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‘Against The Law’: Jack Smith’s Staged Docs Photo Could Throw Major Wrench In Case Against Trump, Lawyers Say
Daily Caller ^ | May 10, 2024 | REAGAN REESE - WHITE HOUSE CORRESPONDENT

Posted on 05/10/2024 5:48:47 AM PDT by Red Badger

Though all eyes have been on former President Donald Trump in a Manhattan courtroom, some are turning their attention to Trump’s classified documents case as it hits a series of major snags.

In a recent court filing, Jay Bratt, the lead Department of Justice (DOJ) prosecutor now assigned to special counsel Jack Smith’s team, admitted that the FBI brought cover sheets reading “top secret” to its raid of Mar-a-Lago. The cover sheets, Bratt explained, were used as placeholders for the classified documents found at the scene. Now, both Trump’s defense and the special counsel are admitting that the documents seized from the former president’s residence are out of order, according to court documents first reported by Declassified with Julie Kelly.

The latest development could affect the integrity of the case in the view of both the court and the public, lawyers told the Daily Caller.

“It could [complicate the case]. I don’t know whether it will or not, but it certainly could,” John Malcolm, vice president for the Heritage Foundation’s Institute for Constitutional Government and former deputy assistant attorney general in the DOJ’s Criminal Division, told the Daily Caller.

“The allegation or the argument would be, they’ve tampered with the evidence they’ve affected its integrity in some material way. I mean, it would be as if they had messed with somebody else’s DNA sample or had smudged the fingerprint,” Malcolm continued.

Malcolm added that if the prosecution chooses to argue Trump had to have known about the documents because they were near files he would have seen all the time, the disordering of the evidence could cause problems.

“I don’t think anybody would believe that the President of the United States upon leaving office would personally be monitoring papers and effects. And it’s not inconceivable that something could get inadvertently mixed in,” Philip A. Holloway, a criminal defense attorney and legal analyst, told the Daily Caller.

“And so if prosecutors and law enforcement are cherry-picking documents, and slapping these labels on it that says top secret where that label was not already there, it can be very misleading to the viewer,” Holloway added. “And if that viewer is a court, then that’s misleading a court and that’s against the law.”

In the weeks following the raid, a photo of the crime scene at Mar-a-Lago went viral. The photo, snapped by the FBI, showed documents sprawled out with several of the “top secret” place holders among the mix.

Critics of the former president seized on the image, wondering how Trump could have possibly unknowingly brought such clearly marked documents out of the White House.

Crime scene photo showing classified documents found at Donald Trump’s Mar-a-Lago. (U.S. National Archives)

“[Thirteen] boxes or containers contained documents with classification markings, and in all, over one hundred unique documents with classification markings…were seized. Certain of the documents had colored cover sheets indicating their classification status. See, e.g., Attachment F (redacted FBI photograph of certain documents and classified cover sheets recovered from a container in the ‘45 office’),” Bratt wrote in an August 2022 court filing.

But in a later filing, Bratt explained in more detail what those “colored cover sheets” were. They were the “top secret” sheets captured in the photo.

“[If] the investigative team found a document with classification markings, it removed the document, segregated it, and replaced it with a placeholder sheet. The investigative team used classified cover sheets for that purpose,” Bratt wrote in a recent filing.

In Kelly’s report, she analyzes Bratt’s language to describe the photo snapped at the Mar-a-Lago raid.

“In other words, in their zeal to stage a phony photo using official classified cover sheets, FBI agents might have failed to accurately match the placeholder sheet with the appropriate document. This is a potentially case-blowing mistake, particularly if the document in question is one of the 34 records that represents the basis of espionage charges against Trump,” Kelly writes.

Waltine Nauta, Trump’s defense attorney, wrote in a May filing that those “top secret” placeholders used by the FBI to mark classified documents in stacks were out of place.

