Legal experts: Second Trump aide may be charged after Jack Smith says he may have "perjured himself"

"He'll have to pick cooperation or indictment," says former U.S. Attorney Joyce Vance

By Tatyana Tandanpolie

Staff Writer

Published July 14, 2023 1:47PM (EDT)

Former U.S. President Donald Trump gestures to the crowd at a campaign event on July 1, 2023 in Pickens, South Carolina. The former president faces a growing list of Republican primary challengers. (Sean Rayford/Getty Images)
Former U.S. President Donald Trump gestures to the crowd at a campaign event on July 1, 2023 in Pickens, South Carolina. The former president faces a growing list of Republican primary challengers. (Sean Rayford/Getty Images)

Special counsel Jack Smith's investigation into former President Donald Trump's handling of classified documents is intensifying as he takes new steps to examine Trump's alleged obstruction of government attempts to receive documents, including threatening a former Trump Organization staffer suspected of lying to prosecutors with potential charges, sources familiar with the matter told ABC News.

Smith in recent weeks sent a target letter to the employee indicating that he may have "perjured himself" during a May appearance before the federal grand jury, the sources told the outlet.

"Remember the unnamed guy who helped Walt Nauta move the boxes in and out of the storage room? He's gotten a target letter from Jack Smith for obstruction, meaning he's in serious criminal jeopardy and unless he's lost his senses, will soon tell all he knows about Nauta and Trump," former U.S. Attorney Harry Litman wrote on Twitter in response to the report.  

"Looks like indictment of second Trump Org employee in classified docs case may be coming," tweeted New York University Law Prof. Ryan Goodman, former special counsel for the Department of Defense.

The target letter, which was described to ABC News by sources but not obtained or reviewed by the outlet, indicates Smith is taking a stronger interest in the Trump Organization's management of surveillance footage and potential attempts to keep it from the eyes of investigators.

When reached by the outlet Thursday, the staffer declined to answer its questions about a potential target letter or his discussions with investigators, saying only, "It's none of your business."

A lawyer who has represented the employee and several other Trump advisers, Stanley Woodward, also declined ABC News request for comment.

Investigators have been analyzing the employee's role in the handling of surveillance footage at Trump's Mar-a-Lago resort club that federal prosecutors subpoenaed last summer, the sources said. The prosecutors have also looked into any subsequent conversations the staffer had with other employees, including Trump aide Walt Nauta, who was indicted alongside his boss in June on obstruction charges, among others.  


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Like Trump, who was indicted on 37 felony counts last month, Nauta pleaded not guilty to all charges.

The Trump Organization maintains that it did not delete or destroy any surveillance footage, according to sources familiar with its thinking. The government, however, is not endeavoring to argue that footage was tampered with, but rather is homing in on potential efforts to obstruct the investigation, the sources added.

"Jack Smith told a Trump Org employee he's a target for obstruction of the documents prosecution, explaining, at least in part, the Florida grand jury's continued work after the indictment of Trump & Nauta," former U.S. Attorney Joyce Vance tweeted. "He'll have to pick cooperation or indictment."


By Tatyana Tandanpolie

Tatyana Tandanpolie is a staff writer at Salon. Born and raised in central Ohio, she moved to New York City in 2018 to pursue degrees in Journalism and Africana Studies at New York University. She is currently based in her home state and has previously written for local Columbus publications, including Columbus Monthly, CityScene Magazine and The Columbus Dispatch.

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Aggregate Donald Trump Indictment Jack Smith News Walt Nauta