If you have followed law and politics for any length of time, you have probably heard of “speaking indictments.” That’s where the prosecution will write an indictment or court motion with very granular -yet perhaps not pertinent- details of a case against a suspect that highlights a much bigger picture than a singular perspective against the individual defendant. The intent is to make the public aware of the details within a case by making them part of the court record.
In the Special Counsel Jack Smith constructed Lawfare case against Donald Trump, what is generally called “the documents case”, involving the raid on Mar-a-Lago, President Trump’s attorney, Christopher Kise, did something similar to a speaking indictment with an extensive court motion on January 16, 2024. The 68-page motion is a comprehensive “speaking motion” which outlines a great deal of the fraud and Lawfare manipulation by the special counsel. [SEE DOCUMENT HERE]
In response to the filing, using the pre-established legal narrative about needing to control “national security” information [SEE HERE], the Jack Smith team (essentially Lawfare operatives like Weissman, Eisen and McCord) redacted large portions of the Trump motion specifically to stop the public record from showing the outline. However, two days ago, April 22nd, Judge Aileen Cannon unsealed and more importantly ‘unredacted’ the motion.
Keep in mind, back in the beginning of the pre-trial discovery phase -in response to the filing by Trump- Jack Smith gave the judge the opinion of the DOJ [SEE HERE] toward discovery and documents. As noted, and summarized well by Julie Kelly:
To clear up any confusion as to what Special Counsel Jack Smith sought to conceal in classified documents case, this is what Smith told Judge Cannon in Feb 2024 in response to Trump’s motion to compel discovery from numerous govt agencies:
1) Defendants are not entitled to discovery of internal government correspondence and memoranda, or to documents that are otherwise privileged.
2) The Court Should Deny Defendants’ Requests for Evidence of ‘Improper Coordination with NARA’ and of ‘Bias and Investigative Misconduct.’
3) The Court Should Deny Defendants’ Requests for Evidence Related to Trump’s Security Clearance With The Department of Energy.
4) The Court Should Deny Defendants’ Requests for Evidence Related to Secure Facilities at President Trump’s Residences.
5) The Court Should Deny Defendants’ Requests for Production of Materials Concerning the Search of Mar-a-Lago.
AND FINALLY:
6) Defendants’ Request for Unredacted Discovery of Materials Should Be Denied.
(more…)
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