Admin law. Quite different. Sorta “court adjacent.”
FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024
My mistake
So the people who mishandled the documents in the first place by taking them from the White House to an out house want to prosecute the prosecutor for not maintaing them in an orderly fashion? You can’t make this shit up!
The documents were scanned and all of the information is available in a key word search now. Obtaining information from thiem doesn’t require that they be in any particular order, not that they ever were in anything close to systematic order in the first place. Of course maybe the boxes had sell by dates on them, that would matter.
IANAL, and I haven’t even tried to look into the applicable rules of evidence here, but … my gut tells me that this is the kind of thing that Trump’s legal team will scream to the rafters is cause for a mistrial and a total dismissal of charges.
To Judge Aileen Cannon – a judge that was appointed by Trump. Which could mean trouble.
Practically? If they photographed and painstakingly documented the contents of every single box before removing them from MAL (as it seems they did), this should be a nothing-burger.
It’s difficult to imagine a scenario in which the sequence in which the documents are in each box will have a material impact on their evidentiary value.
Imagine a ‘stolen’ coin collection. The containers were jostled in transit to the evidence locker; some that were heads are now tails, some that were tails are now heads. What’s the impact on the evidence or the right of the accused to get a fair trial?
But Trump
But Aileen Cannon
But … when neither the facts nor the law are on your side, you pound your fists on the table.
Sigh.
I’d imagine it would be a basis to challenge the integrity of the Prosecutor’s case at trial, but certainly not tampering or a crime.
In other words, if/when the prosecutor presents the evidence of gathering this information, as proof that it was mishandled, then the defense can challenge that testimony by asserting that the investigators weren’t careful when cataloging the materials, and therefore their claims are suspect (I.e. “How can you be sure that this was there, when your own procedure failed to keep everything straight?”)
(Tampering with evidence is materially changing the evidence, not mishandling it. Even losing evidence isn’t proof of tampering unless you can show that the government intentionally lost it to undermine the case. A mere mistake isn’t enough).
Moderating:
You’re in the wrong thread. This thread is for discussion of the election interference charges. I’m moving your post and those following to the Mar-A-Lago thread.
I know it can be challenging, but please make sure you’re posting to the relevant thread. Thanks.
My bad. I should have paid more attention to which thread I’m in. Thanks for the correction.
I’m guessing, but it’s still valid evidence. The same thing happened when they got Bidens documents.
What they cannot do, what they did do to Biden, is use the “new” order/proximity of where the documents are located inside the boxes. For example, if they take two boxes - one is all purely top secret, the other all purely private, then the FBI jumbles it all together - you can’t accuse Biden of just being reckless and sticking top secret documents with chili recipes. You can accuse him of just having top secret docs.
So it could go to their credibility of competent cops, but should not affect the actual evidence (the docs) nor draw inferences from how they were stored (since the order is likely now unknown).
“For the love of God, Montresor!”
I thought you two were just kidding around.
You know: Poe’s Law and all.
Sorry. I won’t do it again. I promise. Nevermore.
This whole exchange makes me ravin’ mad.
ETA: Why small?
ALL the info? Isn’t quite a bit of that classified?? or you mean just to the FBI, Courts etc??
Could be that the document rearrangement was caused by the “special master” situation and the defense knows all about it
Raw Story article
Feuer, however, says that the “‘evidence tampering’ alleged in this story was-- according to a filing by defense lawyers in this case– caused by Trump’s own insistence that a special master review the documents after their seizure during the search of Mar-a-Lago.”
This trial is still on course for starting 2 weeks from now, correct?
Is the hush money one going to be done by then?
In any case, Trump and Cannon still may find a way to delay it.
Or the Tell-Tale Heart.
I don’t think it will be even close, see here:
This is from yesterday and it says:
The historic hush money trial, which still has another three to five weeks to go, marks the first-ever criminal trial of an ex-U.S. president.
So that should rule out the idea of this being over in 2 weeks.
(I assume that the “2 weeks” comment from @JohnT was just perpetuating the “2 weeks” meme in regards to Trump and the Republicans and their repeatedly broken promises.)
And a reminder if someone wants to talk about the hush money trial, the thread about that is here:
No. The initial timing of the trial was around the 20th of May, which is 2 weeks from now. But I’m fairly sure that’s long since gone out the window.
That’s probably a safe bet. 
Right, I should have caught that.