Julie Kelly.1/2
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:
Recently Mr. Woodward, Mr. Murrell, Mr. Irving, went to the FBI's Washington field office in D.C. and reviewed the boxes that were seized by the FBI –
THE COURT: Are the boxes in their original, intact form as seized?
MR. BRATT: They are, with one exception; and that is that the classified documents have been removed and placeholders have been put in the documents.
But in conjunction with their visit a couple of weeks ago, we prepared for them a chart that lists all the boxes that
had classified documents in them, and which classified
JK;Jack Smith confessed as much in yesterday's filing. He would not have but for Nauta's attorney busting DOJ for tampering with evidence.
JK: Defense building evidence to support motion to dismiss on prosecutorial misconduct–which is pending before Cannon.
-
Location of Classified Documents Within Each Box: Since the boxes were seized and stored, appropriate personnel have had access to the boxes for several reasons, including to comply with orders issued by this Court in the civil proceedings noted above, for investigative purposes, and to facilitate the defendants' review of the boxes. The
inventories and scans created during the civil proceedings were later produced in discovery in this criminal case.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.?
There are several possible explanations, including the above-described
instances in which the boxes were accessed, as well as the size and shape of certain items in the boxes possibly leading to movement of items. For example, the boxes contain items smaller than standard paper such as index cards, books, and stationary, which shift easily when the boxes are carried, especially because many of the boxes are not full. Regardless of the explanation, as discussed below, where precisely within a box a classified document was stored at Mar-a-Lago does not bear in any way on Nauta's ability to file a CIPA Section 5 notice.
https://threadreaderapp.com/thread/1786771652216267259.html