by Tristan Justice at the Federalist
Special Counsel Jack Smith admitted federal prosecutors tampered with evidence in his criminal case alleging former President Donald Trump mishandled classified documents.
According to a Friday court filing, prosecutors said documents the FBI seized from Trump’s Mar-a-Lago residence are no longer in the same order in which they found them, and some are mislabeled and may even be misplaced. A government “filter team” that dealt with the boxes once the FBI took them “was not focused on maintaining the sequence of documents within each box,” the special counsel’s office wrote in the filing.
Later the filing says, of early inventories and scanned records of the seized document boxes, “Because these inventories and scans were created close in time to the seizure of the documents, they are the best evidence available of the order the documents were in when seized. That said, there are some boxes where the order of items within that box is not the same as in the associated scans.” A footnote on this last sentence says: “The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court.”
The filing also suggests the Department of Justice and FBI may have lost and mislabeled some of the documents. When the agencies first took the documents at Mar-a-Lago, government employees used many blank sheets of paper as substitutes and cover papers for what they decided might be classified documents.
After the FBI brought the document boxes to Washington DC, federal employees and contractors began replacing these “handwritten sheets” with proper classified document covers. At that point, the filing says, “In many but not all instances, the FBI was able to determine which document with classification markings corresponded to a particular placeholder sheet.” This indicates the special counsel’s office disclosed it isn’t sure whether some it lost or mislabeled some of the allegedly classified documents it seized in the Trump raid.
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