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DEVELOPING: President Trump Receives Crucial Evidence From Pending Indictment




DEVELOPING: President Trump Receives Crucial Evidence From Pending Indictment

President Trump is finally out of the shadows when it comes to the pending federal indictment against him.

Because the Biden administration, rogue Soros-backed DAs, and the Department of Justice are all working off of never-before-seen legal theories, it has likely been difficult for President Trump’s legal team to adequately plan a defense.

If something similar has never occurred before, how can one know what to defend against or what tactics to use? Where is the judicial authority?

While none of these questions have yet to be answered, at least the first discovery materials are in. …

The DOJ disclosed on Wednesday that it had given President Trump’s legal team the first round of discovery papers outlining the purported evidence against him and who will be testifying.

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Will Scharf, a legal expert, gave a thorough explanation of why the current federal prosecution against President Trump is “outrageous and alarming.” Scharf clarified:

“I want to raise a distinct issue in relation to the components of intent in Section 793(e) of the Espionage Act, the law under which Trump is accused of breaking.

According to Section 793(e), the government must demonstrate that the defendant KNEW he possessed National Defense Information (NDI) in his possession, KNEW that a government official was entitled to receive it, and that the defendant WILLFULLY neglected to give it to that official.

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In any case, jumping over these mens res barriers is dangerous. It might be challenging to establish a defendant’s knowledge and intent. But things are far harder here.

The Presidential Records Act sets up a system where the president designates all records that he creates either as Presidential or Personal Records. 44 U.S.C. § 2203(b). A former president is supposed to turn over his Presidential Records to NARA, and he has the right to keep his Personal Records.”

(1) Interplay between the Espionage Act and the Presidential Records Act

A lot of my friends have spoken insightfully about the scope of the Presidential Records Act. I’d direct you to Mike Davis’s (@mrddmia) commentary on the subject, and also Michael Bekesha of…

— Will Scharf (@willscharf) June 15, 2023

(3) Walt Nauta and DOJ Misconduct

Far and away the most troubling side story to emerge from this saga so far are the allegations made by Trump aide and co-defendant Walt Nauta’s lawyer last week.

You may have missed it if you blinked. Not surprisingly, the mainstream media has…

— Will Scharf (@willscharf) June 15, 2023

(5) Timing: Why now?

This is not a legal defect in the indictment, but it’s an important point. Why are they bringing this case now?

They know that Trump is the leading candidate for president. They know he’s beating Biden in the polls. They must know how bad it looks for a…

— Will Scharf (@willscharf) June 15, 2023

The Epoch Times shared these details regarding the first set of discovery documents:

Nauta’s June 2022 grand jury testimony was part of the first set of materials, as were copies of interviews Trump did with non-government entities, including a July 21, 2021, interview with an unidentified publisher and writer that was quoted in the indictment.

According to the government, Trump told the writer and publisher at the time that he possessed a plan to attack another country that was formulated by a senior military official, with the government indicating the official was Gen. Mark Milley.

It’s been pointed out to me that the final vote on McDonnell v. United States was 8-0, not 9-0, because Justice Scalia passed away before the opinion was issued.

My point still stands. The Supreme Court unanimously said that Smith overstepped and smacked him down for it.

— Will Scharf (@willscharf) June 15, 2023

Daily Wire adds:

A federal judge issued a protective order on Monday blocking Trump from being able to release any of the evidence that prosecutors turn over to his defense team during the discovery process.




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