MOTION Government's Second Motion for Certain Redactions and Sealing by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 3/21/2024. (Attachments: # (1) Exhibit Summary Chart)(Bratt, Jay)
Page 1 Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 1 of
GOVERNMENT’S POSITION ON REDACTIONS AND SEALING FOR RESPONSES
TO FOUR RULE 12 MOTIONS TO BE TRANSMITTED BY EMAIL (PER THE
COURT’S PAPERLESS ORDERS (ECF Nos. 320, 365)
1 - Government’s Opposition to Donald J. Trump’s Motion for Dismissal or Suppression of
Evidence Obtained from Mar-a-Lago or His Attorneys
RESPONSE TO MOTION: Proposed redactions in red boxes, on pp. 13-17, 22-24. Rationale:
Potential witness safety / witness identifying information; references to non-public substance of
potential witness testimony; references to content of sealed documents.
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED TO REDACT OR SEAL: Def. Exs.
16-19 (Gov’t Response. at 16, 24) – Seal all. See ECF No. 348-1, at 2.
GOVERNMENT EXHIBITS:
Justification
Gov’t
Ex.
No.
Description
Redact
/ Seal /
None
Excerpt of
Potential
Witness’s
Transcribed Notes
I
Seal
This exhibit is part of a sealed matter in the District of
Columbia that the Government will be moving for
transfer pursuant to Rule 6(e)(3)(G); potential witness
safety/witness names; integrity of trial testimony;
potential trial exhibits; information for witnesses and
ancillary persons; Rule 6(e).
Excerpt of
Potential
Witness’s
Transcribed Notes
Seal
This exhibit is part of a sealed matter in the District of
Columbia that the Government will be moving for
transfer pursuant to Rule 6(e)(3)(G); potential witness
safety/witness names; integrity of trial testimony;
potential trial exhibits; information for witnesses and
ancillary persons; Rule 6(e).
Excerpt of Grand
Jury Transcript of
a Potential
Witness
Seal
Potential witness safety/witness names; integrity of trial
testimony; information for witnesses and ancillary
persons; Rule 6(e).
Excerpt of Grand
Jury Transcript of
a Potential
Witness
Seal
Potential witness safety/witness names; integrity of trial
testimony; information for witnesses and ancillary
persons; Rule 6(e).
Potential witness safety; names and identifying
information for witnesses and ancillary persons. Page 2 Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 2 of
2 - Government’s Opposition to Defendant Waltine Nauta’s Motion to Suppress Evidence
RESPONSE TO MOTION: No proposed redactions to Government’s response, thus filed on
CM/ECF (ECF No. 381).
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED TO REDACT OR SEAL: N/A.
GOVERNMENT EXHIBITS:
Gov’t
Ex.
No.
Description
Redact
/ Seal /
None
Justification
SDFL Search Warrant
for Nauta car and
phones (22-mj-8547)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
Unexecuted SDFL
Search Warrant for
Nauta car and phones
(22-mj-8548)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
Unexecuted SDFL
Search Warrant for
Nauta residence and
phones (22-mj-8549)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
SDFL Search Warrant
for Nauta Microsoft Office Email (22-mj8533)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
SDFL Search Warrant
for Nauta personal
Apple iCloud (22-mj8489)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
SDFL Search Warrant
for Nauta work Apple
iCloud account (22mj-8550)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
DC Search Warrant for
Nauta Google location
data (SW-32)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
DC Search Warrant for
Nauta Verizon cell site
data (SW-34)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons. Page 3 Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 3 of
Excerpt of Nauta FBI
Interview Transcript
Redact
Potential witness safety/witness name / witness
identifying information; remainder of transcript is
unrelated to proposition for which exhibit is cited.
Excerpt of Nauta
Grand Jury Transcript
Redact
Potential witness safety/witness name / witness
identifying information; remainder of transcript is
unrelated to proposition for which exhibit is cited;
Rule 6(e).
3 - Government’s Opposition to Defendant Donald J. Trump’s Motion for Dismissal Based
on Alleged Misconduct and Due Process Violations
RESPONSE TO MOTION: Proposed redactions in red boxes on pp. 7, 9, 20, 23-24. Rationale:
Potential witness safety / witness names; protects integrity of potential Government witness
testimony; Rule 6(e); references matters under seal.
