A longtime Mar-a-Lago employee and key witness in special counsel Jack Smith’s case spoke out publicly on Monday, potentially complicating the government’s case.
Brian Butler, who is referenced as “Trump Employee 5” in Smith’s indictment, told CNN on Monday that he has spoken to prosecutors multiple times and said “this is not a witch hunt.”
Butler told CNN that he unknowingly helped Trump co-defendant Walt Nauta deliver boxes of classified documents from Mar-a-Lago to Trump’s plane the same day Trump and his lawyer met with the Justice Department about the classified documents. Butler is referenced six times in the indictment.
Butler said he was frustrated with Trump going “up there all the time and say the things he says about ... this being a witch hunt and everything.”
“He just can’t take responsibility for anything,” Butler said.
“Why are you speaking out publicly with your story now?” CNN’s Kaitlan Collins asked Butler.
“Over the course of the last year, emotionally it’s been a roller coaster. A couple of weeks ago, Judge Cannon says she’s going to release the names of the witnesses… and instead of just waiting for it to come out I think it’s better to at least say what happened than it coming out in the news, people calling me crazy. I’d rather just get it out there.”
Collins: Why are you speaking out publicly with your story now?
— Acyn (@Acyn) March 12, 2024
Butler: It's been a roller coaster, a couple of weeks ago with Judge Cannon says she's going to release the names of the witnesses… pic.twitter.com/dClLpbNNYK
National security attorney Bradley Moss tweeted that the episode shows Cannon’s “actions have consequences.”
“Concerns that Judge Aileen Cannon in the Mar-a-Lago prosecution is about to release the names of the government's witnesses led a key one to come forward publicly today,” added former U.S. Attorney Joyce Vance. “As a former prosecutor, it's hard to express how disturbing this is on multiple levels.”
Moss noted that Smith’s team cannot be happy about Butler’s interview.
“You don't want pre-trial publicity from witnesses, especially because it can be used to impeach them if their story isn't consistent,” he wrote.
"It's additional evidence that can be used during cross-examination," former federal prosecutor Neama Rahmani told Business Insider. "Or it gives the defense a preview of what they'll say at trial, giving them time to prepare."
National security attorney Mark Zaid tweeted that it’s “unfortunate” for prosecutors but “given incredible importance surrounding Trump's classified doc prosecution & repeated court delays, probably for better.”
Former Mueller prosecutor Andrew Weissmann agreed that it’s “usually not great for the prosecution” for a witness to go public “but as this case is not going to happen before the election, this is not so bad for the public to hear.”
Weissmann said that Butler’s allegations are “direct evidence of dissemination of classified information by Trump. And of obstructive conduct.”
CNN legal analyst Elie Honig explained on Monday that “this type of witness is gold for prosecutors.”
“First of all, this person has insider access. He’s literally inside the room… He’s there when boxes are being loaded onto the plane. And one of the challenges for prosecutors here is explaining exactly where these documents were moved, and when, and by whom. And this person can give us exactly why,” Honig said.
“Second of all, he’s a person who appears to be unbiased,” he continued. “He doesn’t seem to have any reason to have an axe to grind with Donald Trump… He’s a longtime two decades-long employee of Donald Trump and the Trump Organization. Just based on the snippet that we just saw, he does not appear to be angry or resentful towards Donald Trump.”
Honig added that Butler’s testimony is “well-supported, corroborated by documents, by certain text chains that are referenced in the indictment, and by testimony of some of the defendants themselves.”
“So this is really the kind of witness that you want to build around as a prosecutor,” he said.
