In a significant development in the Mar-a-Lago case involving former President Donald Trump, a Florida U.S. District Judge has ordered the release of several pretrial motions submitted by Trump’s attorneys. Among these is a motion to dismiss filed in February, accusing special counsel Jack Smith of “selective and vindictive prosecution.” This move sheds light on the defense team’s strategy to argue that the steps taken by Smith, the FBI, and the National Archives to obtain classified documents violated Trump’s civil liberties.
Investigative reporter Julie Kelly first noticed this development, noting previous instances where Judge Cannon ordered the unsealing of documents in the case. Trump’s attorneys specifically reference Smith’s attempts to withhold “15 boxes” of classified documents containing national secrets.
Judge Cannon previously criticized the Biden prosecutor for advancing a “broad and unconvincing theory” about why Trump should not have access to the evidence against him. Trump’s defense aims to demonstrate that Trump’s retention of documents from his time in the White House did not jeopardize national security.
Allegations have also surfaced regarding Smith’s alleged efforts to bias a grand jury. Former Trump attorney Timothy Parlatore recounted his experience before the grand jury, highlighting attempts by DOJ prosecutors to imply guilt by exploiting Fifth Amendment and attorney-client privileges.
Last week, a Trump-appointed federal judge ordered the unsealing of records sought to be kept secret by Smith. These records detailed a conversation between a defense attorney for a Trump codefendant and Justice Department prosecutor Jay Bratt. The conversation allegedly involved threats to sabotage a judicial nomination for attorney Stanley Woodward if he didn’t withdraw from representing Walt Nauta.
Another disclosure ordered by Judge Cannon appears to reveal a “criminal” conspiracy between the DOJ and the National Archives. In late September 2021, Deputy White House Counsel Jonathan Su intervened when Gary Stern, general counsel for the National Archives, attempted to provide a copy of notes to Trump’s representative, highlighting potential irregularities in records-gathering efforts.
These developments underscore the intensifying legal battle surrounding Trump’s Mar-a-Lago case and the complexities surrounding the handling of classified documents and legal procedures.
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