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.
You can read the filing here:
The organization of the documents in storage boxes at Mar-a-Lago is likely to be an important part of Trump‘s defense. His team is expected to argue the documents were stored in the White House in chronological order on the days that Trump received them, and that staff simply boxed them up and sent them to his home without him accessing them or knowing they contained classified information.
Smith’s team tried to downplay the problem and argued it’s not a reason for a delay in Trump’s case.
But several legal experts told Just the News the court filing essentially is an admission of evidence tampering, and could be problematic.
“Prosecutors and investigators should never tamper with or alter evidence in their possession, including the order of documents in a box because one never knows what may become relevant or crucial to a court or jury later in a case,” Harvard Law Professor Emeritus Alan Dershowitz said. (Read more: JustTheNews, 5/03/2024) (Archive)
Former President Donald Trump argued that special counsel Jack Smith’s classified documents case against him should be tossed after prosecutors wrote that they misled a judge about the order of items in an evidence box.
In a post on Truth Social over the weekend, President Trump called for the arrest of Jack Smith and argued that the case should be thrown out based on the new court filing.
It came after Mr. Smith’s team wrote that that the order of items within a box was “not the same” as they appear in digital photographs of materials after the FBI obtained those boxes from President Trump’s Mar-a-Lago home in August 2022. (Read more: The Epoch Times, 4/05/2024) (Archive)