Special Counsel Jack Smith faces potential obstacles in utilizing evidence against Donald Trump obtained from grand jury investigation files, now linked to the former president's Florida case involving classified documents.

In 2023, a Washington, D.C., grand jury examined evidence, including testimony from individuals like Trump's attorney, Evan Corcoran, regarding potential charges related to the mishandling of classified materials.

Jack Smith could be prevented from using evidence by Aileen Cannon https://t.co/cv0OAvedZo pic.twitter.com/Bl1HZ178rn

— Newsweek (@Newsweek) March 28, 2024

The details

Trump and others faced indictment in Florida instead. As per federal regulations, the grand jury files were transferred to the jurisdiction of Judge Aileen Cannon, appointed by Trump, on Monday.

Legal analyst Bill Shipley noted that this transfer grants Cannon authority over the grand jury testimony, potentially impacting Smith's case, given that Cannon isn't bound by prior rulings in the Washington, D.C., court.

Shipley explained on social media platform X, formerly Twitter, that because the case shifted to Florida, Cannon could disregard certain grand jury testimonies, including Corcoran's, if she deems them to breach attorney-client privilege.

The classified docs

Corcoran testified before the classified documents grand jury in Washington, D.C., on March 24, 2023, for the second time. His testimony was prompted by a letter he authored in June 2022, affirming efforts to locate classified documents, which were later found on Trump's property.

Shipley added that Cannon might also bar prosecutors from using evidence obtained in what she views as an improper manner.

Special Counsel Smith confirmed on Monday that the grand jury files had been transferred to Cannon's court. Trump faces 40 federal charges related to the handling of sensitive materials from his Mar-a-Lago estate in Palm Beach, Florida.

The accusations

The accusations include obstructing efforts by federal authorities to recover the documents. Trump pleaded not guilty to all charges.

His former valet, Walt Nauta, and Mar-a-Lago maintenance manager Carlos De Oliveira also face charges, including conspiracy to obstruct justice, to which they pleaded not guilty.

A sealed order from Washington, D.C., allows for potential public disclosure of certain case materials, granting Cannon discretion over the release of grand jury testimony if she deems it necessary.

"Trump, unlike Biden, is alleged to have engaged in extensive and repeated efforts to obstruct justice and thwart the return of documents bearing classification markings, which provides particularly strong evidence of willfulness and is a paradigmatic aggravating factor that prosecutors routinely rely on when making charging decisions," Smith's team wrote.

Smith submitted proposed redactions for documents to the judge and defense counsel on Monday, indicating a likelihood of eventual public disclosure of the grand jury documents.