Bratt admitted in a recent file that yes, the documents were rearranged in some capacity and not all of the files had been appropriately matched with a cover sheet. In many cases, Bratt said the FBI’s ordering was accurate.

“Special counsel Jack Smith and his counselor Jay Bratt could face severe consequences if it is proven true that they doctored evidence and presented it to the court and the public knowing it was doctored. They could face discipline from the Justice Department’s Office of Professional Responsibility. They could face sanctions from Judge Cannon and they could face criminal prosecution for obstruction of justice,” Mike Davis, former law clerk for Supreme Court Justice Neil Gorsuch and founder of the Article III Project, told the Daily Caller.

Legal experts and political observers have often argued that the classified documents case was the most threatening to Trump of the several he faces, because the underlying crime was the most straightforward and had the most evidence. But now, the case is on hold until further notice.

Following the report, Judge Aileen Cannon moved to delay the former president’s classified documents case indefinitely. The trial, once scheduled to begin May 20, is now on hold so Cannon can continue to work through several pre-trial issues.

Though Cannon didn’t directly point to the out-of-order evidence as part of the reason for her delaying the case, the lawyers the Daily Caller spoke to felt it could have been a part of her reasoning.

“I suspect it was at least partially related to these issues. I suspect that this makes Judge Cannon less inclined to trust the credibility of what government lawyers tell her,” Holloway told the Daily Caller.

“It’s becoming more clear to the public that Judge Cannon has serious concerns with how Biden special counsel Jack Smith and his counselor, Jay Bratt are running this criminal prosecution against President Trump,” Davis told the Daily Caller.

“Judge Cannon seems to have serious concerns with potential grand jury abuse by Jack Smith and Jay Bratt in D.C. before this unprecedented indictment and Judge Cannon seems very concerned about issues around issues with tampered evidence, spoliation of evidence and chain of custody issues that are serious potential constitutional and ethical violations that could lead to the dismissal of this case,” Davis added.

With Trump still facing 91 criminal charges across four states, his legal team has had success in trying to delay the cases until after the 2024 election. In Georgia, an appeals court agreed to reconsider whether Fulton County district attorney Fani Willis should be disqualified from the state’s RICO case against Trump, pushing that trial back further.

While Cannon’s timeline for the case remains in limbo, some lawyers were confident that the document’s reshuffling wasn’t a favorable look for the prosecutor.

“It was certainly very foolish by the Special Counsel. I assume it was done negligently but it was very, very sloppy. When you have a documents case and part of it is going to be somebody’s knowledge that they had those documents in their possession, it would be very important to maintain it as close as possible in the original state in which they found them,” Malcolm told the Daily Caller.

Henry Rodgers contributed to this report.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: bratt; cannon; mal; maralago; smith
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1 posted on 05/10/2024 5:48:47 AM PDT by Red Badger
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To: Red Badger
“It was certainly very foolish by the Special Counsel. I assume it was done negligently but it was very, very sloppy. "

** CHORTLE **

Negligently. Not an intentional act of political propaganda to damage Joe Biden's political opponent. Nope. Not that. It was just a brief moment of negligence.

** CHORTLE**

2 posted on 05/10/2024 5:52:27 AM PDT by ClearCase_guy (It's not "Quiet Quitting" -- it's "Going Galt".)
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To: Red Badger

Hard to believe the judge did not toss the case after this tampering of evidence.


3 posted on 05/10/2024 5:52:37 AM PDT by chopperk
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To: chopperk
Nope...you want to catch the rats...all of them...they were just following orders...The Dems might want to throw it out...in the meantime, they're doing everything they can to get rid of Cannon.

She's one brave lady.

