Cannon wrote that any arguments the co-defendants wish to make regarding their lack of knowledge about why Trump allegedly wanted to hide the boxes from investigators could be used as a defense at trial — but not as a basis for dismissing the case .
“Any particular challenges to the evidence presented by the Special Prosecutor may be presented at trial, where the Special Prosecutor will bear the entire burden of proof as to all essential elements of the obstruction offenses,” Cannon wrote.
Prosecutors say Nauta and De Oliveira misled investigators with their statements and plotted to delete security footage to prevent officials from retrieving the boxes from Mar-a-Lago, Trump’s home and private club in Florida. Nauta is also charged with crimes related to allegations that he moved dozens of boxes from a warehouse at Mar-a-Lago to Trump’s residential quarters as investigators sought to locate them.
Nauta, a Trump aide who always travels with him, and De Oliveira, the Mar-a-Lago property manager, face eight and four counts, respectively, and have pleaded not guilty.
Cannon could have ruled on the motions based on the written arguments, but opted to hold a hearing Friday in his Florida courtroom.
During the hearing, she appeared skeptical of the co-defendants’ requests, although she asked both sides pointed questions about precedent and evidence.
Motions to dismiss are generally lengthy arguments and rarely granted. The co-defendants had argued that if Cannon did not dismiss the charges, she should require the government to submit a statement of particulars – a document that would provide more detail about the evidence underlying the charges in the indictment. ‘charge.
Prosecutors said the indictment was detailed and that laying out the details would be an unnecessary burden that would force them to reveal their trial strategies.
Cannon agreed with prosecutors in his decision. She said the findings in this case are “extremely voluminous” and that prosecutors have provided the co-defendants with enough evidence to sufficiently build their defense.
“While there is reason to understand the request for further clarification as to the ‘boxes’ and their ‘contents,’ even in light of the lengthy indictment, the Special Prosecutor is not legally obligated to provide more details,” Cannon wrote.
Trump filed more than half a dozen motions to dismiss the case, with Nauta and De Oliveira joining some of them. Cannon held a hearing on two of Trump’s motions, rejecting both, but did not rule on the others.
washingtonpost
