(CBrief) – Special Counsel Jack Smith’s team has admitted to incorrectly stating they turned over evidence as required by law in the classified documents case against former President Donald Trump.
Prosecutors discovered that video used as evidence “had not been processed and uploaded to the platform established for the defense to view” when they were getting ready to indict Mar-a-Lago property manager Carlos De Oliveira last week for allegedly conspiring with Trump to delete surveillance footage from the estate, Smith’s team wrote in a filing on Monday.
“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 prosecutors also said.
“All CCTV footage obtained by the government has now been given to the defendants, according to Smith’s team. The so-called Brady rule requires prosecutors to disclose all evidence and information favorable to the defendant,” Just The News reported.
Trump issued a scathing response to Smith’s filing of additional charges against him in his classified documents case, while also indicting a third person within Trump’s orbit in the process.
Last week, Smith filed a superseding indictment against Trump, which included new charges related to the willful retention of national defense information and obstruction. The prosecutors alleged that Trump and his aides were involved in instructing a staff member at Trump’s Mar-a-Lago home in Florida to delete security camera footage deliberately. Smith alleged the action was taken with the intention of preventing the presentation of evidence to a federal grand jury.
Trump, however, denied the allegations categorically and said he ensured his legal team handed over any and all requested security footage unaltered.
“Mar-a-Lago security tapes were not deleted,” Trump wrote on TRUTH Social. “They were voluntarily handed over to the thugs, headed up by deranged Jack Smith. We did not even go to court to stop them from getting these tapes. I never told anybody to delete them. Prosecutorial fiction & misconduct! Election interference!”
In a subsequent post, he compared the current allegations against him to the “Russia, Russia, Russia hoax.”
“They knowingly accuse you of a fake crime, a crime that they actually makeup, you fight these false charges hard, and they try and get you on ‘obstruction.’ We are dealing with sick and evil people!” he added.
According to court documents reported by The Epoch Times, DOJ prosecutors assert that in the latest court filings, a Mar-a-Lago employee named Carlos De Olivera informed another staff member that “the boss” wanted a server “deleted” on June 27, 2022. That allegedly occurred approximately two months before FBI agents conducted a raid at Trump’s residence, during which they purportedly uncovered documents in a storage area.
In a Sunday interview on Fox News, Trump attorney Alina Habba dismissed any potential government claim that Trump ‘obstructed’ any investigation.
“What was the obstruction of justice? Because no tapes were deleted,” Habba said. “He turned them over. He cooperated as he always does. But they would like the American public to believe in these bogus indictments.”
“When he has his turn in court, and when we get to file our papers, you will see that every single video, every single surveillance tape that was requested, was turned over,” she noted further. “If President Trump didn’t want something turned over, I assure you, that is something that could have been done. But he never would act like that. He is the most ethical American I know.”
In a separate case, Trump was indicted again by Smith stemming from his investigation into the riot at the U.S. Capitol on Jan. 6, 2021.
According to Fox News, “This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.”
Trump faces several charges in that probe, including willful retention of national defense information, conspiracy to obstruct justice, and false statements.
Additionally, he was indicted on three additional counts as part of a superseding indictment issued in connection with the same investigation last week.