Trump and Co-Defendant Arraigned Again in Florida
On July 27, 2023, Special Counsel Jack Smith filed a superseding indictment in Florida federal court bringing new charges against Donald Trump and co-defendant Waltine Nauta in connection with the willful retention of national defense information and obstruction.
The superseding indictment also added a new co-defendant, Carlos De Oliveira, who is the head of maintenance at Mar-a-Lago. The new charges in the superseding indictment related to the attempted mutilation and destruction by all Defendants of surveillance footage in Mar-a-Lago showing the concealment of classified records Trump stole when he left office. The superseding indictment also states that the classified documents Donald Trump was showing to strangers at Bedminster included war plans relating to Iran.
When a superseding indictment is filed, it amends and replaces the previously filed indictment and requires that defendants be arraigned and enter a plea again. However, as Trump elected to do on Thursday, a criminal defendant can, and often do, enter a stipulation with the government to waive another appearance for purposes of entering a plea again.
During Thursday’s arraignment both Trump and Nauta once again entered a not guilty plea. The third co-defendant in the criminal case, De Oliveira, who is represented by an out-of-state lawyer hired by Trump’s PAC, did not enter a plea and asked for a continuance informing the judge that he could not find another lawyer to represent him who is licensed to practice law in the State of Florida which is required to proceed. De Oliveira’s arraignment was continued to August 15.
Notably, De Oliveira’s failure to secure counsel by the time of his arraignment is similar to what happened with Trump’s other co-defendant Waltine Nauta who obtained two continuances of his original arraignment.
It is worth considering that this appears to be part of a coordinated delay tactic.