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Special Counsel Jack Smith’s team has admitted to incorrectly stating they had turned over evidence as required by law in the classified documents case against former President Donald Trump.

Prosecutors uncovered that the video used as evidence “had not been processed and uploaded to the platform established for the defense to view” when they were preparing to indict Mar-a-Lago property manager Carlos De Oliveira for allegedly conspiring with Trump to delete surveillance footage from the estate, Smith’s team wrote in a filing.

“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 prosecutors added.

According to Smith’s team, all CCTV footage obtained by the government has now been given to the defendants. The so-called Brady Rule requires prosecutors to disclose all evidence and information favorable to the defendant.

Trump entered a not-guilty plea to allegations that he attempted to rig the 2020 election.

Last month, Smith filed a superseding indictment against Trump, which included new charges related to the willful retention of national defense information and obstruction.

The prosecutors alleged that Trump and his aides instructed a staff member at Trump’s Mar-a-Lago home in Florida to delete security camera footage deliberately, with the intention of preventing evidence from being presented to a federal grand jury.

However, Trump denied the allegations categorically and stated he ensured his legal team handed over any requested security footage unaltered.

“Mar-a-Lago security tapes were not deleted,” Trump wrote on TRUTH Social. “They were voluntarily handed over to the thugs, headed up by deranged Jack Smith. We did not even go to court to stop them from getting these tapes. I never told anybody to delete them. Prosecutorial fiction & misconduct! Election interference!”

In a subsequent post, he compared the current allegations against him to the “Russia, Russia, Russia” hoax.

“They knowingly accuse you of a fake crime, a crime that they actually make up, you fight these false charges hard, and they try and get you on ‘obstruction.’ We are dealing with sick and evil people!” he added.

In a separate case, Trump was again indicted by Smith stemming from his investigation into the riot at the U.S. Capitol on Jan. 6, 2021.

According to Fox News, “This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.”

Trump faces multiple charges in the investigation, comprising deliberate retention of national security information, conspiracy to impede justice, and false statements. In addition, a superseding indictment was issued in connection with the same investigation which charged him with three additional counts.

Last week, prosecutors from Smith’s team requested that a limited gag order be imposed on Trump as he has continued to launch “a sustained campaign of prejudicial public statements” against witnesses, prosecutors, and others since their initial request for a gag order three weeks ago, according to The New York Times.

U.S. District Judge Tanya S. Chutkan, who is overseeing Trump’s Jan. 6 case, has not yet ruled on the request made three weeks ago; however, prosecutors have included statements made by the former president against people like former Vice President Mike Pence, a possible witness, in their argument.

What is not taken into consideration by prosecutors is that the former vice president may be a potential witness as well as one of the former president’s opponents in the race for the Republican presidential nomination.

The Times reported:

The filing noted that Mr. Trump had lashed out at another witness in the case, “the former attorney general” — an apparent reference to William P. Barr — saying he had not done his job after the election “because he was afraid of being impeached.”

Moreover, prosecutors cited a menacing message that Mr. Trump posted on his social media site last week about Gen. Mark A. Milley, the outgoing chairman of the Joint Chiefs. After General Milley gave several interviews that were critical of Mr. Trump, the former president suggested that he had committed treason and that in the past he might have faced execution.

“No other criminal defendant would be permitted to issue public statements insinuating that a known witness in his case should be executed,” prosecutor Molly Gaston said. “This defendant should not be, either.”

Smith’s prosecutors also claimed that the former president had “either purchased a gun in violation of the law and his conditions of release or sought to benefit from his supporters’ mistaken belief that he did so,” in reference to a campaign stop at a gun store where he supposedly wanted to purchase a firearm, but aides said he never made the purchase.

“He demands special treatment, asserting that because he is a political candidate, he should have free rein to publicly intimidate witnesses and malign the court, citizens of this district, and prosecutors,” the prosecutor said. “But in this case, Donald J. Trump is a criminal defendant like any other.”

Defense attorneys for the former president issued a scathing response to the initial gag order request on Tuesday, accusing Smiths’ prosecutors of using “inflammatory rhetoric” that “violated longstanding rules of prosecutorial ethics.”

“Following these efforts to poison President Trump’s defense, the prosecution now asks the court to take the extraordinary step of stripping President Trump of his First Amendment freedoms during the most important months of his campaign against President Biden,” defense attorney Gregory M. Singer said.  “The court should reject this transparent gamesmanship.”

