Case 9:23-cr-80101-AMC Document 291 Entered on FLSD Docket 02/08/2024 Page 1 of 4




                               UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA
                                WEST PALM BEACH DIVISION

                                CASE NO. 23-80101-CR-CANNON(s)

  UNITED STATES OF AMERICA,

                 Plaintiff,

  v.

  DONALD J. TRUMP,
  WALTINE NAUTA, and
  CARLOS DE OLIVEIRA,

              Defendants.
  ______________________________/


                       GOVERNMENT’S SUPPLEMENTAL RESPONSE
                          TO STANDING DISCOVERY ORDER

         The United States of America, by and through the Special Counsel’s Office, files this

  pleading to supplement prior responses (ECF Nos. 30, 59, 80, 92, 113, 122, 143, 172, 184, 190,

  199, 204, 235, 253, 273) to the Standard Discovery Order, issued on June 13, 2023 (ECF No. 16).

  This pleading complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16.

         Per the protective order issued in this case (ECF No. 27), the Government has provided

  ten prior productions of unclassified discovery to Defendants Donald J. Trump, Waltine Nauta,

  and Carlos De Oliveira.     See ECF Nos. 30, 59, 80, 92, 113, 122, 143, 172, 184, 235, 253, 273.

  On February 8, 2024, the Government provided an eleventh production of unclassified discovery

  to counsel for Defendants (“Production 11”).    Production 11 consists of approximately 346

  pages and includes, inter alia, certain of the materials the Government represented in its

  Response in Opposition to Defendants’ Motion to Compel Discovery, ECF No. 277, that it

  would produce.
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         Per the CIPA Section 3 protective orders issued in this case (ECF Nos. 150, 151, 152), the

  Government has provided seven prior productions of classified discovery.        See ECF Nos. 158 at

  3; 165 at 5-6; 173 at 5-6; 187 at 5-7; 190; 199; 204; 235.          Also on February 8, 2023, the

  Government provided to the Classified Information Security Officer (“CISO”) in an accredited

  facility in the Southern District of Florida an eighth production of classified discovery (“Classified

  Production 8”).   Classified Production 8, which consists of approximately 418 pages, includes

  material the Government represented it would produce in its classified supplement to the Motion

  to Compel Opposition.

         The Government responds to the specific items identified in the standing discovery order

  as set forth below.

         B.      DEMAND FOR RECIPROCAL DISCOVERY: The United States requests the
                 disclosure and production of those items described and listed in paragraph B of the
                 Standing Discovery Order, and as provided by Federal Rule of Criminal Procedure
                 16(b).

         C.      The Government is providing information or material known to the United States
                 that may be favorable to either defendant on the issues of guilt or punishment within
                 the scope of Brady v. Maryland, 373 U.S. 83 (1963), or United States v. Agurs, 427
                 U.S. 97 (1976).

         D.      The Government has disclosed and will continue to disclose any payments,
                 promises of immunity, leniency, preferential treatment, or other inducements made
                 to prospective Government witnesses, within the scope of Giglio v. United States,
                 405 U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959).

         J.      The Government’s discovery productions include the grand jury testimony and
                 recordings of witnesses who may testify for the Government at the trial of this case.

         The Government is aware of its continuing duty to disclose newly discovered additional

  information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules of Criminal

  Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial.




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                                     Respectfully submitted,

                                     JACK SMITH
                                     Special Counsel

                               By:   /s/ Jay I. Bratt
                                     Jay I. Bratt
                                     Counselor to the Special Counsel
                                     Special Bar ID #A5502946
                                     950 Pennsylvania Avenue, NW
                                     Washington, D.C. 20530

                                     Julie A. Edelstein
                                     Senior Assistant Special Counsel
                                     Special Bar ID #A5502949

                                     David V. Harbach, II
                                     Assistant Special Counsel
                                     Special Bar ID #A5503068




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                                CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on February 8, 2024, I electronically filed the foregoing

  document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document

  is being served this day on all counsel of record via transmission of Notices of Electronic Filing

  generated by CM/ECF.



                                               /s/ Julie A. Edelstein
                                               Julie A. Edelstein
                                               Senior Assistant Special Counsel




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