Former President Donald Trump has found out who government prosecutors will be calling on to testify against him in the case involving alleged mishandling of classified documents, according to reports on Wednesday.
The revelation stemmed from the Justice Department’s release of “grand jury testimony of witnesses who will testify for the government at the trial of this case” as part of the pre-trial discovery phase.
That said, the DOJ’s filing did not list the witnesses specifically nor what they said during their grand jury testimony.
On Monday, a federal judge handling the case blocked the former president from releasing any evidence that is given to his legal team by federal prosecutors.
“The Discovery Materials, along with any information derived therefrom, shall not be disclosed to the public or the news media, or disseminated on any news or social media platform, without prior notice to and consent of the United States or approval of the Court,” Federal Magistrate Judge Bruce Reinhart noted in his order.
In addition, the order stated that Trump and his legal team also are not allowed to disclose any of the material, due to the sensitivity of its contents, in “any public filing or in open court without notice to, and agreement from, the United States, or prior approval from the Court.”
The defense counsel has also been instructed to keep all the documents securely in their custody. Furthermore, it stipulates that upon the conclusion of the case, all the materials must be either returned to the U.S. government or completely destroyed within 90 days.
The defendants are explicitly prohibited from retaining any copies of the material. However, they are permitted to take notes on the material, provided that these notes are securely stored, the Daily Wire reported.
Trump pleaded “not guilty” in federal court to 37 counts brought by special counsel Jack Smith. If he is found guilty on all counts, Trump — who is President Joe Biden’s chief rival in next year’s presidential election — could face decades in prison.
But last week, a former Trump attorney argued that the case may not even get to trial due to prosecutorial misconduct.
In an appearance on “The Ingraham Angle,” Timothy Parlatore argued he believes the case has fundamental flaws, particularly over the grand jury process and breaches of attorney-client privilege. Parlatore said he believes this could result in the entire case being thrown out.
Parlatore said Trump’s attorneys should “attack the conduct of the entire investigation and show through death by a thousand cuts why this entire investigation is irreparably tainted by government misconduct,” adding: “The case, therefore, should be dismissed or, at a minimum, the prosecutor should be disqualified.”
Here’s a partial transcript:
TIMOTHY PARLATORE: You know, litigating these types of cases against DOJ, as I usually do, this team acted so radically different from every professional U.S. Attorney’s office that I’ve ever dealt with. They’ve shown no regard whatsoever for attorney-client privilege. And it’s more than just the issue of Evan Corcoran. I went before the grand jury myself, not subpoenaed, I went in voluntarily… They wanted to hear about the searches that we did for additional documents. They wanted some staffer from Mar-a-Lago to go down who wasn’t going to be able to really talk about it, so I voluntarily went in because as a criminal lawyer, the opportunity to speak directly to the grand jury, I wanted that opportunity.
45 separate times. I can’t make that number up. I actually counted, 45 separate times, they asked me about my conversations with my client, and at one point we kept getting into this fight because they kept implying, “Oh, you’re keeping this from the grand jury. You won’t let them know this.”
LAURA INGRAHAM: Oh, my God. I mean, this just upends all of the attorney-client privilege ethics rules that I ever learned in law school.
TIMOTHY PARALTORE: It does. And I believe this case, there’s going to be serious litigation in the pretrial stage over prosecutorial misconduct by this team, which could entirely upend this case.
We may never get to a trial, we may never actually have to address any of the substantive issues because of the misconduct of Jack Smith and his team.