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Doug Goldsmith

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27 comments

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  • What a LOAD of crap. This guy should be in jail. Talk about fraud he is a super big one just like all of these cases against Trump. I guess this is one way to delete your opponents. Welcome to WW2 Germany reruns. Never thought I would see crap like this in my lifetime.

  • Seems like it is Jack Smith who should be charged with obstruction of justice. It took him 3 months to own up to withholding evidence from the defense and produce the surveillance footage they have had for many months. Really? In my experience, it takes a couple of minutes to upload a file like that, not 3 months.

  • f course he did and we all knew it he was and will continue to throw anything and everything at the Trump wall and is praying that something sticks.

    • I believe it was William Shakespeare who first said, “The first thing we do is, let’s kill all the lawyers.” At least then we would get rid of most of the liars in this world. That would be a good start.

  • This is a classic example of prosecutorial misconduct. Mr. Smith should be dis-barred and charged criminally. This entire case against Trump was politically motivated and is an affront to the Constitution. This is what happens when you vote for Communists.

  • Jack Smith is a two-headed snake and would say any untruthful thing about President Trump that comes into his evil little brain even without any truth to back up what he’s saying. I wonder if he can sleep?

  • Jack Smith is a two-headed snake and would say any untruthful thing about President Trump that comes into his evil little brain even without any truth to back up what he’s saying. I wonder if he can sleep?

    To those censoring comments, NO, I have NEVER said anything about this snake.

  • President Trump has every right to purchase a firearm, and he also told the truth about the Traitor Milley, he should be executed, also the Communist Fraud court has absolutely, no Authority to strip President Trump of his 1st Amendment right.
    Just who the Hell do they think they are.? A 2nd Civil War should have started already, by the Communist Democrats aren’t afraid anymore, since they know they can continue to destroy everyone’s lives and the Constitution without worrying about the American people retaliation.
    The Communist Democrats have gotten away with so much Treason and High Crimes, Sedition and watched the American people let them get away with it

  • Today, 10/06/2023, the truth has prevailed about Jan 06, 2021. The Culprit in charge of the Mayhem is none other than the former Speaker of the House. The Multimillionaire Nancy Pelosi, who gave the Cap Police a light duty day off, invited Antifa and BLM gave them paid their expenses, bought Red Trump hats, ordered the fake pipe bombs, refused Trump’s offer of ten thousand National Guard and she even had her son- in- law and Daughter there with cameras all planned in advance. Her going away party for President Trump. When does she get arrested as many in W.D.C. knew that SHE CAUSED A RIOT? When do the innocent USA citizens get released from prison? When does JUDGE Chutkin get relieved from her Judgeship as she had to know what she was doing to innocent WHITE Citizens?

    • Libra
      Whatever you are smoking or sniffing go a lot lighter on it, because your hallucinations are better than a harrow movie.

  • Jino George and Alexander Soros Inc is funding ALL these crooks. Soros Snr is dead scared he will be returned to his native Hungary where he will die in jail for monstrous financial criminal acts committed in Europe.

  • When you have to cherry pick such a small thing when over whelming evidence against a former president who has broken so many laws and it is now disclosed, he told top secret information to an Australian businessman in the open area of Trump’s Florida estate where any foreign intelligence agent could have and probably did hear the information.
    As a former Republican who is now an Independent and a retired military member, how can anyone support such recklessness from someone just trying in my opinion to be important to others.

    • trebor, the only evidence of criminal acts is that pointiing to dementia joe!!!!! You are a brain dead libtard!!!!!!!!!!

    • Go suck up to your liberal buddies and STFU, ’cause you’re an embarrassment to the rest of us retired military patriots…

  • Evidence? This Slime Ball Criminal posing as a Lawyer “doesn’t need no Stinking Evidence” to “GET” Donald Trump! The Democrats have Weaponized Everything Including Our Justice System! Think about the Criminal Clintons and Obamas had their Law Licenses Revoked! I wonder WHY a large number of democrat politicians and their Operatives are Lawyers? I guess you need to KNOW the Law so you can be better at BREAKING IT!

  • This guy needs Fired immediately, prosecuted, prison time, and Trump needs to sue everybody that has harassed him since 2015, that includes politicians, judges, lawyers,

  • Jack Smith is little more than a shyster. His legal track record proves it. He gets caught in a lie and then has to try to cover it up. And he isn’t real good at it.

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