Prosecutors and defense lawyers in the classified documents case against former President Donald Trump are due in court for the first time since the judge indefinitely postponed the trial earlier this month.
FILE - The indictment against former President Donald Trump is photographed on Friday, June 9, 2023. Prosecutors and defense lawyers in the classified documents case against former President Donald Trump are due in court Wednesday, May 22, 2024, for the first time since the judge indefinitely postponed the trial earlier in May. against former President Donald Trump are due in court Wednesday for the first time since the judge indefinitely postponed the trial earlier this month.U.S.
Prosecutors on special counsel Jack Smith's team, which brought the case, will argue against that request. Trump is not expected to be present for the hearing.The arguments come one day after a newly unsealed motion reveals that defense lawyers are seeking to exclude evidence from the boxes of records that FBI agents seized during athat the August 2022 search was unconstitutional and “illegal” and the FBI affidavit filed in justification of it was tainted by misrepresentations.
“The warrant was supported by a detailed affidavit that established probable cause and did not omit any material information. And the warrant provided ample guidance to the FBI agents who conducted the search. Trump identifies no plausible basis to suppress the fruits of that search,” prosecutors wrote.
The defense motion was filed in February but was made public on Tuesday, along with hundreds of pages of documents from the investigation that were filed to the case docket in Florida. Those include a previously sealed opinion last year from the then-chief judge of the federal court in Washington, which said that Trump's lawyers, months after the FBI search of Mar-a-Lago,to abide by a grand jury subpoena and to turn over materials to investigators, rejecting defense arguments that their cooperation was prohibited by attorney-client privilege and concluding that prosecutors had made a “prima facie" showing that Trump had committed a crime.
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