{"id":2265239,"date":"2024-06-11T16:55:02","date_gmt":"2024-06-11T20:55:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-moves-to-dismiss-classified-documents-case-over-evidence-tampering\/"},"modified":"2024-06-11T16:58:37","modified_gmt":"2024-06-11T20:58:37","slug":"trump-moves-to-dismiss-classified-documents-case-over-evidence-tampering","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-moves-to-dismiss-classified-documents-case-over-evidence-tampering\/","title":{"rendered":"Trump seeks to dismiss classified documents case, citing &#8216;evidence tampering"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ftrump-moves-to-dismiss-classified-documents-case-over-evidence-tampering%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2265239&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Former President Donald Trump\u200c has filed a \u200cmotion to dismiss the classified documents case against him in Florida, citing FBI misconduct during the 2022\u2062 raid on his Mar-a-Lago estate. Trump&#8217;s\u2062 legal team \u200balleges that the\u2063 FBI destroyed crucial \u2062evidence that could demonstrate his \u2063lack of knowledge and\u200c intent concerning the presence of classified materials in his residence. This motion followed a\u2062 ruling by U.S. District Judge \u200cAileen \u2063Cannon, who had denied a previous\u2063 request by Trump to dismiss some charges. Trump&#8217;s spokesperson, Steven Cheung, claimed that the Department \u2062of Justice \u200d(DOJ) \u2062tampered with evidence, calling the \u2064situation a \u2064&#8221;documents hoax.&#8221; The defense \u2063argues that the \u200dFBI mishandled and failed\u2063 to properly document the seized materials, \u2063which they say were \u2062commingled\u200c with personal\u2062 effects\u200d and\u2062 not in plain view. \u2062They also accuse Special Counsel Jack Smith\u2019s office of bad faith and political \u2062motives, claiming that the prosecution made \u2064false statements about the condition and handling \u200dof the evidence. Recently, Smith&#8217;s office acknowledged \u200dsome discrepancies in \u2062the ordering of documents within the boxes seized \u2062from Mar-a-Lago, but maintained that the \u200ccontents of each\u2064 box\u2062 remained unchanged.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Former President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\/\" target=\"_blank\" rel=\"noreferrer noopener\">Donald Trump<\/a> filed a motion to dismiss the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/classified-documents\/\" target=\"_blank\" rel=\"noreferrer noopener\">classified documents<\/a> case in <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/florida\/\" target=\"_blank\" rel=\"noreferrer noopener\">Florida<\/a>, alleging the FBI destroyed exculpatory evidence during the 2022 raid on his Mar-a-Lago residence, which he claims violated his due process rights.<\/p>\n<p>The latest <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.flsd.648653\/gov.uscourts.flsd.648653.612.0.pdf\" target=\"_blank\" rel=\"noopener\" title>motion<\/a>, filed late Monday evening, raises significant questions by the defendant about the conduct of special counsel Jack Smith\u2019s office and the FBI under the Biden Justice Department, suggesting a politically motivated effort to undermine his defense. Trump\u2019s motion came shortly after United States District Judge Aileen Cannon denied a separate request to <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3036795\/cannon-rejects-trump-effort-dismiss-counts-classified-documents-case\/\" target=\"_blank\" rel=\"noopener\" title>dismiss some of the charges<\/a> against the former president Monday evening.<\/p>\n<figure><figcaption>This image, contained in the indictment against former President Donald Trump, shows boxes of records on Dec. 7, 2021, in a storage room at Trump\u2019s Mar-a-Lago estate in Palm Beach, Florida, that had fallen over with contents spilling onto the floor. (Justice Department via AP)<\/figcaption><\/figure>\n<p>Trump spokesman Steven Cheung released a press statement Tuesday afternoon saying Trump had moved to dismiss the \u201cdocuments hoax due to DOJ evidence tampering.\u201d<\/p>\n<p>\u201cDeranged Jack Smith was forced to admit in a public filing that he and his Thugs committed blatant evidence tampering by mishandling the very documents they used as pretext to bring this fake case,\u201d Cheung said.<\/p>\n<p>The motion from Trump\u2019s attorneys Todd Blanche and Chris Kise contended that the FBI\u2019s alleged mishandling of documents seized during the raid inhibits Trump from proving his claim that he lacked knowledge and intent regarding the presence of classified materials in his home.<\/p>\n<p>\u201cThe FBI failed to preserve the original order of documents within the boxes, and there are no photographs or logs documenting the nature in which the allegedly classified documents were commingled with personal effects and out of plain view,\u201d Trump\u2019s attorneys wrote, noting that evidence \u201cwas materially exculpatory\u201d as to the knowledge and intent requirements behind Trump\u2019s alleged violation of the Espionage Act.<\/p>\n<p>Trump\u2019s team also accused the prosecution of acting in bad faith, motivated by \u201cpolitical animus\u201d and an intent to manipulate the judicial process against him. His team claimed that the agents involved in the raid did not follow proper procedures, disregarding instructions to document the location and context of the seized materials. This conduct, Trump\u2019s attorneys argued, demonstrates a deliberate effort to undermine his defense by \u201cdestroying exculpatory evidence.