Special Counsel Jack Smith’s prosecution team has admitted that vital evidence in former president Trump’s classified documents case was tampered with after being seized by the FBI, and that prosecutors misled the court about this.

In a fresh filing, the prosecution team told Judge Aileen Cannon that the order of documents in some of the boxes of memos seized from Mar-a-Lago was altered.

“Since the boxes were seized and stored, appropriate personnel have had access to the boxes for several reasons, including to comply with orders issued by this Court in the civil proceedings noted above, for investigative purposes, and to facilitate the defendants’ review of the boxes,” the filing states.

“There are some boxes where the order of items within that box is not the same as in the associated scans.”

A footnote to the filing contains an acknowledgement that the prosecutors had misled the court when it previously declared that the evidence in the boxes had remained in the same state as when it was seized.

“The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court,” states the footnote.

According to Just the News, the ordering of the documents is likely to play a key role in Trump’s defence. Trump will argue that the documents were stored in the White House in chronological order when President Trump received them, and that they were then sent to Mar-a-Lago in that order, which shows that Trump did not access them or know they contained classified materials.

Alan Dershowitz told Just the News that, although the prosecutors are trying to play down the implications of the new filing, it is an admission of evidence-tampering.

“Prosecutors and investigators should never tamper with or alter evidence in their possession, including the order of documents in a box because one never knows what may become relevant or crucial to a court or jury later in a case,” Dershowitz said.

These sentiments were echoed by one of Trump’s former defence attorneys, Tim Parlatore, who described the admission as “stunning on multiple levels.”

“For prosecutors who are trying to prove that the defendants knowingly possessed these documents to then destroy the evidence that would undermine that claim is a very serious violation,” he said.

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