4 posted on 05/10/2024 5:54:52 AM PDT by Sacajaweau
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To: Red Badger
"The cover sheets, Bratt explained, were used as placeholders for the classified documents found at the scene." And the Dummies Obstructing Justice then published the photos after arranging them in a dramatic way. All for JUSTICE, doncha know.
5 posted on 05/10/2024 5:55:26 AM PDT by budj (Combat vet, second of three generations.)
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To: Red Badger

Seriously, if that had occurred in the DoD Intelligence community, someone using classified cover sheets as placeholders in a case or investigation, that guy would have been frogmarched out of the building with two burly escorts.

They are not placeholders and there usually are serious consequences to using them for other purposes than what they are designed to do.


6 posted on 05/10/2024 5:55:51 AM PDT by wbarmy (Trying to do better.)
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To: Red Badger
Here's a question: why did the FBI even have -- already in hand -- a stack of classified cover sheets as the raid was in the process of being conducted?? (note that classified docs already have their own cover sheets... they don't need to be added)

It feels like they already knew exactly what they wanted to do at the scene... no matter what they may have found.

7 posted on 05/10/2024 5:57:11 AM PDT by alancarp (George Orwell was an optimist.)
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To: Red Badger

Never ASSume...

Had they given Trump the same benefit of doubt there would be none of this nonsense to begin with.


8 posted on 05/10/2024 5:57:15 AM PDT by Leep (Leftardism strikes 1 in 5.)
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To: Red Badger; bitt; little jeremiah; generally; RitaOK; Cletus.D.Yokel

Framed??

how bout the box full of “framed” Time Magazine cover in bottom right of picture??

coms???


9 posted on 05/10/2024 5:57:21 AM PDT by thinden (buckle up ....)
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To: Red Badger

There were no classified documents. None… he is not charged with praising any classified documents. That is why they used the espionage act with its super broad “national defense information” standard. That includes non classified information.


10 posted on 05/10/2024 5:59:23 AM PDT by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI. )
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To: chopperk

Not going to remove it from her court so smith and his conspirators can refile it with some lefty judge.


11 posted on 05/10/2024 5:59:54 AM PDT by Mouton (A 150MT hit will not solve our problems now.)
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To: Leep

It was all planned well before-hand.

They were out to ‘get’ Trump one way or another.

Their only problem is they hired an idiot named Jack Smith to carry their water.

His merry band of incompetents screwed everything up as is per normal for Democrats.........................


12 posted on 05/10/2024 6:00:56 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Red Badger

Anything done in an effort to get Trump is fair and legal. That’s how it works in America.


13 posted on 05/10/2024 6:02:34 AM PDT by brownsfan (It's going to take real, serious, hard times to wake the American public.)
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To: Red Badger

I fully believe the DOJ and FBI would plant documents in the stack. How does any honest agent works for either department?


14 posted on 05/10/2024 6:02:50 AM PDT by healy61 (.)
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To: thinden; Red Badger; bitt; little jeremiah; generally; Melian
mar

apologies to cell phoners for size

15 posted on 05/10/2024 6:06:07 AM PDT by thinden (buckle up ....)
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To: thinden
knock knock cover framed
16 posted on 05/10/2024 6:08:19 AM PDT by thinden (buckle up ....)
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To: budj

Representatives of Team Trump were not allowed to observe ANY of the collection activity by the DOJ, so they stage the whole thing, like a movie set, moving the boxes of documents OUT of secure storage into the more public areas of the estate, implying that those documents NEVER were in secure storage.

Evidence tampering in the most blatant manner ever. The “evidence” collected would not be admissible in a gas station holdup.


17 posted on 05/10/2024 6:09:30 AM PDT by alloysteel (Most people slog through life without ever knowing the wonders of true insanity.)
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To: Red Badger

Of course it was.
Truth is never the object of leftards.
They are not normal.


18 posted on 05/10/2024 6:12:27 AM PDT by Leep (Leftardism strikes 1 in 5.)
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To: thinden

19 posted on 05/10/2024 6:13:18 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: thinden

20 posted on 05/10/2024 6:15:41 AM PDT by dead (https://www.youtube.com/watch?v=D_vFiUUcBkc)
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