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Filings: Jack Smith Tampered With Evidence In Get-Trump Classified Documents Case

Special Counsel Jack Smith admitted federal prosecutors mishandled evidence in former President Donald Trump’s classified documents case.


Special Counsel Jack Smith admitted federal prosecutors tampered with evidence in his criminal case alleging former President Donald Trump mishandled classified documents.

According to a Friday court filing, prosecutors said documents the FBI seized from Trump’s Mar-a-Lago residence are no longer in the same order in which they found them, and some are mislabeled and may even be misplaced. A government “filter team” that dealt with the boxes once the FBI took them “was not focused on maintaining the sequence of documents within each box,” the special counsel’s office wrote in the filing.

Later the filing says, of early inventories and scanned records of the seized document boxes, “Because these inventories and scans were created close in time to the seizure of the documents, they are the best evidence available of the order the documents were in when seized. That said, there are some boxes where the order of items within that box is not the same as in the associated scans.” A footnote on this last sentence says: “The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court.”

The filing also suggests the Department of Justice and FBI may have lost and mislabeled some of the documents. When the agencies first took the documents at Mar-a-Lago, government employees used many blank sheets of paper as substitutes and cover papers for what they decided might be classified documents.

After the FBI brought the document boxes to Washington DC, federal employees and contractors began replacing these “handwritten sheets” with proper classified document covers. At that point, the filing says, “In many but not all instances, the FBI was able to determine which document with classification markings corresponded to a particular placeholder sheet.” This indicates the special counsel’s office disclosed it isn’t sure whether some it lost or mislabeled some of the allegedly classified documents it seized in the Trump raid.

Smith charged Trump last June with 37 criminal counts related to the former president’s handling of classified documents. In July, Smith added three more counts against Trump as Democrats strategize to retain the presidency by imprisoning their chief political opponent in an unprecedented lawfare campaign. New evidence shows the Democrat White House worked closely with the DOJ and National Archives and Records Administration in crafting the documents case against Trump.

The classified documents case is Trump’s largest election-year court battle, as nearly half of the 88 total charges against him currently are related to the records. Federal prosecutors confiscated 33 boxes of documents from the hostile raid on Trump’s home in August 2022, according to Fox News. The Department of Justice has spent more than $23 million in taxpayer dollars for Smith to investigate Trump.

In April, Federalist Elections Correspondent Brianna Lyman outlined three major revelations to emerge from the classified documents case to date, including deep state pressure to move forward with Trump’s prosecution and White House involvement.

“President Biden also retained classified documents after leaving the vice presidency,” Lyman reported. “Yet he was not charged because prosecutors say they believed he would ‘present himself to the jury, as he did during our interview with him, as a sympathetic, well-meaning, elderly man with a poor memory.'”

The Department of Energy allegedly revoked the former president’s security clearance retroactively once Trump was indicted.

In February, journalists Michael Shellenberger, Matt Taibbi, and Alex Gutentag reported the FBI raid may have been orchestrated to cover up the intelligence state’s role in the Russia hoax. The article posted on Shellenberger’s news website, Public, outlined how intelligence officials fretted over the presence of a classified “binder” in Trump’s possession that former CIA Director Gina Haspel was careful to protect for years.

“Transgressions [the feds might have wanted to cover up] range from Justice Department surveillance of domestic political targets without probable cause to the improper unmasking of a pre-election conversation between a Trump official and Saudi Crown Prince Mohammed bin Salman to WMD-style manipulation of intelligence for public reports on alleged Russian ‘influence activities,'” Public reported.

The binder was “Trump’s insurance policy,” according to an unnamed source cited as “knowledgeable about the case.”

This article has been updated since publication.

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