A key witness in Trump's classified-documents case went public — and it could complicate Jack Smith's case
- A key witness in Donald Trump's classified documents case is speaking publicly for the first time.
- Brian Butler, a longtime Mar-a-Lago employee, spoke with CNN about his role in transporting records.
A 20-year Mar-a-Lago employee and key witness in the classified-documents case against former President Donald Trump is speaking publicly for the first time, telling CNN he unknowingly helped Trump staffers move boxes of sensitive records from the Florida resort to Trump's plane in June 2022.
But the witness' public recall of his role in the saga could cause complications in the special counsel Jack Smith's case against Trump, a legal expert told Business Insider.
Brian Butler, who up until now has been identified only as "Trump Employee 5" in the federal indictment that Smith brought against Trump last year, went public with his name and recollections in a CNN interview this week, sharing new details about the alleged documents cover-up.
Trump is charged with dozens of felony counts related to allegations that he mishandled national defense information and purposefully withheld classified documents from the government. Walt Nauta, a close Trump aide, faces six counts in the case, including obstruction and concealment, while Carlos De Oliveira, the property manager at Mar-a-Lago, is charged with four counts.
All three men have pleaded not guilty.
Butler, who spoke with federal investigators several times as they prepared a case against Trump, told CNN he moved 10 to 15 boxes of records under Nauta's direction on June 3, 2022 — the same day Justice Department officials were in Florida to meet with Trump and his attorney about the documents.
Neama Rahmani, a former federal prosecutor who's the president of West Coast Trial Lawyers, told Business Insider that Butler's primetime interview offered details not previously included in the indictment and represented a rarity with regards to a cooperating witness speaking publicly about an ongoing case that still doesn't have a set trial date.
"If you're a prosecutor, you can't force someone not to give an interview, but you certainly don't like it when your cooperating witness is giving these statements," Rahmani said.
He said the more a witness talked publicly before trial, the more opportunity there was for that witness to create inconsistencies in their testimony that could come back to bite them later on.
"It's additional evidence that can be used during cross-examination," he added. "Or it gives the defense a preview of what they'll say at trial, giving them time to prepare." Butler's disclosures in the Monday interview, including a timeline of his role in moving the documents, details of the dissolving of his decadeslong friendship with De Oliviera, and information about his meeting with Smith and investigators, add more color to his bare-bones testimony included in the original indictment."This is much closer to what his testimony at a trial would be," Rahmani said of Butler's interview. "You don't usually expect to see this until a trial."Butler's decision to come forward with his name is also surprising given Trump's fierce fan base, Rahmani said. Attorneys, judges, and jurors involved in Trump's myriad other legal troubles have been the victims of vitriol that runs the gamut from online harassment to death threats.
Butler told CNN on Monday that he considered going public for months as he watched developments in the case. He said he ultimately agreed to an interview because he wanted to tell his side of the story so American voters were informed before the November election.
But the likelihood that the case goes to trial before the election is increasingly slim.
US District Judge Aileen Cannon is set to hear arguments on two of Trump's motions to dismiss the case on Thursday. The Supreme Court is expected to decide soon whether Trump can claim presidential immunity in the federal election-interference case against him, which could have sweeping effects on his other outstanding legal troubles.
A representative for Trump didn't immediately respond to a request for comment from Business Insider.