'No prosecutorial misconduct': Jack Smith smacks down Trump's motion to dismiss docs case
Special counsel Jack Smith responded Tuesday after Donald Trump's attorneys moved to dismiss the classified documents case against him.
In a 25-page court filing Tuesday, Trump's legal team claimed prosecutorial misconduct and due process violations.
Trump's lawyers argued that the Biden administration and the National Archives and Records Administration (NARA) improperly coordinated with the Department of Justice (DOJ) and the FBI to target Trump. They claimed this coordination violated the Presidential Records Act and Trump's due process rights.
Smith responded on Tuesday in a 29-page filing.
"This case has been investigated and prosecuted in full compliance with all applicable constitutional provisions, statutes, rules, regulations, and policies," Smith wrote. "There has been no prosecutorial misconduct, and his motion should be denied."
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Smith refuted the claim that NARA and the DOJ colluded in bad faith. He explained that NARA's interactions with the DOJ were part of their statutory duties and not part of a criminal investigation.
The response also dismissed claims of pre-indictment delay. Smith argued that the time taken was necessary for a thorough investigation and did not aim to gain a tactical advantage over Trump.
Regarding the grand jury process, Smith stated there was no abuse in presenting evidence to a grand jury in the District of Columbia instead of Florida, as the investigation spanned multiple districts and involved activities in both.
Politico's Kyle Cheney pointed out that Smith's filing alleged that additional classified documents were found at Trump's Mar-a-Lago home after an FBI search had taken place.
"Trump’s motion should be denied," Smith concluded. "As set forth in the Government’s response to the defendants’ hearing requests, no hearing is necessary before doing so."
It was not immediately clear if U.S. District Judge Aileen Cannon would schedule a hearing on the motion to dismiss.