An attorney, Timothy C. Parlatore, who once represented former President Donald Trump and now represents ex-New York Police Commissioner Bernard Kerik, has made claims suggesting that the special counsel, Jack Smith, may not have adequately reviewed crucial documents before indicting Trump.
Parlatore expressed his shock at the indictment and asserted that he had provided “exculpatory” documents to Smith’s office. Kerik, known for his association with former NYC Mayor Rudolph Giuliani after the 2020 election, had previously testified before the Democrats’ January 6 committee.
He provided a significant number of documents to Smith’s office in July, which reportedly contained sworn statements from individuals questioning the 2020 electoral process’s integrity. Sources indicate these documents validate efforts to challenge the 2020 election results, told CNN.
However, it seems Smith’s office may not have properly reviewed the files. The day after Trump’s indictment, they reached out to Parlatore to request certain documents — the very ones Kerik had already provided.
The documents’ significance is that they directly address whether both Giuliani and, by extension, Trump were aware that their election fraud claims were unfounded at the time they made them.
Scott Frederickson, a former federal prosecutor, suggested that this could have been an oversight and that Kerik might not be a central witness in the case. He believes the special counsel is gathering evidence for the discovery stage.
Adding to the concerns about the special counsel’s oversight, there was an admission of not providing all evidence to Trump’s defense team in another case, contrary to previous statements. The recent charges against Trump, which hinge on the claim that he knew his fraud allegations were baseless, are contentious given the implications for First Amendment rights.
Parlatore’s contention raises questions about Smith’s diligence, suggesting either an oversight or potentially a strategy to undermine Trump politically. The special counsel’s office did not comment when approached by CBS News.