Discovery is part of the trial phase, not GJ phase. Due Process of law is mandatory during trial phase. If Jack Smith got caught withholding exculpatory evidence, it does not matter why he withheld it, he was required to turn it over to the defense (who would then make their own determination on whether to use it and argue it at trial or not.) Its not Jack Smith’s call. From what I understand, the J6 video was made available to the defendants (but not actually turned over to them) and it was thousands of hours long. With trial dates coming down fast, I don’t think many defense counsel even would have had time to review even 1/10th of it, if any, so alot just didn’t bother even looking.
Sounds like the Feds found a way to go through the motions of discovery requirements without providing a real opportunity (for lawyers appointed by the court, i. e. without an unlimited budget) to determine whether they could use the video. Personally, I suspect the deep state would be tempted to hide some evidence from everybody, possibly including the judges. We are still trying to get records from the JFK era.