Julie Kelly 🇺🇸 Profile picture
May 7 4 tweets 4 min read Read on X
You now see the usual suspects once again claim Judge Aileen Cannon is delaying the classified documents trial by putting on hold a key hearing (CIPA 5) that requires the defense to disclose what classified records they intend to use at trial.

What the very same analysts/commentators (looking at you Joyce Vance) intentionally ignore is that Special Counsel Jack Smith's mishandling of evidence and misrepresentations to the court are responsible for any delay. (Also, Smith didn't produce all classified discovery until the end of March.)

Further, the May 20 trial date has been vacated due to Smith's other indictment against Trump in DC (now on hold pending SCOTUS opinion on immunity--that trial date was March 4) and Trump's trial in NYC. One lawyer represents Trump in FLA and NYC.

These "legal" experts insist Trump has no due process rights and that one trial/proceeding should not impact another. Judge Cannon has explicitly said that she will honor Trump's rights as defendant to participate in his defense--which is further complicated by the need to review classified evidence in a secure facility.

Look at this argument by Jay Bratt in a filing last month. Keep in mind--this degenerate midget represents the United States:Image
This is from Smith's brief filed late Friday.

Not only did Smith (Bratt) admit Bratt misled the court last month related to the existing condition of the 34 boxes taken from Mar-a-Lago, but Smith further admitted the FBI index identifying exactly where an alleged classified record was found within a box containing other items IS NOT ACCURATE.

But, Smith claims, it doesn't matter if the FBI index is inaccurate or why the inner contents of the box is not in its original form because all that matters is an alleged classified document in defiance of the May 2022 subpoena was somewhere in the box.

Smith also tells Judge Cannon that since defense didn't uncover this scandal earlier, it should have no bearing on how to proceed.

This goes directly to the trust factor in the entire investigation. IT IS EXACTLY WHY JUDGE CANNON AUTHORIZED THE APPOINTMENT OF A SPECIAL MASTER AFTER THE RAID.

You know who look like the biggest idiots right now? The 11th Circuit Court panel who overturned Cannon's order. Had they allowed it to stand, this case probably would have blown up before the indictments.

And IMO, the fact Jack Smith just admitted "some" of the prop classified cover sheets used as placeholders do not match up with the classified record taken from the box and put into classified discovery is the biggest scandal:

This is key--from Trump's response last night.

Tim Parlatore, one of Trump's initial lawyers on this case, told John Solomon last week that the sequence of papers was crucial to their defense--that the sequence would show papers were stored in boxes in chronological order and undisturbed since he left office.

It would play a crucial part in defending Trump against the "willful" element of Espionage Act language and the obstruction charges.

Fortunately, due to Trump's special master lawsuit in August 2022, there are scans of the contents of all the boxes taken from Mar-a-Lago. Those scans, as Jack Smith just conceded, do not match the current condition of the boxes.

Expecting a barnburner of an order by Cannon related to these recent disclosures today or tomorrow.Image

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More from @julie_kelly2

May 7
NEW: Based on new revelations of evidence disruption and potential tampering, Judge Cannon has postponed a key deadline in classified docs case. This is related to special guidance (CIPA) in classified docs matters.

She is done with Jack Smith's game-playingImage
This is in direct response to a filing today by Trump's lawyers that argued disclosures by Special Counsel Jack Smith proves the government did not preserve the integrity of boxes seized during MAL raid: Image
A copy of the letter Trump's lawyers sent to Jack Smith about special counsel's confession that evidence is not in its original form--and something the lead prosecutor, Jay Bratt, erroneously attested to in court last month. Image
Read 4 tweets
May 4
Now turning to perhaps the most problematic issue for Jack Smith and Jay Bratt, his lead prosecutor.

This is from court transcript of April 12 hearing. Cannon (who probably already knew the real answer) asked Bratt about the condition of the seized boxes.

This is not true: Image
Jack Smith confessed as much in yesterday's filing. He would not have but for Nauta's attorney busting DOJ for tampering with evidence.

