Though the classified documents case is playing out partly behind closed doors, we got a window into special counsel Jack Smith’s thinking with a legal document that sought to “clear the air” because, the government says, Donald Trump’s defense “paints an inaccurate and distorted picture of events.”
The context for the Justice Department’s writing, filed Friday, is a motion to compel discovery from Trump and his co-defendants in the Florida federal case, which the special counsel’s response called “legally and factually flawed.” But on top of simply explaining those flaws, the government also endeavored to “set the record straight on the underlying facts that led to this prosecution,” adding that the defendants’ “misstatements, if unanswered, leave a highly misleading impression on a number of matters.”
The lengthy filing reads, in part:
Where the defendants perceive “bias,” “weaponize[d]” use of authorities, and a “sham referral,” all attributed to an undifferentiated “Biden Administration,” … the record shows only different government agencies, with specific portfolios and responsibilities, at work to solve an increasingly vexing and concerning problem.
The response from Smith’s team is illuminating in a case that’s necessarily marked by secrecy and hasn’t always given the public a clear view of what the parties are doing and thinking. Politico called it “somewhat unusual for the Justice Department. Though the filing was submitted to U.S. District Judge Aileen Cannon, at times it sounded like an opening argument to a jury Trump could face in the future or the first chapter of a report meant to detail investigative findings to the public.”
That the DOJ response comes amid a discovery dispute is also a reminder that a trial on this matter is potentially far off. Meanwhile, the outcome of the 2024 election could scuttle the case — that is, if Trump is eligible and wins. Cannon, who has seemed amenable to delays, previously set a late May date that she agreed to discuss at a March 1 scheduling conference. So next month could be clarifying for Trump’s overall criminal trial schedule, with his New York state trial possibly going forward at the end of that month. Hopefully by then we’ll have a better sense of when the immunity issue in his federal election interference case will be resolved — if it hasn’t been already. Subscribe to the Deadline: Legal Newsletter for weekly updates on the top legal stories, including news from the Supreme Court, the Donald Trump cases and more.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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