Lawyers representing Donald Trump are set to request the judge overseeing his classified documents case to prevent prosecutors from using evidence obtained during an FBI search of his Florida estate and recordings made by a former attorney.
The ongoing three-day hearing has seen arguments between prosecutors and defense attorneys on various issues, including the appointment of special counsel Jack Smith and concerns about Trump's comments potentially endangering FBI agents involved in the investigation.
Central to Tuesday's proceedings is the defense's plea to suppress the records seized from Trump's Mar-a-Lago residence during the FBI search in August 2022. The defense argues that the warrant for the search was flawed as it omitted crucial details of internal Justice Department discussions. They are seeking a Franks hearing to challenge the admissibility of evidence from the search.
Prosecutors maintain that the warrant application was sound, with the judge approving the search based on a reasonable belief that evidence of criminal activity would be found at the location.
The arguments will be presented before U.S. District Judge Aileen Cannon in a sealed morning session, with a public hearing scheduled for the afternoon. Trump's presence is not mandatory.
Trump faces multiple felony charges related to the alleged hoarding of classified documents at Mar-a-Lago and impeding government efforts to retrieve them. He has entered a plea of not guilty.
Additionally, the defense is contesting the use of evidence from former Trump attorneys, including recordings made by M. Evan Corcoran documenting conversations about the classified documents. Prosecutors are invoking the crime-fraud doctrine to bypass attorney-client privilege in this instance.
Furthermore, the judge expressed skepticism regarding a prosecution proposal to restrict Trump's comments that could jeopardize law enforcement officials involved in the case as a condition of his pre-trial release.
Judge Cannon's handling of the case has attracted significant attention, with her consideration of various motions from the Trump team and the slow pace of issuing rulings casting doubt on the possibility of a trial before the upcoming presidential election.
