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Oct. 21, 2023 - Epoch Times
12:21
Jack Smith Gets Very Bad News
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Now, diving into the main topic, the federal judge who is overseeing President Trump's classified documents case, she has just issued a major rejection to Mr.
Jack Smith, the prosecutor who is pushing the case forward.
Because, you see, Mr.
Jack Smith and his team, they were making the attempt to set up a separate private facility over in Washington, D.C., such that President Trump and his legal team would have to go all the way to Washington in order to review the classified documents in the case.
And also, somehow, despite the Department of Justice trying to push this case through before the election, while the number of documents for Trump's legal team to actually review has ballooned to well over a million.
Although, to make sense of what's happening here, and what this rejection of Jack Smith actually means, I need to back up for a quick moment and set the stage for you properly regarding how we got to this point.
And as always, I'll quickly mention that if you appreciate content like this, take a super quick moment to smash those like and subscribe buttons so this video can reach ever more people via the YouTube algorithm.
Now, to start with, this man right here is Mr.
Jack Smith, the Justice Department's special counsel who is leading the charge in several of the cases against President Trump at the federal level.
And while most of the country's attention has been focused on Jack Smith's case related to January 6th, well, it's actually the classified documents case that's playing itself out over in Miami that's been seeing the most amount of action.
You see, right now, the classified documents case, it's in the discovery phase.
This is where you have both sides, the prosecution as well as the defense, share their documents with one another so that both sides can get their cases all aligned and ready before they actually go to trial.
However, unlike a typical normal discovery process, where the prosecution would just photocopy the evidence and mail it over to the defense, well, that's not exactly what's happening here.
That's because the prosecution, meaning Jack Smith and his team, they made the argument that since this case involves classified documents, they need to set up a private facility for viewing them.
The judge in this case, she agreed, and so a private facility was set up over in Florida so that Trump's legal defense team can go to this facility, look at the documents, and prepare their legal defense.
That sounds simple enough.
Except it's not.
That's because, for one, the total number of documents in this case, for some odd reason that we'll get to in a moment, well, it has just ballooned to well over a million.
And second of all, You heard that right.
Despite the fact that this case has been ongoing for well over half a year now, and despite the fact that the prosecution is pushing for a trial date of around May of next year, they have yet to hand over many crucial documents that Trump's legal team says they need to have.
In fact, here is what Trump's legal team recently wrote in a filing that they sent to the judge accusing the special counsel's office of not turning over the relevant evidence.
Quote, The special counsel's office has not provided some of the most basic discovery in the case.
Given the current schedule, we cannot understate the prejudice to President Trump arising from this lack of access to these critical materials months after they should have been produced.
Furthermore, besides not having access to all the relevant documents, Trump's legal team, they also cited, quote,"...being only able to access the classified documents in the small, temporary Florida location as a barrier for the busy candidate who is splitting his time between campaigning and attending a civil trial in New York where he stands to lose Trump organization." And just for your reference, as it was alluded to in the statement of theirs, the facility that's been set up over in Florida is indeed a temporary one.
The Department of Justice claims that the actual secure facility will not be ready for another three months.
And so this was the general situation.
Trump's legal team, they were arguing that for one, the Department of Justice has been withholding evidence from them, even though there is a super tight deadline in terms of the trial date.
And secondly, the The small facility that they set up over in Florida, where the classified files can be viewed, is prohibitive for a man who is currently running for president while also in the midst of several other lawsuits.
And as such, Trump's legal team, they asked the judge to push the trial date back.
However, the Department of Justice, they pushed back on that.
That's because, for one, Jack Smith responded to Trump's team with his own filing, writing that, quote, there was no credible reason to postpone the case, and that they already had access to considerable amounts of the material.
And then, regarding the second point about how generally inconvenient it is to have to go to a small room somewhere in Florida to view these classified documents, well, Jack Smith, he submitted a request to the judge in order to quote, meaning that there would be two separate facilities holding these documents.
Now, it's not exactly clear why setting up a facility all the way in Washington, D.C. would be any more convenient to Trump and his legal team, given the fact that they're not actually based out of D.C. And secondly, Trump's lawyers, they argued against this plan by saying that, well, among other reasons, that, quote, meaning that by having two separate locations, the documents would be split up, which would make it even harder to review them and prepare one single case.
And so then, an obvious question out of all this arises.
If this was such an illogical idea, given the circumstances, why did Jack Smith and his team suggest it?
Why did they want to move the facility to Washington, D.C.? Well, one reason might have to do with this woman right here, Judge Eileen Cannon.
She is the Florida District Judge overseeing the classified documents case, and for your reference, she was appointed to the bench by President Trump three years ago.
And unlike the judges over in Washington, D.C., New York, and Georgia, she appears to be more sympathetic to Trump's case.
Or, at the very least, she doesn't appear to openly be hostile to President Trump.
And while there's no way to actually get inside Jack Smith's head and know what he's actually thinking, it is really worth mentioning that both Jack Smith and his team have been attempting to drag the jurisdiction in this case back to Washington, D.C. for the last several months.
For instance, despite this case being tried in the Southern District of Florida, it was recently revealed that, And so again,
it's anyone's guess as to why he's doing it, but there appears to be somewhat of a pattern of Jack Smith and his team attempting to bring the case out of Florida and into Washington, D.C. However, the judge in the case is not having it.
She has been rather strict about jurisdiction in this case, and just three days ago, Judge Eileen Cannon, she formally rejected Jack Smith's attempt to set up a private facility over in Washington, D.C. In her rather brief order, here was what the judge wrote.
The parties are advised that production of classified discovery to the Defense Council is deemed timely upon placement in an accredited facility in the Southern District of Florida, not in another federal district.
It is the responsibility of the Office of the Special Counsel to make and carry out arrangements to deposit such discovery to the Defense Counsel in this district.
And so the attempt to set up an office over in D.C. has officially been thwarted.
If you'd like to read this full order from the judge for yourself, I'll throw a link to it.
It'll be down in the description box below.
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Now, there is one other reason that Trump's legal team wants an extension on the trial date.
That's because, besides the inconvenience of the one facility in Florida that all the classified materials in question have to be viewed, and besides the fact that the Department of Justice has yet to actually produce all the relevant documents, well, there's actually a third point, which has to do with the sheer number of documents that have been handed over by the Department of Justice.
That's because, while the actual number of alleged classified documents that were in Trump's possession numbered in the dozens, somehow the number of documents that the DOJ sent to Trump's legal team has ballooned to well over a million.
Quote, President Trump's legal team had previously noted that they already received 1.28 million pages and did not have sufficient time to properly examine them, requesting an extended timeline.
The 1.28 million pages are unclassified documents and would not need to be reviewed in a special location.
However, they argued that though the special counsel had said that all discovery documents would be available on day one, they have not turned over all the classified documents and witness statements as of yet.
Even documents that President Trump was indicted for having were not completely supplied.
And so, it appears that while on the one hand, the Department of Justice has withheld a portion of the actual classified documents in question, they have, on the other hand, completely buried Trump's legal team in well over a million pages of other documents, and all the while, they're pushing the case to start ASAP. Meaning, in just practical terms, that Trump's legal team, they don't have the documents they actually need.
They're buried under an avalanche of other documents that were sent over to them by the Justice Department.
And all the while, they have to prepare for a trial that'll start in just several months, while at the same time dealing with several other lawsuits and a major federal election campaign.
That's the situation as it currently stands.
If you'd like to go deeper into anything that we discussed in today's episode, I'll throw all of my research notes.
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