The prosecution team destroyed exculpatory evidence supporting one of the most basic defenses available to President Trump in response to the politically motivated charges in this case. The Special Counsel’s Office has wrongfully alleged that President Trump was aware of the contents of boxes in August 2022, where those boxes were packed by others in the White House and moved to Florida in January 2021. The fact that the allegedly classified documents were buried in boxes and comingled with President Trump’s personal effects from his first term in office strongly supported the defense argument that he lacked knowledge and culpable criminal intent with respect to the documents at issue. Any proximity between allegedly classified documents and other dated materials from years before the move, such as letters and newspapers, would have further strengthened this argument. The prosecution team’s instructions to agents who executed the raid essentially acknowledged these propositions, and directed the agents to take care to document the location of both seized items and potentially privileged materials.

However, the agents disregarded those instructions. The government was more interested in staging—and leaking—manipulated photographs to the press than preserving key exculpatory evidence that has now been lost forever. Trump, ECF No. 48-1.2 The agents did not maintain the order of the documents, and they did not take photographs that would have served as alternative evidence of the documents’ sequence in each box. In July 2023, the agents disclosed this fact during a meeting with prosecutors from the Special Counsel’s Office and the U.S. Attorney’s Office for the Southern District of Florida (“USAO-SDFL”). But the Office did not timely disclose the notes from that meeting for almost a full year. Indeed, they persisted in that suppression, notwithstanding that the notes were responsive to an October 2023 discovery request from President Trump, while urging the Court to rush to trial based on false assurances that they were in compliance with their discovery obligations.

In hearings during March and April 2024, the Special Counsel’s Office misrepresented to the Court that the pre-raid sequence of the documents was intact. Only after an evidence inspection by counsel for President Trump’s co-defendants revealed the extent of the problem did the Office disclose in a May 3, 2024 filing that the documents were not intact as had been claimed previously. Vague language in that submission and corresponding additional discovery demands from President Trump caused these due process violations to further unravel.