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Judge Halts Trump’s Classified Docs Trial After DOJ Admits To Evidence Tampering

  
Via:  Jeremy in NC  •  8 months ago  •  25 comments

By:   Brianna Lyman (The Federalist)

Judge Halts Trump’s Classified Docs Trial After DOJ Admits To Evidence Tampering
Judge Cannon halted Jack Smith's classified docs case against Trump indefinitely, days after the DOJ admitted it tampered with evidence.

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U.S. District Court Judge Aileen Cannon postponed Special Counsel Jack Smith's classified document lawfare case against former President Donald Trump indefinitely, days after the Department of Justice admitted it tampered with evidence.

Cannon issued an order Tuesday that announced the schedule for the "second set of pre-trial deadlines" to address evidentiary issues and arguments from the Trump team for dismissing the case. Missing from the schedule, however, was a new date for the trial, which was previously set to begin May 20.

"The Court also determines that finalization of a trial date at this juncture — before resolution of the myriad and interconnected pre-trial and CIPA [Classified Information Procedures Act] issues remaining and forthcoming — would be imprudent and inconsistent with the Court's duty to fully and fairly consider the various pending pre-trial motions before the Court, critical CIPA issues, and additional pretrial and trial preparations necessary to present this case to a jury," Cannon wrote in the order.

Cannon's order comes days after Smith admitted that federal prosecutors tampered with evidence in his case against Trump, which argues the former president mishandled classified documents. As independent journalist Julie Kelly pointed out on X, prosecutors admitted in a court filing Friday that some of the documents seized during the FBI's unprecedented raid on Mar-a-Lago are not in the same order in which they were found. Others may have been mislabeled or possibly misplaced entirely, as my colleague Tristan Justice noted.

Jack Smith confessed as much in yesterday's filing. He would not have but for Nauta's attorney busting DOJ for tampering with evidence.
Defense building evidence to support motion to dismiss on prosecutorial misconduct-which is pending before Cannon. pic.twitter.com/Igjh0VBmBj
— Julie Kelly (@julie_kelly2) May 4, 2024

The special counsel's office wrote in the Friday filing that a government "filter team" in charge of handling the boxes once they were in FBI possession "was not focused on maintaining the sequence of documents within each box."

The filing also states that items taken during the raid were scanned into records, but "there are some boxes where the order of items within that box is not the same as in the associated scans." A footnote for that sentence states: "The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court."

Smith indicted Trump in June 2023 for allegedly mishandling classified documents just one year after armed federal agents raided Trump's private Florida residence in search of said documents.

The DOJ, under President Joe Biden's leadership, declined to charge Biden for his own classified documents scandal after a special counsel decided it would be too hard to convince a jury that the aging president committed a "serious felony that requires a mental state of willfulness" because he is an "elderly man with a poor memory."


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Jeremy Retired in NC
Professor Expert
1  seeder  Jeremy Retired in NC    8 months ago

It's pathetic when the person investigating somebody for mishandling classified material admits to mishandling classified material.  

But many knew this was pathetic from the start.

 
 
 
Vic Eldred
Professor Principal
1.1  Vic Eldred  replied to  Jeremy Retired in NC @1    8 months ago

This morning the New York Times blamed the judge.

 
 
 
Jeremy Retired in NC
Professor Expert
1.1.1  seeder  Jeremy Retired in NC  replied to  Vic Eldred @1.1    8 months ago

So the judge forced Smith and is team if idiots to mishandle classified material.  That's a new level of stupidity.

 
 
 
Vic Eldred
Professor Principal
1.1.2  Vic Eldred  replied to  Jeremy Retired in NC @1.1.1    8 months ago

Exactly what I have come to expect from the New York Times, just like this story highlighting what I have come to expect from the FBI.

There are those who will not accept this story.

 
 
 
Jeremy Retired in NC
Professor Expert
1.1.3  seeder  Jeremy Retired in NC  replied to  Vic Eldred @1.1.2    8 months ago
There are those who will not accept this story.

