WASHINGTON — (WASHINGTON) -- Former President Donald Trump's attorneys and the special counsel who indicted him over his handling of classified documents after leaving the White House are set to convene in federal court Tuesday for a key hearing on how classified materials will be shared between the parties as the case moves towards trial.
While the hearing is mostly a routine conference in the pretrial process for any case involving classified information, special counsel Jack Smith's office described it in a recent filing as a"crucial step" in their prosecution of Trump and his codefendant, longtime aide Walt Nauta.
Leading up to Trump's indictment, it was revealed in court filings that the government had taken custody of more than 320 documents with classification markings in Trump's possession, from his first handover of materials to the National Archives in January of 2022, his legal team's response to a subpoena from the DOJ months later, and the FBI's search of his Mar-a-Lago resort last August.
"One is to prevent the practice of 'graymail,' where a defendant could basically threaten to expose secrets at trial in an attempt to coerce the government into dropping the case," Greer said."The second is to provide an orderly pretrial process for determining the use, relevance, and admissibility of classified information at trial."
"The wrinkle is that the defense appears to be challenging whether the information at issue is classified," Aaron said."That isn't uncommon -- except most defendants aren't the former president. If someone who actually had the authority to declassify information says, 'That's not classified, and I know that because I personally declassified it' -- I don't know how that would proceed.
In one instance, Cannon restricted the FBI from using the seized classified documents as part of their ongoing probe until the review was completed. That order was ultimately thrown out in its entirety by an 11th Circuit Court of appeals panel, which found she overstepped her jurisdiction in the probe.
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