‘Failed to preserve critical evidence’: Trump motion could shake up Mar-a-Lago case after Jack Smith admits his office misled court about location of documents in seized boxes

Jack Smith, on the left; Donald Trump, on the right

Left: Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin, File). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).

Attorneys for President-elect Donald Trump quickly fired back at federal prosecutors who are trying to keep him from taking part in an upcoming hearing related to the final remaining issues in the fading Mar-a-Lago documents case against his former co-defendants.

Late Thursday, the 45th and 47th president filed his reply in further support of a motion to intervene in the case — aiming to directly dispel arguments lodged by the U.S. Department of Justice just hours before.

“President Trump’s voice is one the Court should hear,” the motion reads. “The People of this country overwhelmingly re-elected President Trump and entrusted him with the extraordinary responsibility of preparing for the Presidency and, at 12:01 P.M. on January 20, 2025, assuming the Oval Office.”

In formal terms, the extant proceedings concern Waltine “Walt” Nauta, Trump’s personal valet, and Carlos De Oliveira, Mar-a-Lago’s chief of maintenance, both of whom face federal charges. Those charges, however, are almost certain — and widely expected — to be dropped by the incoming Trump administration in a matter of days.

In real terms, and which DOJ attorneys noted in their own latest motion, the major remaining issue is whether or not U.S. District Judge Aileen Cannon should allow the limited release of the second volume of former special counsel Jack Smith’s final report on his Trump investigations. A hearing on the question is slated for Friday.

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