If the DOJ decides to bring criminal charges against President Trump for what they claim they recovered during the search, are they required by law to share the original affidavit with his defense team? I'm assuming there is a court decision covering that, and personally, I believe they would have to provide it to the defense, as they are required to turn over exculpatory evidence to the defense.
Yes they are.
Discovery
First court date…..set bond, etc
Second court date….Suppression hearing where the defense has had time to go through everything. Especially the search warrant. If they show that the warrant is bad, info is bad, they exceeded the scope of the warrant, they try to get warrant tossed as everything is…..fruit of the poisonous tree.
If that happens…..case dismissed.
are required to turn over exculpatory evidence to the defense.
Forgot about this. Yes they are. DOJ has a rep for NOT doing exactly that
Peruse what happened to asen Ted Stevens. DOJ knew he was innocent. Withheld exculpatory evidence. What happened to the US attorneys that prosecuted him? Nothing.
Just like Clinesmith being able to keep his law license even though he committed perjury.