Legal Misrepresentation: Special Counsel Admits Fault in Document Case Against Former President Trump

  • by:
  • Source: Wayne Dupree
  • 08/02/2023
In the case involving the classified documents against former President Donald Trump, the special counsel Jack Smith's team admitted that they had misrepresented the legal requirements for the disclosure of evidence. 

Prosecutors discovered that video used as evidence "had not been processed and uploaded to the platform established for the defense to view" when they were getting ready to indict Mar-a-Lago property manager Carlos De Oliveira last week for allegedly conspiring with Trump to delete surveillance footage from the estate, Smith's team wrote in a filing on Monday.

The prosecutors also stated that "the Government's representation at the hearing on July 18 that all surveillance footage the Government had obtained prior to the indictment had been produced was incorrect."

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According to Smith's team, the defendants have now received all CCTV footage that the government had been in possession of.

According to the so-called Brady rule, prosecutors must reveal all information and proof that is helpful to the defendant.

In an earlier statement this week, Trump said he voluntarily turned the tapes over to law enforcement and denied erasing any at his Florida residence. He entered a not guilty plea to all 37 charges in the case involving the classified documents; however, after De Oliveira was added to the indictment last week, three new charges were filed against him.

The federal election investigation that led to Trump's indictment on Tuesday is separate from the case involving classified documents.


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