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Defense filing in Mar-a-Lago case says the government cannot criminalize ‘literally-true’ statements even if they misled FBI agents
Law & Crime ^ | 5/25/24 | Colin Kalmbacher

Posted on 05/25/2024 3:59:03 PM PDT by Libloather

One of the co-defendants in the Mar-a-Lago classified documents case would like to modify a February motion to dismiss the indictment in light of what they say is a new argument by the government.

In a three-page notice of supplemental authority filed Friday, attorneys for Waltine “Walt” Nauta, former President Donald Trump’s personal valet, say the government recently shifted the statutory authority relied on for count 38 of the superseding indictment.

In turn, the defense says, they are providing additional citations that deal with the statutory change. The notice argues, relatively tersely, that special counsel Jack Smith and his team have made the change in a way that is detrimental to the government’s case on count 38.

Count 38 of the indictment, however, is not specifically charged against Nauta, but instead, Trump, over three allegedly false statements made to the FBI about boxes and the documents inside them.

According to Nauta’s notice, the government has shifted its legal theory (and burden) about principal-agent liability.

To hear the defense tell it, the original charge used a version of aiding and abetting liability. The filing goes on to argue that the apparently new theory being put forward by prosecutors is simply a bridge too far because it only encapsulates actual criminal activity.

The statute at issue reads:

(Excerpt) Read more at lawandcrime.com ...


TOPICS: Business/Economy; Conspiracy; History; Local News
KEYWORDS: bananarepublic; criminal; donate; fib; government; maralago; nauta; noticeme; tightwad; true
Moving the goalposts?
1 posted on 05/25/2024 3:59:03 PM PDT by Libloather
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To: Libloather

Could some kindly freeper lawyer translate please?


2 posted on 05/25/2024 4:33:11 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: Libloather
...over three allegedly false statements made to the FilthBI...

fixed it.

The Friends of Biden, Inc.


3 posted on 05/25/2024 4:35:56 PM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
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To: Libloather

Nauta’s attorneys are doing all the heavy lifting in that case. I am disappointed in Trump’s attorneys.


4 posted on 05/25/2024 5:11:05 PM PDT by Fido969 (Y of ma)
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To: Fido969

Sounds like the DNC legal mi do are using similar circular logic up in NYC where the judge gas directed the jury not actually find a process crime to convict. This is Joe. BIDEN trying Trump via the White House legal team.


5 posted on 05/25/2024 6:15:36 PM PDT by Jumper
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To: Libloather

In the People’s Republic of Amerika with Lavrenti Garland at DOJ, the regime can criminalize anything it wants. Is that lawyer looking for a trip to an internment camp?


6 posted on 05/25/2024 9:32:58 PM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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