Yes, Virginia the former President is entitled to the DOJ documents. Smith’s team is arguing that the information requested wouldn’t help the defense team and it’s only a fishing expedition. I ask, how would the prosecution know what the defense team needs? We have this from NTD.
As part of these efforts, defense counsel has requested great amounts of material from the prosecution, arguing that, by law, prosecutors must turn over any potentially exculpatory evidence to the criminal defendant. In recent court filings, the defense submitted email exchanges in arguing that the Department of Justice has refused multiple requests for evidence.
Thus, documents belonging to the FBI, U.S. Attorney’s office, DOJ, the special counsel’s office at large, the Department of Defense, the Department of Homeland Security, and Congressional committees are not discoverable, they argued.