While the explanation may seem plausible, altering the order of documents represents a serious form of evidence tampering that could completely undermine the prosecution's case.

Perhaps even more extraordinary, the prosecution then admits that they misled the court by previously indicating that the evidence had been left untouched since its seizure last year.

"The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court," the legal filing notes. //

etba_ss JSobieski
5 hours ago
It's his job to know, not guess. Therefore, he is either incompent and lied when he certified something was true when he didn't know that for a fact or he did know and lied about it. Either way, Smith lied.

It wasn't simply a random throwaway line. He certified to the court that the documents weren't viewed and weren't tampered with. Both happened. So he either lied in original filing by stating something as fact that he didn't know or he is lying now.

Otherwise, a lead prosecutor could have his team do things and not tell him and then he could claim it didn't happen and be under no obligation to the truth. He has to certify to truth, so there is no way around him lying. Either he lied about knowing or knew and lied about it not happening.