\u201d<\/p>\n<p>The motion further alleged that Smith\u2019s office made false statements to the court about the condition and handling of the evidence. Trump\u2019s defense highlighted multiple instances where the special counsel allegedly misled the court about the integrity and order of the documents. These misrepresentations, they argued, have significantly hindered their ability to mount a full defense.<\/p>\n<p>\u201cIn fact, the documents in the boxes are not in the same order as when they were seized principally because the filter team made no effort to preserve the documents in that fashion,\u201d Trump\u2019s team wrote.<\/p>\n<p>Last month, Smith\u2019s office acknowledged that some evidence collected from Trump\u2019s home wasn\u2019t in the same condition in which FBI agents found it during the Mar-a-Lago raid.<\/p>\n<p>\u201cThere are some boxes where the order of items within that box is not the same as in the associated scans,\u201d prosecutors wrote in a filing in May. They added in a footnote: \u201cThe government acknowledges that this is inconsistent with what <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jack-smiths-team-admits-they-tampered-with-key-evidence-in-trumps-case-misled-the-court-about-it\/\" title=\"Jack Smith's Team Confesses to Tampering with Vital Evidence in Trump's Case, Misleading the Court\">government counsel previously understood<\/a> and represented to the court.\u201d <\/p>\n<p>Smith\u2019s team contends that despite the reordering, each box still contains the same material it had in it when seized.<\/p>\n<p>In addition to the evidence mishandling accusations, Trump\u2019s motion criticized the prosecution for delaying the disclosure of crucial information and failing to meet discovery obligations. Trump\u2019s team contended that these delays and omissions have prevented them from accessing key evidence needed for their defense. The motion pointed to untimely and incomplete disclosures by Smith\u2019s office.<\/p>\n<p>The latest allegations stem from the Aug. 8, 2022, raid on Mar-a-Lago, where the FBI seized 39 boxes of documents based on a search warrant related to the alleged unauthorized retention of classified information. Trump\u2019s legal team has <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-requests-georgia-judge-to-drop-election-interference-case-over-presidential-immunity\/\" title=\"Trump asks Georgia judge to dismiss election interference case citing presidential immunity\">filed multiple motions<\/a> to dismiss the case since it landed before Cannon, arguing in part that the search was unlawful.<\/p>\n<p>The special counsel\u2019s office requested that Trump\u2019s attorneys include a statement from Smith\u2019s team in the filing Monday evening.<\/p>\n<p>\u201cThe defendant has failed to provide factual or legal support for a spoliation claim under controlling Eleventh Circuit and Supreme Court case law. The government has met and exceeded its discovery and other legal obligations. The defendant\u2019s misconduct allegations are, once again, false,\u201d the special counsel\u2019s office said, according to the attached statement in Trump\u2019s latest motion.<\/p>\n<p>While Cannon denied Trump\u2019s request to have several of the 41 charges thrown out Monday, she did <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.flsd.648652\/gov.uscourts.flsd.648652.608.0.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">rule<\/a> that one paragraph from the indictments must be stricken, noting its \u201cprejudicial\u201d nature. <\/p>\n<p><a href=\"http:\/\/washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><strong>CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/strong><\/a><\/p>\n<p>The paragraph detailed an occurrence in which Trump is alleged to have shown a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-cannon-rejects-trump-effort-to-dismiss-counts-against-him-in-classified-documents-case\/\" title=\"Judge Cannon denies Trump's request to dismiss charges in classified documents case\">highly sensitive military map<\/a> to one of his close aides after leaving the presidency.<\/p>\n<p>The <em>Washington Examiner <\/em>contacted the special counsel\u2019s office.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Former President Donald Trump has moved to dismiss the Florida classified documents case, claiming the FBI&#8217;s 2022 raid on his Mar-a-Lago home destroyed key evidence, violating his due process rights. Filed late Monday, the motion challenges the special counsel&#8217;s conduct, raising serious questions about the investigation&#8217;s integrity<\/p>\n","protected":false},"author":2633,"featured_media":2265240,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/MixCollage-03-Jun-2024-12-12-PM-5275.jpg.optimal.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[],"class_list":["post-2265239","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/MixCollage-03-Jun-2024-12-12-PM-5275.jpg.optimal.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2265239","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2633"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2265239"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2265239\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2265240"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2265239"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2265239"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2265239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}