Former President Donald Trump’s lawyers tried to subpoena committee members for so-called “missing material” during the investigation of the January 6 attack on the U.S. Capitol.
However, this attempt was unsuccessful. Now, the lawyers are going after the judge, asking that he define “the scope of the prosecution” in his election subversion case in Washington, D.C.
The lawyers claim that government agencies like the Justice Department and the CIA have refused to provide evidence that could vindicate Trump.
His lawyers filed a 37-page motion last Wednesday, November 29, alleging that “while it is true that the prosecution has produced a significant volume of material, it has intentionally and unlawfully declined to search for other exculpatory documents that are in its actual or constructive possession.”
According to Trump’s legal team, the court needs to force prosecutors to carefully search for information or evidence that could help his case.
Prosecutors must also begin to search for evidence, which he claims is located at the FBI, the Department of Justice, the Department of Justice Office of the Inspector General, the National Archives Office of the Inspector General, and the United States Postal Inspection Services.
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The motion argues that discovery obligations cover the personnel in the offices. Attorney Todd Blanche wrote that the obligations extend to everyone and all “components of the DOJ that participated in investigations relating to the 2020 election and January 6, 2021, federal agency components that participated in or assisted those investigations, and the records of the January 6 Committee.”
Standard trial procedures state that prosecutors are required to disclose exculpatory evidence. However, U.S. judge Tanya Chuktan considers Trump’s request under the Brady evidentiary obligations too broad.
A few weeks ago, the same judge denied his request for missing materials from the congressional committee investigating the January 6 riots.
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Additionally, Trump’s lawyers asked Chuktan to order the special counsel’s office to “collect and disclose documents and information from agencies whose personnel are likely to trial witnesses, or that assisted the investigations relating to the 2020 election and January 6.”
The documents comprise several classified briefs, memos, and interviews from several agencies. Blanche argues that the investigation should force people connected to it to disclose such information.
Trump claims that the Department of Defense is directly linked to the events of January 6. As a result, the DOD is a part of the prosecution team.
Blanche highlights that prosecutors must provide Trump with contrary evidence where they write in their indictment that Trump didn’t respond quickly to calm the rioters. He noted this referring to when the Capitol Police and the D.C. Metropolitan Police Department contacted the National Guard during the Jan. 6 riots.
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Similarly, the motion suggests that the special counsel and the Department of Homeland Security must produce exculpatory records. Since they relied on the judgment of key Cybersecurity & Infrastructure Security Agency (CISA) personnel, including former CISA director Chris Kerbs.
Interestingly, Trump sacked Krebs just a week after the no-fraud finding in 2020. Trump’s lawyers are also keeping their eyes on defense evidence. They believe the assistant director of the FBI office in Washington in late 2021, Steven “Mike” D’ Antuono, is holding onto evidence.
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