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 January 18, 2024

Trump to file motions to challenge Jack Smith's prosecution in classified docs case

Former President Donald Trump and his lawyers are far from giving in, and they have a new defense angle to use in the classified documents case brought by Special Counsel Jack Smith. 

According to Newsweek, Trump will use motions he will soon file "to take advantage of the prosecutor's failure to force him to disclose his defense," at attorney reportedly said.

The outlet noted:

Last week, Judge Aileen Cannon, who is presiding over the case, denied Special Counsel Jack Smith's request to force the former president to disclose whether he will rely on an advice of counsel defense in the trial. This is a defence that argues innocence on the basis of relying in good faith on advice his lawyer gave him that he was entitled to keep the classified documents.

As a result, Trump will reportedly file a motion "regarding the scope of the prosecution team," and another motion to request "tracking information relating to the handling of allegedly classified documents, damage assessments, and impeachment material relating to the conduct of the investigation."

Legal experts now say that Trump and his lawyers will use this angle to begin to tear down Smith's prosecution.

Joyce Vance, a former U.S. attorney in Alabama, explained how Trump's upcoming motions will allow his team to go on the offense.

"This is his opportunity to object to the way Smith has handled discovery and he will likely take full advantage of it—expect lots of outrage over Smith's 'failures'. When the Judge rules, and her practice seems to be brief notational 'minute orders' on the docket, we may get some sense of whether the case is still on track for May," Vance wrote.

Notably, the trial for Trump's classified documents case is expected to begin May 20.

However, the former president and his legal team have pushed to delay the case until after the 2024 election, which has been strongly countered by Smith's team for obvious reasons.

Trump and others have maintained that not only is he innocent of the charges -- in all cases -- but that they're also simply being used in an attempt to derail his 2024 presidential campaign.

Court observers have noted that Judge Aileen Cannon has been receptive to pushing back deadlines, and even hinted that during a pre-trial conference in March, she may consider moving the trial back further.

Despite his legal issues, of which there are many, Trump dominated the Iowa caucuses and even set records.

Short of something absolutely unprecedented, Trump will be the GOP presidential nominee, and that will undoubtedly create new twists and turns as to how his cases are scheduled and handled.

Only time will tell if his motions in the classified documents case put his legal team at an advantage.

Written By:
Ryan Ledendecker

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