Special Counsel Jack Smith's efforts to imprison Donald Trump for mishandling classified documents have hit a few snags recently, and the latest snag is, indeed, a big one.
"Special Counsel Jack Smith could be blocked from using evidence against Donald Trump contained in grand jury investigation files, which were transferred to the former president's Florida classified documents case this week, a former prosecutor has suggested," reports Newsweek. "In 2023, a grand jury in Washington, D.C., heard evidence from witnesses—including Trump's attorney, Evan Corcoran—while considering whether charges should be brought against the former president and others for hoarding classified documents. However, Trump and his co-accused were later indicted in Florida and, under federal rules, the grand jury files were transferred on Monday to Trump-appointed judge, Aileen Cannon's court."
According to former prosecutor Bill Shipley, the transfer of the case from D.C. to Florida gives Judge Cannon control over what evidence can be included—especially testimony that may have violated attorney-client privilege.
Yes but....
— Shipwreckedcrew (@shipwreckedcrew) March 26, 2024
As I said at the time, because the case wasn't going to be prosecuted in DC, the rulings made as part of the grand jury investigation are not binding on Cannon.
She can exclude Corcoran as a witness by upholding the claim of privilege.
She can preclude SCO Smith… https://t.co/54zioSnzgX
More from Newsweek:
On March 24, 2023, Corcoran was forced to testify before the classified documents grand jury in Washington D.C. It was his second time giving evidence.
Corcoran was called to give evidence because he wrote a letter that was sent to the Department of Justice in June 2022 that stated that there had been a "diligent search" for classified documents. Along with the letter, he sent the Department more than 30 documents with classified markings that were found on Trump property.
[...]
Department of Justice Special Counsel Smith announced on Monday that the Washington, D.C., court had transferred the grand jury files to Cannon.
Trump is facing 40 federal charges over his handling of sensitive materials retrieved from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He is accused of obstructing efforts by federal authorities to return them. The former president has pleaded not guilty to all charges.
Leftists have been routinely triggered by Judge Cannon's rulings—probably because she's not a rabid leftist like Judge Engoron, who literally ruled that Trump should pay a civil fine of nearly half a billion dollars for a non-crime with no victim.
Related: Ooh, Fani Willis Is Angry at Jim Jordan!
Jack Smith's prosecution of Trump has been widely criticized as selective prosecution, especially in light of the release of the Hur report last month, which found that Biden "willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," and that his actions "present[ed] serious risks to national security.”
Despite Biden's actions, former special counsel Robert Hur declined to prosecute Biden because he would present himself as an “elderly man with a poor memory” and it would be difficult to convince a jury he was guilty of a serious felony because to commit such a crime “requires a mental state of willfulness.” The report elaborated by pointing out that Biden couldn’t even remember when he was vice president and or when his son Beau died.
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