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED TO REDACT OR SEAL: Def. Ex. (Gov’t Response. at 7) – Seal. See ECF No. 348-1, at 9. Def. Ex. 7 to Mot. to Compel (Gov’t
Response at 9) – Redact. See ECF No. 267, at 3 and at Attachment B (sealed).
GOVERNMENT EXHIBITS:
Gov’t
Ex.
No.
Description
Redact
/ Seal /
None
Justification
FBI 302 for
Interview of a
Potential
Witness
Redact
Ancillary names; potential witness safety/witness names.
.
Excerpt of a
Grand Jury
Transcript
Seal
Rule 6(e); potential witness safety/witness names. Page 4 Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 4 of
4 - Government’s Opposition to Waltine Nauta’s Motion to Dismiss the Indictment Based on
Selective and Vindictive Prosecution
RESPONSE TO MOTION: Proposed redactions in red boxes on p. 8. Rationale: Potential
witness safety / witness identifying information; protects integrity of potential Government witness
testimony; Rule 6(e).
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED REDACTIONS OR SEALING:
Def. Ex. 7 (Government Response at 4, 10) – Redact for PII only. See ECF No. 348-1, at 7. Def.
Exs. 4-5 (Government Response at 9) – Redact for PII only. See ECF No. 348-1, at 7.
GOVERNMENT EXHIBITS:
Gov’t
Ex.
No.
Description
SDFL Mar-aLago Search
Warrant (22-mj8332)
Excerpt of
FBI Interview
Transcript of a
Potential
Witness
Excerpt of
Grand Jury
Transcript of a
Potential
Witness
Redact
/ Seal
/ None
Redact
Seal
Seal
Justification
Potential witness safety; names and identifying
information for witnesses and ancillary persons
Potential witness safety/witness names / witness
identifying information; Jencks Act material for potential
Government witness; details of potential witness
testimony; references other non-public potential
Government witness names and testimony; Rule 6(e)
Potential witness safety/witness names / witness
identifying information; Jencks Act material for potential
Government witness; details of potential witness
testimony; references other non-public potential
Government witness names and testimony; Rule 6(e)
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 1 of 4
GOVERNMENT’S POSITION ON REDACTIONS AND SEALING FOR RESPONSES
TO FOUR RULE 12 MOTIONS TO BE TRANSMITTED BY EMAIL (PER THE
COURT’S PAPERLESS ORDERS (ECF Nos. 320, 365)
1 - Government’s Opposition to Donald J. Trump’s Motion for Dismissal or Suppression of
Evidence Obtained from Mar-a-Lago or His Attorneys
RESPONSE TO MOTION: Proposed redactions in red boxes, on pp. 13-17, 22-24. Rationale:
Potential witness safety / witness identifying information; references to non-public substance of
potential witness testimony; references to content of sealed documents.
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED TO REDACT OR SEAL: Def. Exs.
16-19 (Gov’t Response. at 16, 24) – Seal all. See ECF No. 348-1, at 2.
GOVERNMENT EXHIBITS:
Justification
Gov’t
Ex.
No.
Description
Redact
/ Seal /
None
1
SDFL Mar-a-Lago
Search Warrant
(22-mj-8332)
Redact
2
Excerpt of
Potential
Witness’s
Transcribed Notes
I
Seal
This exhibit is part of a sealed matter in the District of
Columbia that the Government will be moving for
transfer pursuant to Rule 6(e)(3)(G); potential witness
safety/witness names; integrity of trial testimony;
potential trial exhibits; information for witnesses and
ancillary persons; Rule 6(e).
3
Excerpt of
Potential
Witness’s
Transcribed Notes
2
Seal
This exhibit is part of a sealed matter in the District of
Columbia that the Government will be moving for
transfer pursuant to Rule 6(e)(3)(G); potential witness
safety/witness names; integrity of trial testimony;
potential trial exhibits; information for witnesses and
ancillary persons; Rule 6(e).
4
Excerpt of Grand
Jury Transcript of
a Potential
Witness
Seal
Potential witness safety/witness names; integrity of trial
testimony; information for witnesses and ancillary
persons; Rule 6(e).
5
Excerpt of Grand
Jury Transcript of
a Potential
Witness
Seal
Potential witness safety/witness names; integrity of trial
testimony; information for witnesses and ancillary
persons; Rule 6(e).
Potential witness safety; names and identifying
information for witnesses and ancillary persons.
1
PDF Page 3
Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 2 of 4
2 - Government’s Opposition to Defendant Waltine Nauta’s Motion to Suppress Evidence
RESPONSE TO MOTION: No proposed redactions to Government’s response, thus filed on
CM/ECF (ECF No. 381).
