Former President Trump's defense team will argue that his due process rights were violated during the FBI's raid on his Mar-a-Lago property, and that attorney-client privilege was breached.
Former President Trump's defense team will present arguments in a hearing on Wednesday seeking the dismissal of the government's classified documents case against him. The defense will contend that Trump's due process rights were violated during the FBI's raid on his Mar-a-Lago property and that attorney-client privilege was breached.
The hearing will be held in two parts, with a closed session at 11 a.m. and an open session at 1 p.m. The closed session will address issues related to grand jury secrecy, attorney-client privilege, and work product protection. The open session will be open to the public.
Trump's Defense Team Seeks Dismissal of Classified Documents Case
Trump's defense team will argue that the evidence obtained during the Mar-a-Lago raid should be thrown out due to unconstitutionality, claiming that the warrant lacked the specificity required by the Fourth Amendment. The defense will also challenge the standing of Special Counsel Jack Smith's office to invoke the good-faith exception to preserve evidence from the search.
Lawyers for Trump will present evidence that the government misled a judge in order to obtain the search warrant. They will also argue that attorney-client privilege was breached by the FBI during the search.
Trump's Defense Team Seeks Dismissal of Classified Documents Case
The initial filing from Trump's lawyers requesting relief relating to the raid claimed that the special counsel acted in an "extraordinary and unlawful" way to get access to legal communications between Trump and his lawyer, which are protected by attorney-client privilege. The lawyers claimed it was erroneous for a court to apply the crime-fraud exception, which removes certain protections for Trump lawyer M. Evan Corcoran under attorney-client privilege.
According to Trump's legal team, the elements of the crime-fraud exception were not met by the prosecution, particularly because they claim the communications between Trump and Corcoran were not furthering any crimes.
Trump's Defense Team Seeks Dismissal of Classified Documents Case
The request from Trump's defense, initially made in May, is that evidence seized during the raid and obtained in alleged violation of attorney-client privilege should be suppressed and that the superseding indictment from the special counsel's office should be dismissed.
The outcome of this hearing could have significant implications for the classified documents case against Trump. If the court rules in favor of Trump's defense team, the evidence obtained from the Mar-a-Lago raid could be suppressed, potentially weakening the government's case. However, if the court rules against the defense, the case will proceed and could lead to a trial.
Trump's Defense Team Seeks Dismissal of Classified Documents Case
