Special counsel Jack Smith’s team acknowledged Friday that some evidence in the prosecution of former President Donald Trump for hoarding classified documents at his Florida home may not be in the same sequence FBI agents found it when they swept into the Mar-a-Lago compound with a search warrant in August 2022.
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“There are some boxes where the order of items within that box is not the same as in the associated scans,” prosecutors wrote, adding in a footnote: “The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court.”
Prosecutors claim the discrepancies in the sequence of the records is of no significance to the criminal case filed in June 2023. Smith’s lawyers say the apparent jumble took place despite various precautions, including having an FBI agent present while an outside vendor scanned the documents so that Trump’s attorneys could see what was seized. The 11th Circuit Court of Appeals
ultimately halted the review Cannon ordered.
Prosecutors also said the act of moving the boxes might have caused the apparent shifts because of “the size and shape of certain items,” but they did not say if that could account for all the instances where documents appear to be out of the original order.
“For example, the boxes contain items smaller than standard paper such as index cards, books, and stationary [sic], which shift easily when the boxes are carried, especially because many of the boxes are not full,” prosecutors Jay Bratt, Julie Edelstein and David Harbach wrote.