Read Defense Lawyers’ Arguments to Block a Trump Documents Case Report

Case 9:23-cr-80101-AMC Document 679 Entered on FLSD Docket 01/06/2025 Page 34 of 40
January 6, 2025
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III.
Smith’s Report Violates The Presumption of Innocence
The presumption of innocence is “the undoubted law, axiomatic and elementary.” Coffin v. United
States, 156 U.S. 432, 453 (1895). It is “vital and fundamental” to our Constitutional system, id. at 460,
and “its enforcement lies at the foundation of the administration of our criminal law,” id. at 453; see also
Cool v. United States, 409 U.S. 100, 104 (1972) (holding violation of defendant’s “constitutionally rooted
presumption of innocence” required reversal).
“The presumption serves as a reminder to the jury that the prosecution has the burden of proving
every element of the offense beyond a reasonable doubt,” United States v. Starks, 34 F.4th 1142, 1158
(10th Cir. 2022), and thus, may be “extinguished only upon the jury’s determination that guilt has been
established beyond a reasonable doubt,” Mahorney v. Wallman, 917 F.2d 469, 471 n.2 (10th Cir. 1990)
(emphasis in original) (collecting cases).
Consistent with these bedrock principles, the Justice Manual prohibits prosecutors from publicly
declaring a defendant’s guilt prior to a jury verdict, or otherwise disseminating statements inconsistent
with the presumption of innocence. Justice Manual §§ 1.7.500; 1-7.600; 28 C.F.R. § 600.7(a) (“A Special
Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of
Justice.”). Rather, prosecutors must limit their statements to “[t]he substance of the charge, as contained
in the complaint, indictment, information, or other public documents” and any “release issued before a
finding of guilt should state that the charge is merely an accusation, and the defendant is presumed
innocent until proven guilty.” Justice Manual § 1.7.500. Moreover, “DOJ personnel should refrain from
disclosing” inter alia, “[a]ny opinion as to [a] defendant’s guilt” or any other “[o]bservations about a
defendant’s or party’s character” “except as appropriate in the proceeding or in an announcement after a
finding of guilt.” Justice Manual § 1-7.610 (emphasis added).
These restrictions ensure that the Department’s statements do not “prejudice the rights of a
defendant; or unfairly damage the reputation of a person.” Justice Manual § 1-7.100; see also 32 C.F.R.
§ 776.47 (“Except for statements that are necessary to inform the public of the nature and extent of the
trial counsel’s actions and that serve a legitimate law enforcement purpose, refrain from making
extrajudicial comments that have a substantial likelihood of heightening public condemnation of the
accused.”); D.C. Bar Rule 3.8 (same).
The Draft Report violates every one of these core requirements. Despite Smith’s decision to
dismiss his cases against President Trump, and his complete failure to obtain a “jury’s determination that
guilt has been established beyond a reasonable doubt,” Mahorney, 917 F.2d at 471 n.2 (emphasis in
original), his Draft Report repeatedly, and falsely, claims that President Trump, Carlos De Oliveria,
Waltine Nauta, and others have committed crimes and otherwise engaged in purported “criminal conduct.”
For example, Volume I of the Draft Report falsely asserts, without any jury determination, that President
Trump and others “engaged in an unprecedented criminal effort,” was “the head of the criminal
conspiracies,” and harbored a “criminal design.” Draft Report, Vol. I at 2, 68, 69. These false accusations
of criminality, which Smith again utterly failed to prove in Court, repeat throughout Volume I. See, e.g.,
id. at 3, 52, 60, 64, 67, 88, 108. Likewise, Volume II asserts, without any supporting verdict, “that Mr.
Trump violated multiple federal criminal laws,” and that he and others engaged in “criminal conduct.”
Vol. II at 60, 88; see also, e.g., id. at 89, 121. Moreover, the Draft Report makes these allegations despite
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Exhibit A