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Prosecutors push again on Trump bid to delay paperwork case till after the election

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Prosecutors push again on Trump bid to delay paperwork case till after the election

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Particular counsel Jack Smith is pushing again on former President Donald Trump’s bid to delay his trial on fees of mishandling categorized info till after the 2024 election, saying there is not any “credible justification” to take action.

“The defendants make quite a few allegations concerning their entry to categorized discovery arising from the standing of safe amenities, their clearances, and different concerns. Many of the allegations are inaccurate or incomplete; collectively they’re deceptive,” Smith’s workplace mentioned in a court docket submitting Monday, arguing the case ought to go to trial as scheduled in Might of subsequent 12 months.

The submitting additionally says that prosecutors know the rationale why Trump illegally held on to the massive cache of nationwide safety info after he left the White Home, and suggests a few of the info was much more delicate than prosecutors initially believed.

“That the categorized supplies at problem on this case have been taken from the White Home and retained at Mar-a-Lago is just not in dispute; what’s in dispute is how that occurred, why it occurred, what Trump knew, and what Trump meant in retaining them — all points that the Authorities will show at trial primarily with unclassified proof,” the submitting mentioned, with out elaborating.

“Whether or not the extremely categorized paperwork Trump retained at Mar-a-Lago comprise nationwide protection info is a reality Trump can attempt to dispute, however it’s going to hardly be the centerpiece of the trial,” it added.

The federal government made the assertions whereas pushing again towards Trump’s attorneys’ claims they wanted to delay the trial as a result of they haven’t but reviewed essentially the most delicate paperwork within the case, which require safety clearances and a safe location to overview them in.

Prosecutors mentioned Trump’s attorneys have already got entry to the overwhelming majority of paperwork within the case, however there is a small subset of the paperwork which might be so delicate they cannot be held in a daily SCIF — a court-approved delicate compartmented info facility — and require “enhanced safety protocols for his or her transport, overview, dialogue, and storage.”

“The particular measures paperwork represent a tiny subset of the entire array of categorized paperwork concerned, which is itself a small subset of the entire discovery produced,” Smith’s submitting mentioned, earlier than revealing there had “solely lately” been some new additions to that subset of paperwork, “nonetheless constituting a small fraction of the general discovery.”

The submitting doesn’t say how, when or why the classification was heightened.

Peter Carr, a spokesperson for the particular counsel’s workplace, declined touch upon the submitting.

Prosecutors acknowledged that “enhanced safety protocols have raised further obstacles to full entry” to these supplies for the protection, however mentioned “the Categorised Data Safety Officer (“CISO”) has suggested the Authorities that he expects even these supplies to be accessible for overview and dialogue by cleared counsel this week.”

Prosecutors mentioned the federal government is engaged on establishing a website in Florida that is safe sufficient to retailer the paperwork, and within the meantime, “with acceptable discover, these paperwork may be couriered by certified management officers from the Intelligence Neighborhood to a SCIF in south Florida for protection inspection.”

Of their submitting, Trump’s attorneys complained that the previous president hadn’t but been capable of overview the paperwork within the case himself, however Smith’s submitting steered that argument is a straw man.

They mentioned they’re “not conscious of any request by Trump to personally seem” to “examine any paperwork—a request upon which the mandatory preparations to take action can and will likely be made. And no matter delay there was so far in Trump’s private overview of the categorized supplies, the seven months that stay earlier than trial is greater than ample time for him to take action.”

An legal professional for Trump didn’t instantly reply to a request for remark.

Trump has mentioned he thought of the paperwork his, whereas additionally suggesting he deliberate on ultimately turning them over to the Nationwide Archives. The Archives has mentioned it requested the return of the paperwork for over a 12 months and the Justice Division has mentioned a Trump legal professional licensed final 12 months that every one paperwork with categorized markings had been returned. An FBI search of Trump’s Mar-a-Lago membership later turned up over 100 categorized paperwork, in addition to hundreds of different paperwork belonging to the federal government.

Trump’s attorneys final week filed their movement asking to delay the trial till after the election when in addition they sought to dismiss the Manhattan district legal professional’s hush money-related case towards him and unsuccessfully sought to delay his ongoing $250 million civil fraud trial. He additionally contended Smith’s different pending case towards him in federal court docket in Washington for interfering with the election ought to be dismissed on the grounds of presidential immunity and dropped his $500 million lawsuit towards his former legal professional Michael Cohen.

Trump had been scheduled to be deposed in that case Monday.

Trump has denied any wrongdoing within the 4 felony circumstances towards him and the civil fraud case, contending they’re all politically motivated witch hunts.

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