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this post was submitted on 22 Feb 2024
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Because Government officials are expected to operate at a higher standard. Submitting very clearly erroneous evidence is indicating that they are not operating at that higher standard.
Now does that mean the case altogether is bunk? No, of course not. But it allows defenders to sow mistrust in the presentation by the prosecutor. That’s the entire point. And that’s why it’s important for officials to do things “by the book”. When they start going off rails that technically allows defense to ask “what else did you mess up?”
Good lawyers go after every advantage they can offer their client. When prosecutors mess up, defense lawyers are allowed to file with the judge the question of “Hey they made a mistake, may I be allowed to inform the jury of this mistake?”
It’s up to the judge to allow that or not. But good lawyers file these kinds of motions. Now will it have major ramifications on the case as whole? Who knows? But the entire point is this, bringing a case to court needs to be airtight and things like this are reasons why. Same reason why folks like Matt Gaetz seems to continually avoid prosecution. If it’s not airtight small mistakes can completely derail getting a guilty verdict. You just need one juror out of twelve to be sympathetic on some sticking point, and mistrust of the government is a good sticking point for some people.
I get where you’re coming from, but shit, I’ve seen people walk free on more damming evidence simply because defense was able to sway on some particular mistrust.
Which is also why the prosecution in Trump's various trials are taking their time to get things right, and giving him as much latitude as possible.
They know he is going to appeal, no matter what they do, so they're making sure that appeal wont be sicessful.