Those people, generally, are referred to as imbeciles.  

 
 
 
Ronin2
Professor Quiet
1.1.4  Ronin2  replied to  Vic Eldred @1.1    8 months ago

Democrats and leftists aren't used to judges holding them to the letter of the law.

They are used to judges like Merchan that let Democrat AG/DA's and prosecutors make shit up as they go along; and silence defendants and their lawyers.

 
 
 
Vic Eldred
Professor Principal
1.1.5  Vic Eldred  replied to  Jeremy Retired in NC @1.1.3    8 months ago

I couldn't agree more.

 
 
 
Vic Eldred
Professor Principal
1.1.6  Vic Eldred  replied to  Ronin2 @1.1.4    8 months ago

You mean like the Biden donor presiding over the Dem persecution in NYC and the # 3 man at Biden's DOJ now prosecuting the case for the state of New York? Ya, I'd call that a stacked deck.

Here is the judge's latest decision via Byron York:

"Trump defense plans to call Smith as witness. But Judge Merchan has severely limited what Smith will be able to say. Has forbidden Smith from talking about whether FEC would consider Cohen/Daniels payment a campaign contribution or expenditure."

 
 
 
Ronin2
Professor Quiet
1.1.7  Ronin2  replied to  Vic Eldred @1.1.6    8 months ago

I heard that.

Judge can't have any evidence that will completely shut down the whole case come out. 

I am surprised the judge is allowing Smith to testify at all.

He is still running a kangaroo court. So rights, laws, and impartiality are all out the window already. Why bother with the pretense? 

It isn't like the jury gets to go home every night to listen to TDS driven media drool over what a conviction will mean. Democrats/leftists have already found him guilty for anything and everything. They are sick of waiting for their justice to be carried out.

 
 
 
Vic Eldred
Professor Principal
1.1.8  Vic Eldred  replied to  Ronin2 @1.1.7    8 months ago

Yesterday prosecution witness Stormy Daniels offered up an ironic statement. She admitted that she hated Trump. Once could argue that so does just about everyone else in that courtroom.

Judge Merchan let her go on for a full day and then said the jury may have to disregard much of what they saw and heard...

 
 
 
Sean Treacy
Professor Principal
2  Sean Treacy    8 months ago

After letting Biden, CLinton etc walk for the same crime, it was always preposterous that the DOJ threw the book at Trump.  From both a fairness perspective, and to help their naked political desire to interfere in the election, the DOJ should never have charged Trump for document possession and simply prosecuted him for obstruction, which was probably always their strongest case.  

 
 
 
Jeremy Retired in NC
Professor Expert
2.1  seeder  Jeremy Retired in NC  replied to  Sean Treacy @2    8 months ago
it was always preposterous that the DOJ threw the book at Trump

Merely dictator action trying to remove an opposing candidate.  You know, the same shit they CLAIM Trump would do.

the DOJ should never have charged Trump for document possession and simply prosecuted him for obstruction, which was probably always their strongest case. 

The precedent was set with Clinton.  That's what makes this preposterous.  Again merely dictator action.

 
 
 
Greg Jones
Professor Participates
 
 
George
Junior Expert
3.1  George  replied to  Greg Jones @3    8 months ago

There is nothing about the Biden administrations lack of integrity that surprises me anymore. The only thing that is worse are his enablers.

 
 
 
Sparty On
Professor Principal
3.2  Sparty On  replied to  Greg Jones @3    8 months ago

Absolutely unacceptable to real and true, thinking Americans.    Completely acceptable to angry and manipulative Marxists.

 
 
 
Tacos!
Professor Guide
4  Tacos!    8 months ago
prosecutors admitted in a court filing Friday that some of the documents seized during the FBI's unprecedented raid on Mar-a-Lago are not in the same order in which they were found.