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED TO REDACT OR SEAL: N/A.
GOVERNMENT EXHIBITS:
Gov’t
Ex.
No.
Description
Redact
/ Seal /
None
Justification
1
SDFL Search Warrant
for Nauta car and
phones (22-mj-8547)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
2
Unexecuted SDFL
Search Warrant for
Nauta car and phones
(22-mj-8548)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
3
Unexecuted SDFL
Search Warrant for
Nauta residence and
phones (22-mj-8549)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
4
SDFL Search Warrant
for Nauta Microsoft 45
Office Email (22-mj8533)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
5
SDFL Search Warrant
for Nauta personal
Apple iCloud (22-mj8489)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
6
SDFL Search Warrant
for Nauta work Apple
iCloud account (22mj-8550)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
7
DC Search Warrant for
Nauta Google location
data (SW-32)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
8
DC Search Warrant for
Nauta Verizon cell site
data (SW-34)
Redact
PII; potential witness safety; names and identifying
information for witnesses and ancillary persons.
2
PDF Page 4
Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 3 of 4
9
Excerpt of Nauta FBI
Interview Transcript
Redact
Potential witness safety/witness name / witness
identifying information; remainder of transcript is
unrelated to proposition for which exhibit is cited.
10
Excerpt of Nauta
Grand Jury Transcript
Redact
Potential witness safety/witness name / witness
identifying information; remainder of transcript is
unrelated to proposition for which exhibit is cited;
Rule 6(e).
3 - Government’s Opposition to Defendant Donald J. Trump’s Motion for Dismissal Based
on Alleged Misconduct and Due Process Violations
RESPONSE TO MOTION: Proposed redactions in red boxes on pp. 7, 9, 20, 23-24. Rationale:
Potential witness safety / witness names; protects integrity of potential Government witness
testimony; Rule 6(e); references matters under seal.
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED TO REDACT OR SEAL: Def. Ex. 2
(Gov’t Response. at 7) – Seal. See ECF No. 348-1, at 9. Def. Ex. 7 to Mot. to Compel (Gov’t
Response at 9) – Redact. See ECF No. 267, at 3 and at Attachment B (sealed).
GOVERNMENT EXHIBITS:
Gov’t
Ex.
No.
Description
Redact
/ Seal /
None
Justification
1
FBI 302 for
Interview of a
Potential
Witness
Redact
Ancillary names; potential witness safety/witness names.
.
2
Excerpt of a
Grand Jury
Transcript
Seal
Rule 6(e); potential witness safety/witness names.
3
PDF Page 5
Case 9:23-cr-80101-AMC Document 384-1 Entered on FLSD Docket 03/07/2024 Page 4 of 4
4 - Government’s Opposition to Waltine Nauta’s Motion to Dismiss the Indictment Based on
Selective and Vindictive Prosecution
RESPONSE TO MOTION: Proposed redactions in red boxes on p. 8. Rationale: Potential
witness safety / witness identifying information; protects integrity of potential Government witness
testimony; Rule 6(e).
GOVERNMENT CITATIONS TO DEFENSE EXHIBITS OR EXHIBITS FROM OTHER
FILINGS WHERE GOVERNMENT HAS PROPOSED REDACTIONS OR SEALING:
Def. Ex. 7 (Government Response at 4, 10) – Redact for PII only. See ECF No. 348-1, at 7. Def.
Exs. 4-5 (Government Response at 9) – Redact for PII only. See ECF No. 348-1, at 7.
GOVERNMENT EXHIBITS:
Gov’t
Ex.
No.
1
2
3
Description
SDFL Mar-aLago Search
Warrant (22-mj8332)
Excerpt of
FBI Interview
Transcript of a
Potential
Witness
Excerpt of
Grand Jury
Transcript of a
Potential
Witness
Redact
/ Seal
/ None
Redact
Seal
Seal
Justification
Potential witness safety; names and identifying
information for witnesses and ancillary persons
Potential witness safety/witness names / witness
identifying information; Jencks Act material for potential
Government witness; details of potential witness
testimony; references other non-public potential
Government witness names and testimony; Rule 6(e)
Potential witness safety/witness names / witness
identifying information; Jencks Act material for potential
Government witness; details of potential witness
testimony; references other non-public potential
Government witness names and testimony; Rule 6(e)
4
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