Defense building evidence to support motion to dismiss on prosecutorial misconduct--which is pending before Cannon. Image
This is even more stunning by Smith.

Setting aside the FBI high-tailed it out of southern FLA to conduct the investigation within the confines of the corrupt Washington FBI field office, Smith admits DOJ cannot be sure every place holder corresponds with the correct document.Image
Read 4 tweets
May 4
Before I address the evidence-tampering filing posted by Special Counsel Jack Smith last night, let's turn to the motion that forced Smith to admit what happened--one filed by Walt Nauta's attorney on May 1.

Remember the photo of "classified docs" strewn on the floor with scary looking cover sheets to depict the classification level of various papers?

It appears those cover sheets, or slip sheets, were produced and used by the FBI after the raid.

The cover sheets do not represent the format in which the records were found--an intentional misrepresentation in the court docket for special master lawsuit and by the media.

Here is how Nauta's attorney described what we now know is the FBI's use of "slip sheets" to replace alleged classified papers.

Look familiar?Image
This is how DOJ in August 2022 described the files in
a filing to Judge Cannon with accompanying photo that went viral to make it appear that this was the original form of the documents seized by FBI.

This does not appear to be the truth--at all. It instead appears that the red, yellow, and blue cover sheets were "slip sheets" the FBI used to replace alleged classified files.Image
Jack Smith finally admitted yesterday the FBI used those sheets as placeholders (I mean, you can't really say "props" to help stage a "stunt") in his filing last night.

Then laughably claimed FBI found so many classified records they ran out of stunt covers/slip sheets.Image
Read 5 tweets
May 2
NEW: Per Judge Cannon's authorization, Trump just filed unsealed version of motion to dismiss on selective/vindictive prosecution.

Notes others caught with similar documents were never prosecuted incl Biden, Pence, both Clintons and Jim Comey.Image
More evidence of comms btw NARA and Biden WH including deputy WH counsel Jonathan Su.

NARA also was demanding Trump's Twitter data.

"David isn't going to DOJ" refers to David Ferriero, Obama appointed archivist helping build a records destruction case as early as June 2021Image
Gary Stern, NARA general counsel, all over this scandal.

He met with Dana Remus, WH counsel, at the White House in August 2021 but Stern had been communicating with Su and DOJ prior to that. Image
Read 4 tweets
May 2
Ok 6th appellate court had wrong link for oral arguments in Fox/Croft Whitmer fednapping hoax.

Croft atty up 1st. He will discuss court's decision to prevent jury from seeing hundreds of incriminating comms btw FBI handlers and informants that demonstrated the entrapment scheme
Croft atty: "The judge really put the bar down on that."(There were roughly 200+ messages the defense wanted to enter into evidence. Judge said no.)

Croft points to appellate court ruling that supports disclosure of those messages to jury. "It is made for this case, where entrapment is so critical where you do have communication between govt agents."

2 Trump, one Biden judge on the panel btw.
Judge asks which messages should have been admitted. "All 3 informants?" Referring to Dan Chappel, Steve Robeson, and Jenny Plunk.

"Yes your honor."

Chappel and Robeson were primarily responsible for luring the targets into the trap, paying for food/booze/lodging, scheduling "training" camps and most importantly, organizing the "reconnaissance" trip to Whitmer's summer cottage in Sept 2020.
Read 13 tweets
May 1
Not only is Judge Cannon exposing DOJ corruption, it appears she is about to open a can of whoop ass on DC court, namely ex chief Judge Beryl Howell.

Cannon seems poised to release info related to Howell's order piercing atty-client privilege btw Trump and attorney Evan Corcoran Image
Howell consented to Smith's request to pierce that privilege under the crime fraud exception. Howell claimed there was enough evidence of a crime (!) to justify taking the extraordinary step of giving Smith access to all of Corcoran's files on Trump.

During last month's hearing, Cannon expressed frustration that she was gradually learning about grand jury proceedings/materials out of DC. She called the process "opaque" and doubted DOJ (Bratt) argument that defense all they needed. Image
Read 4 tweets

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