Oh Lord. That is not remotely the same thing as admitting to evidence tampering. Evidence tampering has elements. An accidental rearrangement of documents that has no impact on the outcome of the case is not going to qualify as evidence tampering. Since Trump is charged with possessing a collection of documents that he wasn’t supposed to have, it hardly matters what order they were found in.

If prosecutors had admitted to anything, there wouldn’t still be motions pending on the matter.

Others may have been mislabeled or possibly misplaced entirely,

”May,” ? “Possibly” ?

as my colleague Tristan Justice noted.

Shit your friend made up isn’t proof of evidence tampering either.

 
 
 
Ronin2
Professor Quiet
4.1  Ronin2  replied to  Tacos! @4    8 months ago

So Smith's team is allowed to mishandle classified information and break chain of custody?

Sorry, this judge unlike the others is going to hold the prosecution to the letter of the law.

If Smith's team has nothing to hide they won't mind independent inspectors going through all of the seized documents and material.

 
 
 
Tacos!
Professor Guide
4.1.1  Tacos!  replied to  Ronin2 @4.1    8 months ago
So Smith's team is allowed to mishandle classified information and break chain of custody?

There will be a hearing on the matter if that is alleged. You don’t need a hearing if the prosecution admits to wrongdoing. []

 
 
 
Jeremy Retired in NC
Professor Expert
4.2  seeder  Jeremy Retired in NC  replied to  Tacos! @4    8 months ago
Oh Lord. That is not remotely the same thing as admitting to evidence tampering. 

Thank your for showing you really don't know the scope of the problem Smith's team had admitted to. 

While you are correct that evidence tampering has elements, this isn't about "evidence tampering".  They are supposed to be prosecuting Trump for mishandling classified material.  Smith's team did what they are charging Trump of and admitted it to the court.

 
 
 
Ronin2
Professor Quiet
4.2.1  Ronin2  replied to  Jeremy Retired in NC @4.2    8 months ago

The hypocrisy of the government and Smith not being able to follow the law for handling classified materials is rather glaring isn't it?

 
 
 
Jeremy Retired in NC
Professor Expert
4.2.2  seeder  Jeremy Retired in NC  replied to  Ronin2 @4.2.1    8 months ago

It's coupled with the ignorance of their supporters that just can't quite grasp the problem despite it being obvious and pointed out to them.

 
 
 
Tacos!
Professor Guide
4.2.3  Tacos!  replied to  Jeremy Retired in NC @4.2    8 months ago
While you are correct that evidence tampering has elements, this isn't about "evidence tampering".

I didn’t write the headline. I responded to it.

Smith's team did what they are charging Trump of and admitted it to the court.

It’s hard to have a conversation about this admission without some text or quote. If you can point to this alleged admission, I’ll be happy to look at it and consider it.

 
 
 
Jeremy Retired in NC
Professor Expert
4.2.4  seeder  Jeremy Retired in NC  replied to  Tacos! @4.2.3    8 months ago
I didn’t write the headline. I responded to it.

And didn't read the article.  

If you can point to this alleged admission,

It's in the article.

 
 
 
Tacos!
Professor Guide
4.2.5  Tacos!  replied to  Jeremy Retired in NC @4.2.4    8 months ago

Nowhere in the article does the prosecution admit to evidence tampering. I invite you again to show me the act admission. Do not just say “read the article.” I did. That admission does not exist. 

 
 
 
Jeremy Retired in NC
Professor Expert
5  seeder  Jeremy Retired in NC    8 months ago

Did Federal Agencies Plant Classified Documents To Frame Trump?

On May 7, Florida Judge Aileen Cannon   postponed   former President Donald Trump’s classified documents trial after explosive information dropped late Friday afternoon. Several new pieces of evidence indicate it’s even possible federal employees planted classified documents to frame Trump. Even if what happened isn’t that nefarious — although exactly that scenario has already been deployed against Trump several times — not only could the case be thrown out of court, but some federal lawyers may have risked their licenses for mishandling evidence.
 
 

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