Growing Rift or Arc of Justice: The Indictment

By Bill Doughty––

This summer’s “must-read” is not a book. It’s a legal document. It’s brief. It has a compelling plot. It’s freely available. It’s illustrated. And it evokes strong emotions.

It is the indictment of former President Donald J. Trump and his Navy culinary specialist veteran valet, former Senior Chief Petty Officer Waltine Nauta.

Among the emotions likely to be brought forth are alarm, anger and profound sadness. Anyone interested in having an informed opinion about the issue as well as anyone interested in the Constitution and rule of law will want to read the allegations.

The indictment alleges that Trump and Nauta conspired to take, conceal, and lie about classified documents, including military and intelligence secrets. According to the indictment:

“The classified documents Trump stored in his boxes included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack. The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods.”

Sources of evidence in the indictment are Trump and Nauta, themselves, often in their own words. Nauta unintentionally provided the photos, text messages, and other information which contradicted his sworn statements to investigators. Among Nauta's photos are images of dozens of boxes stacked in a store room, on an open stage, and in a bathroom. Trump’s own words, caught on tape or by his attorney, are also part of the evidence.

Of the 37 counts of crimes, 31 pertain to the willful retention of national defense information; the remaining six relate to alleged conspiracy, obstruction and false statements by Trump and Nauta.

The indictment was unsealed and published by the Department of Justice.

In announcing the indictment, DOJ Special Counsel Jack Smith said:

“The men and women of the United States intelligence community and our Armed Forces dedicate their lives to protecting our nation and its people.

"Our laws that protect national defense information are critical to the safety and security of the United States and they must be enforced.

"Violations of those laws put our country at risk.

"Adherence to the rule of law is a bedrock principle of the Department of Justice, and our nation's commitment to the rule of law sets an example for the world.

"We have one set of laws in this country, and they apply to everyone. Applying those laws, collecting facts, that's what determines the outcome of an investigation. Nothing more, nothing less.”

Smith noted, "It's very important for me to note that the defendants in this case must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”

This year’s top summer read is not a book, though there are many great books out there. This summer’s must-read is this historic and Constitutionally important indictment that, depending on the reader’s perspective, will either widen a growing rift or bring us back to justice, principled ethos, and accountability.