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Jack Smith Forced to Inform Court He Failed to Turn Over All Evidence to Trump Legal Team – Made 'Incorrect Representation'
Western Journal ^ | August 5, 2023 | Carson Choate

Posted on 08/05/2023 12:02:29 PM PDT by george76

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.

...

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.

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.

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


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: brady; bradyrule; dojweaponization; donatedonaldtrump; donatetrump; exculpatory; exculpatoryinfo; fakenews; harassment; jacksmith; meanslittle; persecution; securityfootage; trumpcult; trumppersecution; trumpstillguilty; tyranny; warontrump; weaponizeddoj; withholding
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To: chopperk

The judge is even DIRTIER THAN SMITH !


61 posted on 08/05/2023 1:37:06 PM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: george76
This is one of many many reasons why we’re done talking. If you don’t know by now they have fired off the first shot and Trump was right you come after him he’s going after you …74 million. They hate our guts! And that pipsqueak piece of shit evil RINO munchkin Wilson, he better watch out because his words can boomerang up his ass. Think about that!

Rick Wilson @TheRickWilson · Follow We’re coming after you, @realDonaldTrump. We’re going to break you, humiliate you, defeat you at the ballot box, shatter your movement. You’ll spend your sorry last years weeping in a lonely prison cell, your hideous legacy a warning to future generations, your shame eternal.

62 posted on 08/05/2023 1:37:59 PM PDT by RoseofTexas
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To: kiryandil
"Jack" *SS Smith?

Hee Haww! Hee Haww! Hee Haww!

Still More #Dem_Insanity!

63 posted on 08/05/2023 1:39:36 PM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: george76

If Smith gets 40 counts tossed for prosecutorial misconduct, the left will eat him alive!


64 posted on 08/05/2023 1:44:54 PM PDT by pacificus
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To: george76

65 posted on 08/05/2023 1:50:06 PM PDT by budj (Combat vet, second of three generations.)
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To: george76
Here is the question to ask your friends who aren't convinced that this case is a railroad job:

If Trump really is guilty or a threat, why does the prosecutorial team not have its feces in one sock? This is the sort of thing that gets cases dismissed.

Clearly, the goal of the case is not to secure a conviction that will stand up on appeal--it is to interfere with the election.

66 posted on 08/05/2023 1:51:16 PM PDT by Lysandru
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To: george76

Dismissed with prejudice would be just, here.


67 posted on 08/05/2023 1:55:12 PM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: pacificus
If Smith gets 40 counts tossed for prosecutorial misconduct, the left will eat him alive!

Can we get that on pay per view?

68 posted on 08/05/2023 2:00:18 PM PDT by null and void (Intelligence has limits, while gullibility doesn't. ~ SunkenCiv)
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To: george76

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.>>> I wonder what statute Trump violated by erasing his own tapes. I do it all the time to make space for new stuff. There is a federal law that says you can’t erase your personal security tapes. sure.. The Judge should just ask what was actually illegal here.


69 posted on 08/05/2023 2:05:23 PM PDT by kvanbrunt2
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To: pacificus
If Smith gets 40 counts tossed for prosecutorial misconduct

That's not going to happen. The judge has already made her decision on all counts. Smith might get a finger wagged at him for his "honest mistake", or some underling might get thrown under the bus, but nothing else will come of this.

70 posted on 08/05/2023 2:08:18 PM PDT by HartleyMBaldwin
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To: george76

Prosecutorial Malfeasance is a high crime, is it not?


71 posted on 08/05/2023 2:11:15 PM PDT by fella ("As it was before Noah so shall it be again," )
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To: Sacajaweau

“If it proves nothing, it becomes part of the defense. All those attorneys and it got overlooked. It must be listed as an exhibit...and Trump’s lawyers caught it.

I’d saay that the prosecution forgot to take it out of the suit.

Did the Grand Jury see what was missing?”

Absolutely, and good question...


72 posted on 08/05/2023 2:12:07 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: MayflowerMadam

All the more reason people should listen to him. He’s obviously not being partisan.


73 posted on 08/05/2023 2:19:37 PM PDT by firebrand
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To: Tadhg

I’m leaning that direction as well. He definitely seems much more preoccupied about it than he should.


74 posted on 08/05/2023 2:29:42 PM PDT by matt04 ( )
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To: firebrand

Right.


75 posted on 08/05/2023 2:33:04 PM PDT by MayflowerMadam
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To: ConservativeInPA
"People really need to put themselves in Trump’s shoes and ask if it is fair."

Sad thing is, I've said the same to some anti-Trumpers here who can't understand why Trump can't move on. They don't see anything that has happened to Trump these past 8 years, as connected to them. And that's sad, because everything they've done to Trump, they've done to us. It's affected us, and the country as a whole.

I don't know if it's because I'm old...I'll be 76 next week, but when I was a kid, my mother harped on one thing, and that was to put ourselves in the other person's shoes first, before saying anything you might be sorry for afterwards, or coming to a conclusion about someone because you can't see the situation from the position of the person being singled out. That went for anyone who had a disability of any kind, didn't have the financial means to dress like everyone else...any time that you came across someone who was different than you. We were taught that we were no better than anyone else, and to treat everyone the same. Today, most people today don't have the capability of seeing things from the other side, and they don't have common sense either.

We never had a car when I was growing up, so I'm sure people might have judged us as poor. I hope they didn't judge my father as not being able to provide for us, because he certainly did. He spent 50 years working as a laborer and track foreman for the NY Central Railroad. We never went hungry, and we didn't wear rags. A car back then was a luxury, not a necessity. We either walked, or took the bus to get where we needed to go. We didn't begrudge our parents for not owning a car, or being able to teach us how to drive. Today, when a kid turns 16, practically the first thing they want to do is get their license, and for their parents to buy them a car. It's an instant-gratification world out there today. And you don't even have to work to get what you want. You can just forcibly take it from someone else without having to worry about being punished for it.

76 posted on 08/05/2023 2:42:29 PM PDT by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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To: george76

So failed to provide information to the defense.
Not just any defense, but former POTUS legal team.
That’s not a mistake, that’s a choice.

I would toss his entire case if I were the judge for misconduct. It’s not like it’s his first time.


77 posted on 08/05/2023 2:44:33 PM PDT by Pete Dovgan
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To: Sarah Barracuda

Should lose law license, gun dealers lose their licenses for typos.


78 posted on 08/05/2023 2:49:40 PM PDT by Colt1851Navy (What was wrong with Nixon?)
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To: mass55th

Happy early birthday. By the way, you can avoid growing old by having selective dementia. I’ve completely forgotten about my birthday.


79 posted on 08/05/2023 2:50:48 PM PDT by ConservativeInPA (The Delay Trump’s trial, delay. Elect Trump President. Trump pardons himself. )
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To: ConservativeInPA
"Happy early birthday. By the way, you can avoid growing old by having selective dementia. I’ve completely forgotten about my birthday."

LOL!! Thanks for the birthday wishes. I've tried forgetting, but my two sons keep reminding me every year.

80 posted on 08/05/2023 3:02:53 PM PDT by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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