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Jack Smith's team admits to 'incorrect' claim about evidence in Trump classified documents case

All CCTV footage obtained by the government has now been given to the defendants, according to Smith's team.

Published: August 2, 2023 8:39am

Special counsel Jack Smith's team admitted to incorrectly claiming to have turned over evidence as required by law in the classified documents case against former President Donald Trump. 

While preparing last week to indict Mar-a-Lago property manager Carlos De Oliveira for allegedly conspiring with Trump to delete surveillance footage from the estate, prosecutors learned that footage included as evidence "had not been processed and uploaded to the platform established for the defense to view," Smith's team wrote in a filing Monday.

"The Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced was therefore incorrect," the prosecutors also said.

All CCTV footage obtained by the government has now been given to the defendants, according to Smith's team.

The so-called Brady rule requires prosecutors to disclose all evidence and information favorable to the defendant.

Trump earlier this week denied deleting any tapes at his Florida home and said he voluntarily handed them over to prosecutors. He pleaded not guilty to the 37 charges in the classified documents case, but three additional charges were brought against him when De Oliveira was added to the indictment last week.

The classified documents case is separate from the federal election probe that Trump was indicted in on Tuesday.

Follow Madeleine Hubbard on Twitter or Instagram.

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