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JUST IN: Jack Smith Forced To Admit Major Legal Mistake In Classified Documents Case

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1 year ago

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Special Counsel Jack Smith’s team was forced to admit in court that they did not turn over evidence to the Trump legal team as required by law according to Just the News. This relates to evidence regarding Jack Smith’s first indictment of Trump over Mr. Trump’s possession of documents and not the recent second indictment over January 6th. Jack Smith accused Donald Trump and Mar-a-Lago property manager Carlos De Oliveira of conspiring to delete surveillance footage in his indictment.

Smith’s team claimed in their court filing that the CCTV footage from Mar-a-Lago “had not been processed and uploaded to the platform established for the defense to view” and admitted that ” [t]he Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced [to the defense team] was therefore incorrect.” The Brady rule requires that the government discloses all the exculpatory evidence and information to the defense.

They now claim that all material related to the CCTV footage had now been forwarded to the defense. Still, Smith’s team apparently attempted to block the defense’s ability to review the footage by making it time limited.

On that score, journalist Julie Kelly wrote, “This is my favorite argument from Smith’s team so far. Indictment discusses how Team Trump moved boxes and classified docs for more than a year but now DOJ advises defense team to only look at a few days from total archive.” Kelly revealed that “Luckily Judge Cannon said–um I don’t think so.”

Smith’s team also admitted in a court filing to the court dating from July 18th that “all of the CCTV footage was obtained through the date of the indictment.” On that point, Julie Kelly wrote “[a]dding to this Jack Smith’s misrepresentation to Judge Cannon last month” referring to Smith’s pivot to charging Trump for conspiracy to delete footage.

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While legal analysts like Joel Pollack of Breitbart News call this whole affair “ironic“, there is another layer of irony that Pollack does not touch on in his article. Jack Smith is fundamentally indicting Trump for failing to turn over documents to proper governmental authorities yet Smith’s own department has been unlawfully leaking documents, materials, and information to news outlets. In effect, Jack Smith cannot protect the sensitivity of his own legal investigation and the materials attached therein.

A past victim of Smith’s prosecutorial misconduct, former governor Bob McDonnell (R-VA), called the prosecutor “overzealous” and that “he doesn’t do an honest look at the law to see if the facts apply to the law…He would rather win than get it right. I think maybe that’s some of the influence we see now in some of the decisions he’s making in the current cases.” In McDonnell’s case, Smith’s prosecution of the former governor was unanimously rebuked by the Supreme Court.



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