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Jack Smith Forced to Inform Court He Failed to Turn Over All Evidence to Trump Legal Team – Made 'Incorrect Representation'
Western Journal ^ | August 5, 2023 | Carson Choate

Posted on 08/05/2023 12:02:29 PM PDT by george76

Special counsel Jack Smith’s team admitted in a Monday court filing that his staff did not turn over all evidence to former President Donald Trump’s legal team, despite previously claiming that they had.

Smith has brought a total of 40 counts against Trump, accusing him of unlawfully retaining classified documents after leaving office and lying to the government about handing over all documents.

On July 27, Smith’s team filed a “superseding indictment” which further accused Trump of instructing his security staff to delete security tapes from his Mar-a-Lago resort only a couple of months before the FBI raided the Florida residence, Newsweek reported.

Others named in the indictment include Mar-a-Lago property manager Carlos De Oliveira and Trump aide Waltine “Walt” Nauta.

According to prosecutors, it was De Oliveira who told a Mar-a-Lago employee that “the boss” wanted a security server erased.

...

Now, it appears that Smith is the one withholding security footage.

In a July 31 court filing, Smith’s team admitted that they failed to upload video footage taken from Mar-a-Lago to an online platform where Trump’s defense team could review it, as required by law, according to Newsweek.

“On July 27, as part of the preparation for the superseding indictment coming later that day and the discovery production for Defendant De Oliveira, the Government learned that this footage had not been processed and uploaded to the platform established for the defense to view the subpoenaed footage,” read the filing.

The Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced was therefore incorrect.”

The Brady rule is a legal standard that requires the prosecution to provide the defense with any exculpatory information that will be brought against them in court.

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


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: brady; bradyrule; dojweaponization; donatedonaldtrump; donatetrump; exculpatory; exculpatoryinfo; fakenews; harassment; jacksmith; meanslittle; persecution; securityfootage; trumpcult; trumppersecution; trumpstillguilty; tyranny; warontrump; weaponizeddoj; withholding
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1 posted on 08/05/2023 12:02:29 PM PDT by george76
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To: george76

Honest mistake. Let’s proceed with the lynching.


2 posted on 08/05/2023 12:03:39 PM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
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To: george76

3 posted on 08/05/2023 12:03:51 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: george76

Flush this turd of a banana republic.


4 posted on 08/05/2023 12:04:48 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: CatOwner

Judge: “That’s okay, we all make mistakes. Still on for dinner and drinks tonight?”


5 posted on 08/05/2023 12:04:56 PM PDT by daler
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To: george76

Well whack him on the pee pee with a samurai sword.


6 posted on 08/05/2023 12:04:56 PM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: CatOwner

“Lyin’ Jack” Smith is on the case!


7 posted on 08/05/2023 12:05:19 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: george76

“made an incorrect representation”?

“Lied” more direct ...


8 posted on 08/05/2023 12:06:16 PM PDT by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: george76
Smith’s team admitted that they failed to upload video footage...

Or as Barbara Boxer would have put it on the Senate floor: "Smith’s team confessed that they failed to upload video footage..."

9 posted on 08/05/2023 12:06:32 PM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: george76

If this was in a court filing Monday, why are we reading about it days later in Newsweek? Why haven’t all our conservative legal scholars been on this all week? It sounds like a limited hang-out, there must be a lot more.


10 posted on 08/05/2023 12:10:51 PM PDT by sopo
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To: george76

those were his private tapes...trump had the right to deliberate everything. this was NOT like the Nixon tapes.


11 posted on 08/05/2023 12:12:10 PM PDT by Sacajaweau ( )
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To: george76

The more I read about Smith, the more he seems very mentally unhinged and on a serious witch hunt outside the law.


12 posted on 08/05/2023 12:12:40 PM PDT by Tadhg
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To: george76

my guess.....cut and paste


13 posted on 08/05/2023 12:13:48 PM PDT by Sacajaweau ( )
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To: george76

Do they lied. Hope the judge is offended and tossed the case


14 posted on 08/05/2023 12:14:23 PM PDT by Nifster ( I see puppy dogs in the clouds )
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To: george76

This won’t be the last stunt that Smith pulls in trying to take out the 45th President.

This joker is just getting started.


15 posted on 08/05/2023 12:14:54 PM PDT by unclebankster ( Globalism is the last refuge of a scoundrel)
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To: All

FRPOST——8/4/2023, 3:02:07 PM
Special Counsel Jack Smith May Not Have Reviewed Records
Before Indicting Trump”: ‘The records are absolutely exculpatory.’

FTA-—In an Aug. 2 email to Kerik atty Parlatore, reviewed by CBS News, a special counsel’s office prosecutor requested “responsive documents as to which the Trump campaign is no longer asserting a privilege,” referring to the Kerik records Parlatore said he previously provided.

Parlatore said he was “stunned,” b/c after the indictment came down, the prosecutor was asking for records he said he had already provided.

Parlatore said these “records are absolutely exculpatory. They bear directly on the essential element of whether Rudy Giuliani, and therefore Donald Trump, knew that their claims of election fraud were false,” Parlatore said.

“Good- faith reliance upon claims of fraud, even if they later turn out to be false, is very different from pushing fraud claims that you know to be false at the time.”


16 posted on 08/05/2023 12:15:51 PM PDT by Liz (More tears are shed over answered prayers than over unanswered ones. St Teresa of Avila)
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To: Tadhg

Oh Jack’s record shows he’s a piece of work


17 posted on 08/05/2023 12:16:17 PM PDT by Nifster ( I see puppy dogs in the clouds )
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To: sopo

Our superiors use this time to socialize. Consider bibes..consider if they are going to buy coastal property ..And just have an all around good time.


18 posted on 08/05/2023 12:16:19 PM PDT by Leep (What skill or service did the biden family have that netted them tens of millions of dollars?)
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To: Tadhg
The more I read about Smith, the more he seems very mentally unhinged and on a serious witch hunt outside the law.

Witch hunt, yes, but he's not "unhinged". He's quite rationally following his orders to destroy Trump by any means necessary.

19 posted on 08/05/2023 12:18:55 PM PDT by Chad C. Mulligan
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To: george76

But they indicted Trump for allegedly not listing everything.


20 posted on 08/05/2023 12:20:35 PM PDT by Williams (Stop Tolerating The Intolerant)
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