"Completely out of bounds" Trump filing would delay docs case. Expert says expect a "harsh" response

Former President Donald Trump’s legal team in a series of new filings on Tuesday signaled that they plan to argue that the intelligence community and the investigation into classified documents found at Mar-a-Lago was “politically motivated and biased.”

The lawyers in a filing to Trump-appointed U.S. District Judge Aileen Cannon accused special counsel Jack Smith of withholding records from Trump and flouting “basic discovery obligations,” according to The Messenger.  

Trump attorneys Chris Kise and Todd Blanche alleged that Smith’s team is "seeking to avert its eyes from exculpatory, discoverable evidence in the hands of the senior officials at the White House, DOJ, and FBI who provided guidance and assistance as this lawless mission proceeded, and the agencies that supported the flawed investigation from its inception such as NARA, the Office of the Director of National Intelligence ('ODNI'), and other politically-charged components of the Intelligence Community."

The filing requested reams of additional materials from Smith’s team, arguing that the “prosecution team” is larger than the FBI and DOJ.

"The prosecution team includes the Intelligence Community agencies and components that participated in the investigation, such as during classification reviews and damage assessments," Trump's lawyers wrote. "This includes the Office of the Director of National Intelligence and the agencies identified in...the Indictment as 'equity' holders of some of the documents at issue: the Central Intelligence Agency, the Defense Department, the National Security Agency, the National Geospatial Intelligence Agency, the National Reconnaissance Office, the Department of Energy, and the Statement [sic] Department."

Former U.S. Attorney Joyce Vance told MSNBC that the filing furthers the “fantastical narrative that Trump is the victim” of a politicized federal branch.

Vance said that while it may be “warranted” for Smith’s team to go back and talk to all of the FBI and DOJ personnel involved in the case, the other parts are “just completely out of bounds.”

"They want the special counsel to go and work with the entire intelligence community to turn over everything in the intelligence community's possession that touches on anything to do with this," said Vance. "So I think the safe thing to say is that we should wait for Jack Smith's response, which will undoubtedly be pretty harsh, given what the defense is requesting here."

Vance added that the filing also gives Judge Cannon, who has repeatedly delayed proceedings in the case, the “opportunity to delay things even further.”

“This could be where that May trial date goes off the rails,” she said.

Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

National security attorney Bradley Moss called the filing a “political talking point and narrative dressed up with legal arguments.”

“They don’t expect to find this evidence of collusion if they were to get some of this extra discovery… they want to drag the process out,” he said. “That’s their point with this, to try to see if Judge Cannon will agree with them to expand the scope… and produce information that would take longer to get through. That’s their goal with this. I don’t believe they expect to find a lot of interesting information, they just want this to take longer.”