唐纳德·特朗普听证会的第三天也是最后一天机密文件案在检察官特别顾问杰克·史密斯指责前总统的律师用牵强附会的指控“劫持”听证会后，达成了激烈的结论。
美国地方法官艾琳·坎农(Aileen Cannon)回应道，“没有劫机在进行——就要结束了”，打断了检察官大卫·哈巴赫(David Harbach)的话。
“这不公平，”哈巴赫回应道，他认为特朗普的律师通过提出与法庭审理的事项“无关”的问题，实际上“劫持了”听证会。
坎农召集了听证会，听取辩方要求驳回案件的辩论，以及他们限制检察官使用选定证据的努力。
法宝不服罪去年有40项刑事指控与他离开白宫后处理机密材料有关，此前检察官表示，他多次拒绝归还数百份包含机密信息的文件，并采取措施阻挠政府收回文件的努力。
特朗普否认了所有指控，并谴责调查是政治迫害。
坎农法官结束了周二的听证会，但没有做出任何裁决。法官似乎普遍对辩方的论点持怀疑态度，即证据来自美国联邦调查局2022年8月对特朗普Mar-a-Lago房产的搜查应该扔掉因为搜查令不够具体。
在90分钟的听证会上，坎农反复告诉特朗普的律师，她“不清楚”他们认为逮捕令和随后的搜查应该如何进行，称他们的论点似乎“很遥远”。
特朗普的律师辩称，搜查该房产的美国联邦调查局特工得到了关于如何进行搜查的模糊指示，搜查令中的宣誓书省略了关键细节，对Mar-a-Lago的搜查走得太远，包括搜查特朗普妻子和小儿子的卧室。
“这是一笔巨大的财产。我们不是在谈论对郊区住宅区的搜查。这不是城市里的公寓，”辩护律师埃米尔·博韦争辩道。
“你想说什么?这是一大笔财产，”坎农回答说。"你会同意文书工作是一种可以放在任何地方的东西."
然而，坎农敦促哈巴赫解释为什么美国联邦调查局特工将搜索范围扩大到卧室，而不仅仅是存放机密文件的储藏室和办公室。
"有证据表明箱子被搬到了孩子的房间吗?"坎农问。
“没有直接证据，”哈巴赫说，尽管如此，他仍然认为，“不在那里搜查”是“不负责任的”，因为他们认为特朗普移动了盒子，并将它们存放在奇怪的位置，包括浴室淋浴。Harbach坚持说，在搜查过程中，“没有在任何地方翻找，尤其是在这两个地方。”
Bove还认为，检察官在申请搜查令时犯了重大疏漏，包括特朗普作为总统有权拥有机密文件。
坎农似乎不相信，她说她“看不出为什么在宣誓书中加入无争议的和明显的观点”会有所不同。
“关键是后总统任期，”坎农谈到特朗普涉嫌保留机密文件的问题。
虽然Bove认为对Mar-a-Lago的搜查令“授权太多”，但Harbach强调为检察官和进行搜查的美国联邦调查局特工的行为辩护。
Harbach说:“搜索的进行方式一点也不令人震惊。”
坎农在过去的一年里做出了一系列裁决支持辩护在搜查问题上，她明确表示愿意站在检察官一边，并表示，在就合法的“劫持”指控举行听证会之前，她“很难”接受辩方的论点。
"我们能不能专注于这个动议?"当法官对双方的争论越来越失望时，坎农告诉波维。
在听证会的早些时候，她恳求哈巴赫“请不要把话强加给我。”
“我不是故意要把话强加给你，法官大人，”哈巴赫回应道。
在听证会上，坎农没有提到票据的可采性特朗普的前首席律师埃文·科克兰(Evan Corcoran)在听证会开始时指出，在上午的会议上，讨论了“推定特权材料”的话题。
Prosecutor accuses Trump's lawyers of 'hijacking' hearing in classified docs case
The third and final day of hearings in Donald Trump'sclassified documents casereached a heated conclusion after prosecutor for special counsel Jack Smith accused the former president's lawyers of "hijacking" the hearings with far-fetched allegations about the case.
"There is no hijacking going on -- it's about to end," U.S. District Judge Aileen Cannon responded, cutting off prosecutor David Harbach.
"It's not fair," Harbach responded, arguing that Trump's lawyers effectively "hijacked" the hearing by raising issues that have "nothing to do" with the matters before the court.
Cannon had convened the hearings to hear arguments over the defense's requests to have the case dismissed, as well as their efforts to limit prosecutors' use of selected evidence.
Trumppleaded not guiltylast year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government's efforts to get the documents back.
Trump has denied all charges and denounced the probe as a political witch hunt.
Judge Cannon concluded Tuesday's hearing without issuing any ruling from the bench. The judge generally appeared skeptical of the defense argument that the evidence seized from the FBI's August 2022 search of Trump's Mar-a-Lago estateshould be tossedbecause of a lack of specificity in the search warrant.
During the 90-minute hearing, Cannon repeatedly told Trump's lawyers she was "unclear" how they believed the warrant and subsequent search should have been conducted, saying their arguments appeared "far afield."
Trump's lawyers argued that the FBI agents who searched the property were given vague instructions about how to conduct the search, that the affidavit in the search warrant omitted key details, and that raid of Mar-a-Lago went too far by including searches of the bedrooms of Trump's wife and youngest son.
"This was an enormous piece of property. We are not talking about the search of a residential piece of property in the suburbs. It's not an apartment in the city," defense lawyer Emil Bove argued.
"What's your point? It's a large property," Cannon responded. "You would agree paperwork is a sort of thing that can be located anywhere."
However, Cannon pushed Harbach to explain why FBI agents extended their search to the bedrooms, rather than just the storage room and office where classified documents were stored.
"Was there any evidence the boxes were moved to the child's room?" Cannon asked.
"No direct evidence of that," said Harbach, who nonetheless argued that it would have been "irresponsible not to search there" because they believed Trump moved boxes and stored them in odd locations, including a bathroom shower. Harbach insisted that during the search there was "no rummaging anywhere, least of all in either of those locations."
Bove also argued that prosecutors made significant omissions -- including that Trump had a right to possess classified documents as president -- when they applied for the search warrant.
Cannon appeared unconvinced, remarking she was "failing to see why adding into the affidavit the undisputed and obvious point" would make a difference.
"The key is post-presidency," Cannon remarked about Trump's alleged retention of classified documents.
While Bove pushed that the warrant for Mar-a-Lago "authorizes way too much," Harbach emphatically defended the conduct of prosecutors and the FBI agents who conducted the search.
"There was nothing egregious about how the search was conducted at all," Harbach said.
Cannon, who over the last year has made a series of rulingssupporting the defense, signaled a clear willingness to side with prosecutors on the issue of the search, remarking that she had a "hard time" buying the defense argument before the hearing erupted over accusations of legal "hijacking."
"Can we just stay focused on this motion, please?" Cannon told Bove at one point as the judge grew frustrated with the arguments from both sides.
Earlier in the hearing, she implored Harbach to "please try not to put words in my mouth."
"I didn't mean to try to put words in your mouth, your honor," Harbach responded.
Cannon, during the hearing, did not address theadmissibility of notesby Trump's former lead attorney Evan Corcoran -- but noted at the start of the hearing that the topic of the "presumptively privileged material" was discussed under seal during the morning session.
