Special Counsel Jack Smith, the man appointed by Attorney General Merrick Garland to investigate the former president, had his team admit to an embarrassing failure that some are calling ironic, according to Breitbart. In a federal court filing in Miami, Smith’s team said that they did not turn over all of the evidence to the court for Donald Trump’s defense team to review.
The outlet notes the irony because Smith is prosecuting Trump with 40 counts related to his alleged mishandling of classified documents that he did not turn in to the National Archives. Among the counts is the allegation that Trump told the government that he handed over all of the documents when they are claiming that he did not.
The indictment is one of three that the former president is facing, including alleged hush money payments to adult film star Stormy Daniels and his alleged effort to overturn the 2020 election. The indictment charges Trump with lying to the government and conspiring with his staff working at his Mar-a-Lago estate to move boxes of classified documents, as well as deleting video evidence of that activity.
By comparison, Smith’s team admitted in the filing that not all of the video evidence taken from Trump’s estate was submitted. The document continues to allege that the moving of the documents was captured on video for more than a year, but only produced “key excerpts” for the defense to review.
The Brady rule requires the prosecution to disclose all material that it is going to present in court. This includes material that is favorable to the defendant.
The news comes as Smith’s team adds three new defendants, including Carlos de Oliveira, the property manager of the estate. The indictment says that Oliveria assisted in moving the documents and concealing the evidence.