As with any criminal legal case like the one Special Counsel Jack Smith filed against Donald Trump this month, the discovery process in Trump's federal trial means that Jack Smith's team is handing over evidence used to obtain the grand jury indictment to Trump's lawyers.
It also means Trump will know exactly who ratted him out, and why.
Special counsel Jack Smith has begun producing evidence in the Mar-a-Lago documents case to Donald Trump, according to a Wednesday court filing that hints that investigators collected for the case multiple recordings of the former president – not just audio of an interview Trump gave at Bedminster for a forthcoming Mark Meadows memoir.
Prosecutors in the filing used the plural “interviews” to describe recordings of Trump – made with his consent – obtained by the special counsel that have now been turned over to his defense team. It is unclear what the additional recordings may be of or how relevant they will be to the Justice Department’s case against the former president, though the recordings include the Bedminster tape where Trump speaks about a secret military document to a writer and others, the prosecutors said in the filing.
The prosecutors’ update to the court on Wednesday night marks another swift move toward trial, which the Justice Department has said should happen quickly, and captures at least some of the extent of the evidence investigators secured to build their historic case against Trump.
The first batch of discovery production – made up of unclassified materials – includes transcripts of witness testimony in front of the grand juries in Washington, DC, and Florida that were probing the mishandling of government documents from Trump’s White House. It also includes materials collected via subpoenas and search warrants; memos detailing other witness interviews given through mid-May in the investigation; and copies of the surveillance footage investigators obtained in the probe.
The first batch of evidence, provided on Wednesday, “includes the grand jury testimony of witnesses who will testify for the government at the trial of this case,” the special counsel’s office wrote.
“Defense counsel can contact the government to arrange for inspection of unclassified items seized at Mar-a-Lago on August 8, 2022,” the filing said.
The new submission indicates that Trump’s co-defendant, Walt Nauta has not yet received discovery, but the Smith team said they will promptly provide it once a lawyer enters an appearance for him in the case. Nauta is scheduled to be arraigned next Tuesday.
Given that the people who turned state's evidence against Trump in the grand jury proceedings will likely be called to testify against Trump in the trial, I hope US Marshals are protecting these folks, because as I've mentioned before,
Trump has a long history of witness tampering and intimidation over the years. I guarantee you that Trump will try to get to them, because he has to in order to survive.
Yes, Trump only needs one juror to escape justice, but I don't know if he can do that with all the charges unless he can critically damage the testimony of witnesses. The stakes however have never been higher for Trump.
He'll do whatever he needs to do in order to sink this case.