Jack Smith Forced to Inform Court He Failed to Turn Over All Evidence to Trump Legal Team – Made 'Incorrect Representation'
Special counsel Jack Smith’s team admitted in a Monday court filing that his staff did not turn over all evidence to former President Donald Trump’s legal team, despite previously claiming that they had.
Smith has brought a total of 40 counts against Trump, accusing him of unlawfully retaining classified documents after leaving office and lying to the government about handing over all documents.
On July 27, Smith’s team filed a “superseding indictment” which further accused Trump of instructing his security staff to delete security tapes from his Mar-a-Lago resort only a couple of months before the FBI raided the Florida residence, Newsweek reported.
Others named in the indictment include Mar-a-Lago property manager Carlos De Oliveira and Trump aide Waltine “Walt” Nauta.
According to prosecutors, it was De Oliveira who told a Mar-a-Lago employee that “the boss” wanted a security server erased.
JUST IN: Donald Trump accuses special counsel Jack Smith of “prosecutorial misconduct” as he flat out denies the accusation that he told his head of maintenance to delete security footage.
According to the indictment, head of maintenance Carlos De Oliveira told an employee that… pic.twitter.com/ZfH7I1mQs3
— Collin Rugg (@CollinRugg) July 30, 2023
Now, it appears that Smith is the one withholding security footage.
In a July 31 court filing, Smith’s team admitted that they failed to upload video footage taken from Mar-a-Lago to an online platform where Trump’s defense team could review it, as required by law, according to Newsweek.
“On July 27, as part of the preparation for the superseding indictment coming later that day and the discovery production for Defendant De Oliveira, the Government learned that this footage had not been processed and uploaded to the platform established for the defense to view the subpoenaed footage,” read the filing.
It continued: “The Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced was therefore incorrect.”
The Brady rule is a legal standard that requires the prosecution to provide the defense with any exculpatory information that will be brought against them in court.
Prosecutors MUST NOT WITHHOLD EVIDENCE that can be exculpatory. The rule was crystallized in Brady v. Maryland, a 1963 Supreme Court decision.
“Suppression by the prosecution of evidence favorable to an accused who has requested it VIOLATES DUE PROCESS where the evidence is…
— Chuck Callesto (@ChuckCallesto) March 12, 2023
Smith’s team acknowledged this in last week’s court filing, writing: “The Government is aware of its continuing duty to disclose such newly discovered additional information.”
When Smith’s team first announced the superseding indictment, Trump’s campaign responded by calling it a “desperate and flailing attempt” to prevent the former President from running for office again in 2024, the Epoch Times reported.
“Deranged Jack Smith knows that they have no case and is casting about for any way to salvage their illegal witch hunt and to get someone other than Donald Trump to run against Crooked Joe Biden,” his campaign said at the time, according to the Times.
Trump on Truth Social:
“IF YOU COME AFTER ME, I’M COMING AFTER YOU!” pic.twitter.com/iByibOGhbX
— Charlie Kirk (@charliekirk11) August 4, 2023
Trump is currently the top contender for the Republican presidential nomination, with most polls showing him far ahead of competitors like Florida Gov. Ron DeSantis and former Vice President Mike Pence.
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