在唐纳德·特朗普的隔夜法庭文件中机密文件案特别顾问杰克·史密斯为2022年8月对前总统Mar-a-Lago房产的搜查进行了辩护,此前特朗普的律师要求驳回此案,理由是搜查期间一些文件被调换了。
这份提交给负责此案的法官艾琳·坎农的文件,星期二听到争论在辩方要求撤销案件时,提供了可能是最详细的搜查记录和特朗普箱子的状态被美国联邦调查局扣押-包括一些从未见过的箱子照片,以说明特朗普如何储存他的材料。
“特朗普个人选择将包含一些国家最高度戒备的秘密的文件放在纸箱里,同时还有一系列他在总统任期内选择的各种大小和形状的纪念品——报纸、感谢信、圣诞饰品、杂志、衣服以及他自己和其他人的照片,”文件说。
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。
周二的文件称,“在总统任期结束时,他带着他杂乱的纪念品收藏去了他的私人住宅和社交俱乐部Mar-a-Lago,在那里,这些箱子从一个容易接近的地方移动到另一个地方——公共舞厅、办公场所、浴室和地下室储藏室。”
据检察官称,这些盒子缺乏条理,而且特朗普对它们的内容非常熟悉,这促使他的一些工作人员将它们称为“美丽心灵”盒子,指的是关于天才数学家约翰·纳西的同名电影。
特朗普的律师声称,这些盒子没有按照它们被发现时的确切方式保存,并声称证据已经被篡改。然而,特别律师在文件中辩称,特朗普“杂乱的纪念品收藏”和物品储存的“随意方式”使得盒子的内容可以在任何时候移动。特别顾问说箱子里的东西没有任何变化,尽管有些东西可能在箱子里移动了。
“因为这些箱子是各种物品的混合体,包含许多大小和形状各异的小型松散材料和纸张,所以在移动它们时,其中的物品必然会四处移动,”文件中说。
在文件中,这位特别律师详细描述了负责搜查箱子的美国联邦调查局特工的谨慎本质,包括特许材料和机密文件。
“然而,一旦特工看到特朗普保存箱子的状态,就很明显,鉴于文件形状和大小的多样性(报纸、照片、杂志、松散的卡片和笔记、信封等),保持箱子内所有文件和物品的准确顺序几乎是不可能的。),以及其他非文件物品,如衣服、相框和其他纪念品,”文件称。
检察官在文件中辩称,最近关于箱子状况的辩护论点是“新发明的解释”,是特朗普“对执法专业人员工作的最新毫无根据的指控”。
Special counsel criticizes Trump for storing national secrets amid 'cluttered collection of keepsakes'
In an overnight court filing in Donald Trump's classified documents case, special counsel Jack Smith defended the August 2022 search of the former president's Mar-a-Lago estate, following Trump's lawyers' request to dismiss the case on the basis that some of the documents were shuffled around during the search.
The filing, which came before the judge overseeing the case, Aileen Cannon, heard arguments Tuesday on defense requests to have the case dismissed, provides perhaps the most detailed account of the search and the state of Trump's boxes that were seized by the FBI -- including never-before-seen photos of some of the boxes to illustrate how Trump stored his materials.
"Trump personally chose to keep documents containing some of the nation’s most highly guarded secrets in cardboard boxes along with a collection of other personally chosen keepsakes of various sizes and shapes from his presidency -- newspapers, thank-you notes, Christmas ornaments, magazines, clothing, and photographs of himself and others," the filing says.
Trump pleaded not guilty last 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.
"At the end of his presidency, he took his cluttered collection of keepsakes to Mar-a-Lago, his personal residence and social club, where the boxes traveled from one readily accessible location to another -- a public ballroom, an office space, a bathroom, and a basement storage room," Tuesday's filing said.
The boxes' lack of organization -- and Trump’s detailed familiarity with their contents -- prompted some of his staff to call them the “Beautiful Mind” boxes, referring to the film of the same title about genius mathematician John Nash, according to prosecutors.
Trump's lawyers claim the boxes were not preserved in the exact manner in which they were found, and claim the evidence has been tampered with. However, the special counsel argued in the filing that Trump's "cluttered collection of keepsakes" and "the haphazard manner" in which the items were stored allowed the contents of the boxes to shift anytime they were moved. The special counsel says the contents of the boxes didn't change at all, despite some items perhaps moving within the boxes.
"Because the boxes were a mix of items and contained many small, loose materials and papers of various sizes and shapes, items within them necessarily shifted around anytime they were moved," the filing said.
In the filing, the special counsel details the cautious nature of the FBI agents who were tasked with searching the boxes -- both for privileged materials and classified documents.
"However, once agents saw the state in which Trump kept his boxes, it became apparent that maintaining the exact order of all documents and items within the boxes was nigh impossible given the variety of document shapes and sizes (newspapers, photographs, magazines, loose cards and notes, envelopes, etc.), and the presence of other non-documentary items like clothing, framed pictures, and other keepsakes," the filing says.
Prosecutors argue in the filing that the recent defense arguments about the conditions of the boxes are "newly invented explanations" and Trump's "latest unfounded accusations against law enforcement professionals doing their jobs."