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Dec. 14, 2023 - Epoch Times
04:57
Legal Clash in Trump's Classified Documents Case | Facts Matter Clips
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At the end of the episode, I mentioned that because it was a state-level case, if Trump were to be found guilty, only the Georgia governor would be able to issue a pardon.
Meaning that in the episode, I said that Governor Brian Kemp would have to issue a pardon to Trump if he were to be found guilty.
However, after we published the episode, I learned that over in Georgia, that's not actually the case.
Because while most states in the U.S., they do give the authority to the governor in terms of offering pardons, Georgia is one of the few states that's a little bit different.
In Georgia, they have something called the State Board of Pardons and Paroles.
And it's this board.
It's not the governor.
It's this board consisting of five members who would be in charge of offering clemency to President Trump.
Although, in a certain sense, the governor retains some, you can say, sort of indirect influence on the pardon process, given the fact that it's the governor who appoints members to this board, although those members do then have to be confirmed by the state Senate.
And so, in theory, the Georgia State Board of Pardons and Paroles is technically independent of the governor.
And so, in our previous episode, when I said that it was the governor of Georgia with the authority to pardon President Trump, I was flat out wrong, and I apologize for that.
And I hope you will forgive me and still smash those like and subscribe buttons so that this content can reach ever more people.
Now, with that bit of housekeeping out of the way, let's dive into some other updates regarding the many lawsuits aimed at President Trump, starting over in the state of Florida.
In the classified documents case, there has been a battle raging between President Trump's legal team and Jack Smith's prosecution team regarding which documents Trump will have access to while building his defense.
And while Trump's legal team has been trying to gain access to as many documents as possible in order to build a solid defense, Jack Smith, on the other hand, has been making the attempt to hide certain documents.
Specifically, a newly unsealed court filing shows that Jack Smith's team of prosecutors, they were trying to stop the defense from getting access to certain files, even though those particular files were not actually classified.
And the reasoning for doing this was because it would give Trump's lawyers too much information when building a solid defense.
Quote, Meaning that they were attempting to hide these files so as to prevent Trump's legal team from being able to mount an effective defense.
Now, for your reference, CIPA, as mentioned in that statement, stands for Classified Information Procedures Act.
And this is the law which governs how classified documents can be used in a courtroom.
Because classified documents, they cannot just be thrown out willy-nilly.
And so CIPA, it lays out a fairly complex set of rules on how exactly these classified documents can be presented in a court of law.
And Jack Smith and his team were attempting to hide what's known as a CIPA Section 4 motion.
Here's what that means.
Quote, A CIPA Section 4 motion asks the judge to redact certain information from the classified documents that are turned over to the defense.
The seven stage CIPA process is sequential, meaning that one stage has to be completed before going on to the next.
In plain English, it means that the prosecution was trying to hide their game plan by obfuscating these motions by keeping these filings secret.
However, the judge in the case, who for your reference is Judge Eileen Cannon, she was appointed to the bench by President Trump himself, well, she wasn't really having it.
And instead, two days ago, she rejected Jack Smith's motion to keep these documents hidden from Trump's legal defense team.
And in so doing, She ordered the clerk to unseal multiple documents that the prosecution was trying to keep under wraps.
Here was part of what her court order said.
In light of the special counsel's response to the defendant's motion to unseal 230, and mindful of the strong presumption in favor of public access to judicial documents, the clerk is directed to unseal docket entries 223, 224, and 230.
And so, in the ongoing battle over what will and what will not be handed over, the latest decision from the judge was a win for the defendants, who can now look at the contours of the prosecution's plan and lay out their defense accordingly.
If you'd like to read any of the documents related to this back and forth, I'll throw all those links down into the description box below this video.
And now, let's move on over to Arizona, where another judge had just handed another victory to President Trump.
Because you see, unbeknownst to most people, Fifteen states across the country right now have lawsuits being waged against President Trump asking the courts to take his name off the ballot.
The rationale behind all these different lawsuits is that since President Trump allegedly engaged in an insurrection on January the 6th, he should therefore be disqualified from holding office as per the 14th Amendment.
If you'd like to know the greater details of this legal argument, we actually did a much deeper dive into the whole topic on a previous episode.
I'll throw the link to that previous episode down into the description box below.
Regardless, though, the short of it is that these different 14th Amendment lawsuits seeking to keep Trump off the ballot are failing one after the other, which brings us right over to Arizona.
The case in Arizona was brought forth by a man named John Anthony Castro.
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