Posted on 05/03/2024 7:40:56 PM PDT by chickenlips
In a stunning admission, Special Counsel Jack Smith’s team is admitting that key evidence in former President Donald Trump’s classified documents criminal case was altered or manipulated since it was seized by the FBI, and that prosecutors misled the court about it for a period of time.
Legal experts told Just the News the revelation could prove to be a serious problem for prosecutors and a violation of court rules to preserve evidence in the state it was seized.
In a new filing Friday, Smith’s team said that the order of documents in some of the boxes of memos that were seized by the FBI from Trump’s Mar-a-Lago estate was altered or jumbled, leaving two different chronologies: one that was digitally scanned and another the physical order in the boxes.
“Since the boxes were seized and stored, appropriate personnel have had access to the boxes for several reasons, including to comply with orders issued by this Court in the civil proceedings noted above, for investigative purposes, and to facilitate the defendants' review of the boxes,” Smith’s team wrote in a new court filing to U.S. District Judge Aileen Cannon.
“There are some boxes where the order of items within that box is not the same as in the associated scans,” the prosecutors wrote.
Smith’s team in a footnote also conceded it had misled the court about the problem by previously declaring that the evidence had remained in the exact state it had been seized.
“The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court,” the footnote said.
(Excerpt) Read more at justthenews.com ...
If the integrity of the evidence has been breached, I would think that the evidence has to be thrown out. Why? Because it could have been faked.
why not dismissal with prejudice ?
Since she was appointed by Trump, she may not want to seem "partisan" (although a Democrat judge likely would have no problem doing whatever they wanted) so she will carry on with the trial, but put up strict guardrails.
Anyway, its turning out her patience is allowing Jack Smith and the corrupt DOJ to hang themselves.
I wonder if they’ll figure out a way to charge Trump with another felony for it? Would it surprise anyone if they did?
Mistrial, lack of creditable evidence.
wy69
#5: "why not dismissal with prejudice ?"
✩ ✩ ✩ ✩ ✩
Ding, ding, ding!
In a stunning admission, Biden Special Counsel Jack Smith’s team admits key evidence in President Trump’s classified documents criminal case was altered or manipulated.
Biden’s FBI raided Trump’s private residence at Mar-a-Lago. Biden ordered “key evidence” seized evidence that Biden had calculatedly planted there to incriminate Trump.
Shockingly Biden prosecutors misled the court about it. Legal experts say the revelation could prove to be a serious problem for Biden prosecutors and a violation of court rules “to preserve evidence in the state it was seized.”
In a sane world those who engaged in this activity would have been voted out of office, suffered massive electoral loss, unemployed, and probably criminally prosecuted, and quite discredited.
However, the highly corrupt democrats are quite confident that none of this will happen so they continue on. A lot of the republicans are also corrupt, so they silently support these efforts, and if there is any opposition they help to quash that opposition.
So the corruption festers and grows and we are fast becoming like countries like India where such political persecution and targeting and corruption is part of life.
“Legal experts told Just the News the revelation could prove to be a serious problem for prosecutors and a violation of court rules to preserve evidence in the state it was seized.“
NOTHING is a serious problem for people who are ignoring Law and Precedent all along the way. Getting a jury to back it all up one hundred percent is no prob either.
They are ignoring law and order. Order is especially relevant in court proceedings.
This is a perfect method to remove or insert evidence. Create as much chaos as possible to cover the trail.
EC
CHAIN OF EVIDENCE DOESN’T EXIST
“I’m waiting for Judge Cannon to dismiss the case with prejudice. Please God, make it so!”
Given the information that has come to light over the past couple of weeks, I’m beginning to think she will dismiss the case. Every day something new is revealed that supports such an action.
Yep.... just like ballots.
That would be glorious! However, I think that there may be something less severe like an irrebuttable presumption and jury instruction (if need be) that Trump etc
1)never accessed the documents; and ,
2) did not know that there were classified materials in the boxes
With these finding, the defense could then file motion(s) to dismiss.
Let them dig a little more. Take time off the clock. Trump is sure to get a square deal with this judge. Milk it.
I defended a case where my client received a large amount of cocaine by the US mail. The shipping box had his address but not his name. The whole case came down to intent, dominion and control. The idiot cops were tipped off by the Feds that there was a box of drugs headed to my client's address, so the cops raided my client's house immediately after he took the box inside. They didn't wait for him to open the box and do something with the contents like cutting the coke and repackaging it. I argued that the Commonwealth could not show that my client had the intent to engage in possession with intent to deliver a controlled substance because 1) the box wasn't addressed to him; 2)he never exercised dominion and control of the contents etc. I went as far as saying if the Court ruled against my client it would be a clarion call to all to send boxes of contraband to unwitting enemies with the intent of having them arrested. The Court itself would not be immune from being a victim. Case dismissed.
Depending upon what Trump and his agents did prior to and after receipt of the boxes, the aforesaid scenario could play out favorably for Trump.
This was not an anonymous delivery. This was NARA dumping the documents on Trump and forcing him to take possession. Now NARA wants to claim Trump has illegal possession of said documents?
On what planet did anything Trump did constitute a crime, never mind that the President decides what is classified and not some administrative state bureaucrat?
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