Court documents filed Monday revealed that special counsel Jack Smith is turning over "favorable" materials to former President Donald Trump's defense team, Newsweek reported. Smith is obligated by law to provide the evidence, even if it helps the defense in the classified documents case.
"The Government is providing information or material known to the United States that may be favorable to either defendant on the issues of guilt or punishment," Smith's filing stated. The documents don't specify what that information is and whether it will be fully exculpatory.
Legal experts are attempting to downplay the importance of this move. "The filing is a standard supplemental discovery document," Michael McAuliffe, US attorney in the Southern District of Florida and former federal prosecutor, said.
"It incorporates the format used in the standard discovery order issued by the court in a criminal case. The standard discovery order includes the language about providing any exculpatory or other evidence that is favorable to the defense," McAuliffe said.
Prosecutors have a duty not to withhold anything they find during discovery that could help the defendant. It comes from a Supreme Court decision, Brady v. Maryland, and carries penalties whether the information is concealed intentionally or not.
A violation carries significant consequences, such as declaring a mistrial or prohibiting the prosecution from using certain information against the defendant. However, releasing information found during discovery is a thorny issue due to the nature of this particular case.
Because it involves the supposed mishandling of classified documents, the court must be careful about disclosing sensitive information obtained by the prosecutor. This has led to a battle between Trump's legal team and the prosecution.
One such sticking point included the release of a witness list, which Smith believes would make them a target of "immediate risks of threats, intimidation, and harassment." Smith claimed it "already happened to witnesses, law enforcement agents, judicial officers, and Department of Justice employees whose identities have been disclosed in cases in which defendant Trump is involved."
Still, Trump and his team are entitled to whatever Smith has, which in this case includes a warrant application for Trump's co-defendant and aide Walt Nauta. Smith will also release a summary of testimony from a Feb. 9 interview.
Despite the encouraging nature of this move, McAuliffe doesn't believe that it will amount to anything significant in clearing Trump. "I don't read the filing as classifying the new interview as exculpatory," McAuliffe noted.
There are 40 charges in connection with Trump keeping classified documents at his personal residence, and a witness interview and warrant are unlikely to explain away so much. Another former federal prosecutor, Neama Rahmani, similarly believes whatever is revealed is unlikely to clear the whole case.
"There are certain categories of documents the government has to produce: evidence subject to the Rules of Criminal Procedure, evidence that may be exculpatory (Brady), potential impeachment evidence...and prior statements of witnesses. Smith is just saying that he complied with his obligations," Rahmani added.
It isn't exactly bad news either, as Trump's case moves through the court. After all, President Joe Biden escaped conviction for a similar infraction after a special prosecutor said he was a "well-meaning, elderly man with a poor memory," Reuters reported.
Trump is bogged down in several legal battles as he gains momentum in his campaign for the 2024 GOP presidential primary. Even if he doesn't get the same special excuse as Biden, Trump has shown no signs of letting these legal battles slow him down.
