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Special Counsel Jack Smith’s 37-count indictment of former President Trump reportedly does not include his holding on to a secret Pentagon document with plans to attack Iran.

The document and an audio recording of an interview Trump gave at his Bedminster, New Jersey, resort in July 2021 were described in Smith’s indictment but the former president was not charged with holding onto the memo, sources tell CBS News. 

Former President Donald Trump arrives at Trump Tower

FILE: Former President Donald Trump arrives at Trump Tower, Monday, April 3, 2023, in New York. Trump arrived in New York on Monday for his expected booking and arraignment the following day on charges arising from hush money payments during his 2016 campaign.  (AP Photo/Yuki Iwamura)

TRUMP REACTS AFTER LEAKED RECORDING SHOWS HIM DISCUSSING CLASSIFIED DOCS

The 2021 audio recording at the heart of the indictment which was leaked and appeared in media this week appeared to undermine Trump’s claim that he didn’t have such documents, only magazine and newspaper clippings.

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Trump was indictment earlier this month on 37 federal counts, including willful retention of national defense information, conspiracy to obstruct justice and false statements, according to an unsealed copy of the indictment obtained by Fox News.

This is a developing story. Check back for updates. 

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