Special counsel Jack Smith said in a filing Monday that he will follow a standard court rule in Donald Trump's classified documents case that says prosecutors must provide "material information that is favorable to a defendant and in their possession," Newsweek reports.
The Brady rule, if found to be "violated during a trial," could lead to "a mistrial or block the Justice Department from using unfavorable evidence."
"Under the Supreme Court’s 1963 case Brady v. Maryland, the prosecution has an ironclad duty to disclose, before trial, evidence that could undercut its case — 'Brady material.' If the prosecution doesn’t do that, it violates the Constitution,” Newsweek explained.
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Ex-federal prosecutor Michael McAuliffe told Newsweek, "The filing is a standard supplemental discovery document. It incorporates the format used in the standard discovery order issued by the court in a criminal case. The standard discovery order includes the language about providing any exculpatory or other evidence that is favorable to the defense."
The news outlet notes Smith's team "offered a full copy of a warrant application for Walt Nauta" — a former Trump aide and co-defendant in the case — "that it had not provided before, as well as a memorandum of a new interview that appears to have been recently conducted on February 9."
However, McAuliffe emphasized, "I don't read the filing as classifying the new interview as exculpatory."
Newsweek reported, "Even though Smith says the evidence could be favorable to Trump, McAuliffe doesn't expect it will clear him in the case, which has 40 charges accusing him of mishandling classified records and attempting to obstruct the government's retrieval of those documents from his Florida estate."
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Smith's filing comes less than a week after the U.S. Supreme Court agreed to hear Trump's argument that he has absolute immunity against federal prosecution.
Two days after the nine justices' decision, Smith requested that the ex-president's classified documents case trial begin on July 8, while Trump requested the trial start either after the November election or on August 12.
Newsweek's full report is available at this link.