Attorneys representing Donald Trump‘s second co-defendant in the criminal case concerning his handling of classified documents have reportedly petitioned a federal judge to dismiss sections of the indictment alleging conspiracy to obstruct justice and lying to the FBI.
Last year, Carlos De Oliveira, the maintenance chief at Trump’s Mar-a-Lago club, faced charges for allegedly participating in a scheme to erase security footage showing classified documents being moved from a storage room for concealment, reported The Guardian.
De Oliveira’s attorneys contended that the obstruction charges should be dismissed in a 19-page filing on Thursday, as he was unaware of the grand jury subpoena for the footage or the subpoena’s compliance requirements, the report said
De Oliveira’s legal team is seeking a detailed breakdown of obstruction charges from special counsel prosecutors ahead of a potential trial, the report added.
However, the uphill battle to dismiss the charges hinges on factual arguments, typically left to a jury, rather than legal issues decided by the judge’s discretion, The Guardian stated.
Judge Aileen Cannon may defer a decision until jury selection, potentially preventing prosecutors from contesting a dismissal, the report added.
According to the superseding indictment filed last year in a federal district court in Florida, prosecutors claimed that De Oliveira took part in efforts to conceal Trump’s attempt to retain classified documents, which were subject to a subpoena for their return.
The surveillance footage has been pivotal in the case, and it allegedly shows Trump’s valet, Walt Nauta, removing boxes from the storage room just before Trump’s lawyer was set to review them for any classified materials as required by the subpoena, The Guardian noted.
While the surveillance tapes were eventually provided to the government as mandated by the subpoena, the incident caught the attention of prosecutors in the office of the special counsel, Jack Smith, who viewed it as a potential obstruction of the criminal investigation.
According to the indictment, Trump seemingly directed Nauta to arrange for the destruction of the tapes. Subsequently, Nauta sought assistance from De Oliveira, and, together, they identified the surveillance cameras and their angles using flashlights, The Guardian reported.
The following week, De Oliveira asked Mar-a-Lago’s IT director, referred to as “Trump Employee 4” but believed to be Yuscil Taveras, how long the surveillance footage was retained. De Oliveira then conveyed that “the boss” desired the server to be deleted.
Despite Taveras expressing uncertainty about deleting the server and suggesting that De Oliveira consult the security supervisor at the Trump Organization, De Oliveira persisted, reiterating that “the boss” insisted on the server’s deletion, according to the indictment, The Guardian reported.
De Oliveira’s motion to dismiss centered on two primary arguments: Firstly, his alleged obstruction of justice was impossible as he was unaware of the subpoena and its requirements; secondly, his denial to the FBI during a voluntary interview regarding box movement was misunderstood, The Guardian added.
This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
Photo: Shutterstock
© 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
Trade confidently with insights and alerts from analyst ratings, free reports and breaking news that affects the stocks you care about.
