clayton, a Vermont Teddy Bear Company product designer, said rising sales to adults are also fueling the demand for unique – and collectible – plush toys.
“Stuffed animals are really becoming an ageless item,” she said. “Especially with the boom of self-care in adults and turning towards comfort objects to help de-stress and relax in your life.”
Clayton expects demand for unusual stuffed animals to continue to grow. Among the oddest she has seen: a stuffed version of a water bear, a type of microorganism also known as a moss piglet or a tardigrade.
“It doesn’t necessarily inspire you to cuddle with them, but you’re really seeing the industry start turning towards those characters,” she said. “I think that’s the next trend.”
Figuring out the next “it” animal — or microorganism — is a challenge for toy makers.
“You never know exactly when they’re going to hit and how big they’re going to be,” said Sharon Price John, the president and CEO of Build-A-Bear Workshop, a chain of nearly 500 stores that offers an expanding menagerie of animals and characters for customers to customize, including capybaras and axolotls.
Jeff Roberson / AP
The St. Louis-based company watches social media and gets ideas from talking to store employees and patrons, John said. It usually takes Build-A-Bear up to a year to introduce a new stuffed toy, she said, but the company can move faster if it spots a trend. It sometimes tests a small batch online to make sure a trend is sticking, John said.
Annual trade shows in Asia, Germany and elsewhere are another place to spot new trends. Punirunes – digital, interactive pets that also come in plush varieties – are big in Japan right now and will likely take off in the U.S., toy store owner Derr said.
“Here, I can’t give them away. They’re too new. But give it a year or two,” he said.
Companies can kick off their own trends too. Build-A-Bear’s Spring Green Frog, introduced in 2020, was an immediate hit thanks to videos posted by customers. It remains popular, with nearly 2 million sold, John said.
John suspects people are drawn to friendly, slow-moving capybaras because watching videos of them are so relaxing. But shoppers who want one need to act fast. A Build-A-Bear holiday capybara with red and green sprinkles on its fur – dubbed a “cookiebara” – has already sold out, she said.
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Durbin reported from Detroit. Crawford reported from Lake Zurich, Ill.
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Alicia Keys surprises students at her former high school in New York and reflects on her own musical journey
Capybaras are the “it” animal inspiration for toys, slippers and T-shirts this holiday season
Government shutdown looking more likely after spending bill tanked
Alicia Keys surprises students at her former high school in New York and reflects on her own musical journey
Capybaras are the “it” animal inspiration for toys, slippers and T-shirts this holiday season