Trump exposed Special Counsel Smith's 'aggressive' efforts and unconstitutional acts in motions to dismiss charges and suppress evidence

 May 23, 2024

Special Counsel Jack Smith abused power and violated laws in his ongoing effort to prosecute former President Donald Trump over his alleged unauthorized retention of classified documents after leaving the White House, and the National Archives similarly violated rules and Trump's rights by secretly colluding with the Biden administration to go after the former president.

Those and other claimed examples of the Justice Department's "aggressive effort to get Trump" were just revealed in lightly redacted filings submitted on Monday by Trump's defense attorneys in the South Florida federal case, according to the Washington Examiner.

The filings included a motion to suppress the evidence gathered during the FBI's August 2022 raid of Trump's Mar-a-Lago residence and a motion to dismiss altogether the criminal charges that stemmed from that unprecedented raid on a former president.

Evidence unlawfully gathered from Mar-a-Lago raid

In the 28-page motion to suppress, former President Trump's attorneys asserted that senior DOJ leaders insisted upon authorizing a raid of Trump's Mar-a-Lago residence over the objections of the FBI, which unsuccessfully argued in internal emails that the "best scenario" for all involved to settle the dispute over classified documents would be for the DOJ and Trump's lawyers "working together" cooperatively.

Yet, per the motion, a warrant for the raid was obtained via multiple misrepresented facts that violated Trump's Fourth Amendment rights, and as such deserved a special hearing to "suppress the fruits of the search."

"The Mar-a-Lago raid was unconstitutional," Trump's attorneys stated, because an FBI agent "misled the magistrate judge to obtain the warrant, and the warrant lacked the particularity required by the Fourth Amendment. The good-faith exception is unavailable because of the egregious manner in which the search was executed."

Likewise, the motion accused the special counsel's office of taking "extraordinary and unlawful steps to gain access to evidence of privileged communications between President Trump and his attorneys" in the aftermath of the FBI raid, primarily by repeatedly pressing one of Trump's former attorneys to violate attorney-client privilege during testimony before a grand jury.

Biden admin, National Archives, DOJ, and FBI all colluded together in "bad faith"

At the same time, Trump's attorneys also submitted a 25-page motion to dismiss which called for the "dismissal of the Superseding Indictment and/or suppression of the 15 Boxes on the basis of prosecutorial misconduct and violations of President Trump’s due process rights during the investigation and in grand jury proceedings."

That motion laid out how the Biden administration and the purportedly independent and unbiased National Archives had unlawfully coordinated their efforts with the DOJ and FBI to violate Trump's due process rights and provisions of the Presidential Records Act.

Those violations include misleading Trump and his attorneys that disputes over records were being handled in civil proceedings when criminal proceedings were secretly underway as well as PRA requirements that former presidents be "promptly" notified about any claims or disputes regarding their retained or archived records.

"NARA, the Biden Administration, and DOJ 'collude[d] in bad faith' to deprive President Trump of his constitutional rights by using civil authorities to collect evidence for use in a criminal prosecution," the motion stated. "Politically biased NARA officials violated the agency’s regulations, and broke custom and practice dating back to the enactment of the PRA, by colluding with the Biden Administration to initiate a criminal investigation of President Trump rather than simply collecting the records that President Trump had designated as Presidential Records."

Special counsel accused of "prosecutorial misconduct" and abuse of the grand jury process

Trump's attorneys further alleged in the filing that the special counsel's office "timed the charges in this case to maximize the likelihood that the prosecution would interfere with President Trump’s ability to continue with his winning campaign for the Republican Party’s nomination and to defeat President Biden," which violated the Constitution's Due Process Clause and should result in a dismissal.

It was also argued that the special counsel engaged in "prosecutorial misconduct" and "abused the grand jury process" by "forum shopping" and presenting evidence to a grand jury in Washington D.C. instead of South Florida, as well as by "engaging in abusive and improper questioning of one of President Trump’s former attorneys and issuing a pretextual subpoena to NARA."

According to the court docket, presiding Judge Aileen Cannon held hearings on Wednesday to address certain matters, potentially including those recent motions from Trump's attorneys, but is unknown at this time how or when she will ultimately rule on them.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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