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Trump Lawyers Ask Judge to Dismiss Documents Case Over Moved Evidence
The Epoch Times ^ | June 12, 2024 | Jack Phillips

Posted on 06/12/2024 3:40:48 PM PDT by E. Pluribus Unum

Prosecutors have contended that even though materials were reordered, the boxes still contain the same evidence as when they were taken from Mar-a-Lago.

Former President Donald Trump this week filed a motion to dismiss his classified documents case, claiming that officials altered exculpatory evidence.

Prosecutors several weeks ago disclosed that the order of materials inside boxes of evidence was moved around.

A motion filed by his attorneys late on June 10 asks U.S. District Judge Aileen Cannon to scrap the case, which alleges that the former president illegally hoarded classified and top secret materials after leaving office in early 2021.

Story continues below advertisement

The “original order of documents within the boxes” was not preserved after they were obtained, the motion says.

“There are no photographs or logs documenting the nature in which the allegedly classified documents were commingled with personal effects and out of plain view,” his attorneys continued, adding that the evidence ”was materially exculpatory” about allegations that President Trump violated the Espionage Act.


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


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
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To: E. Pluribus Unum

interesting.

I see it as “Immersive Reader” (F9) on MS Edge. Don’t see it on Google Chrome.

thanks.


21 posted on 06/12/2024 5:25:56 PM PDT by Brown Deer
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To: butterdezillion

That seems to be the size of it.


22 posted on 06/12/2024 5:28:53 PM PDT by Rockingham
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To: E. Pluribus Unum

I think part of Trump’s defense was the docs were not touched after they left custody of the National Archives personnel. The fact that the Jack Ass prosecutors shuffled the docs destroys a chance for that defense.


23 posted on 06/12/2024 5:35:42 PM PDT by Fido969
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To: butterdezillion
So are they trying to claim that Trump hid classified records in files marked as unclassified?

I think the Trump team, when they said “There are no photographs or logs documenting the nature in which the allegedly classified documents were commingled with personal effects..." and "the evidence ”was materially exculpatory,” was alleging that the fact that documents marked classified were packed along with personal items means that President Trump had declassified those documents according to the Presidential Records Act and had them stored along with his other personal effects.

By changing the order of documents and potentially moving classified documents to boxes that contained no personal effects because they didn't know which documents went with which placeholders, the exculpatory nature of commingled documents is no longer there.

-PJ

24 posted on 06/12/2024 5:36:47 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: E. Pluribus Unum

CHAIN OF EVIDENCE BROKEN


25 posted on 06/12/2024 5:52:53 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: Paladin2

WE DON’T


26 posted on 06/12/2024 5:53:40 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: Bob Wills is still the king

According to most accounts-and the court filing-that was not done-ay, que sorpresa. So that excuse is in the toilet, along with a few pieces of evidence...


27 posted on 06/12/2024 5:57:13 PM PDT by Texan5 ("You've got to saddle up your boys, you've got to draw a hard line"...)
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To: butterdezillion

National Archives refused to take boxes Trump sent them.....

Put them back into an outdoors courtyard at the WH, IIRC.


28 posted on 06/12/2024 6:09:44 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: butterdezillion

The checks that were written after Jan 20, 2021 were done so under the operations of Don Trump, JR & Eric Trump.

Don SR had turned over running the businesses to those 2, when sworn in.

Signatures could have been “electronic” signatures.


29 posted on 06/12/2024 6:11:52 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: Texan5

Judge Cannon scheduled three pretrial hearings for late June but has postponed the submission of evidence in the classified documents case until at least next month as she considers motions.
There has been no trial date set for former President Trump or the two co-defendants in the case—Walt Nauta and Carlos de Oliveira.


30 posted on 06/12/2024 6:12:18 PM PDT by Bookshelf
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To: E. Pluribus Unum

Tampered evidence.


31 posted on 06/12/2024 6:25:04 PM PDT by PTBAA
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To: Political Junkie Too

That makes sense.

Any way you slice it, their bungling of the evidence renders it inadmissible because of the exculpatory evidence that was lost AND because the chain of custody for individual documents has not been documented and certified.

I would think these are “mistakes” that entry-level investigators would not even make. Seems almost as if they were deliberate and necessary because they planted the “evidence” themselves.


32 posted on 06/12/2024 6:25:37 PM PDT by butterdezillion
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To: ridesthemiles

That is the epitome of putrescence.

They wouldn’t accept the boxes Trump gave them, put them in a totally unprotected area, referred Trump for prosecution because he didn’t give them to them, somebody delivered the boxes to Trump, then without any evidence that Trump even knew what was in the boxes claimed he had national security documents illegally, and even while Trump was cooperating and gave them access to see anything made a criminal referral to the FBI.

The FBI went in with guns blazing, would not allow anybody to observe what they did, took documents, didn’t document what they took, and then tampered with that evidence as they were later forced to admit.

Un-stinking-believable!!

This is what non-turd-world countries try to teach turd-world countries NOT to do in their law enforcement system.


33 posted on 06/12/2024 6:32:30 PM PDT by butterdezillion
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To: butterdezillion
I would think these are “mistakes” that entry-level investigators would not even make. Seems almost as if they were deliberate and necessary because they planted the “evidence” themselves.

These "mistakes," if they are mistakes as you suggest, are a direct result of Jack Smith appealing Judge Cannon's ruling in favor of a Special Master to first review the documents to separate out the classified documents.

Smith appealed the ruling because he wanted to speed up the case and felt the Special Master would slow things down too much for his schedule. Cannon ruled that Smith must stop reviewing the documents until after the Special Master first reviewed the documents. Smith appealed and had Cannon's order overturned.

And this was the eventual result.

-PJ

34 posted on 06/12/2024 6:38:08 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Rockingham; butterdezillion

https://archive.ph/tkbhv


35 posted on 06/12/2024 6:39:47 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Fido969; All
They want it both ways: They want to force Trump to take possession of classified documents, implicitly admitting he owns them, then they want to prosecute him for possessing the very documents they forced him to take possession of and implicitly admitted he owned.


36 posted on 06/12/2024 6:55:07 PM PDT by E. Pluribus Unum (The worst thing about censorship is █████ ██ ████ ████ ████ █ ███████ ████. FJB.)
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To: Rockingham

The government has already admitted that they brought the cover sheets that were marked “classified” with them to Maralago and placed those with the documents that did not have such cover sheets, before posing them on the floor for the photos they leaked to the press.


37 posted on 06/12/2024 7:03:22 PM PDT by Boogieman
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To: Fido969
"In other rulings, the judge has scrapped arguments from the Trump team that suggest he was authorized under the Presidential Records Act to retain the classified documents after leaving the White House."

Hello!   This sounds like Cannon is not going to allow PRA arguments!
ALERT!   ALERT!
That's gotta make Smith jump for joy!

38 posted on 06/12/2024 7:59:08 PM PDT by rx
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To: Political Junkie Too

So Cannon wanted to make sure that the evidence was handled properly and ordered a Special Master to review the documents. Smith got her order overturned and promptly screwed up the evidence so badly that none of it should be admissible.

Is that about right?


39 posted on 06/12/2024 8:48:16 PM PDT by butterdezillion
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To: butterdezillion
Pretty much, yes.

-PJ

40 posted on 06/12/2024 8:58:46 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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