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A former valet going public about his cooperation with authorities in Donald Trump classified documents case is a setback for prosecutors, a former federal prosecutor has said.
Neama Rahmani was reacting to Brian Butler's decision to do a CNN interview about Trump's alleged hiding of classified documents at his Mar-a-Lago estate in Florida.
Butler described unknowingly loading boxes of documents onto Trump's plane before the FBI raided Mar-a-Lago in search of presidential records.
Rahmani told Newsweek that it was a setback for special counsel Jack Smith, the chief prosecutor in the classified documents case. Until now, Smith had identified Butler only as "Trump Employee 5" in court documents so that Trump supporters would not uncover his identity.
Rahmani also said that Butler's public statements may be an assistance to Trump's lawyers.
"If you're the prosecution, you generally don't want cooperating witnesses to give statements before trial, because it gives the defense a preview of their testimony and they may say something inconsistent on the witness stand," Rahmani said.
"But Smith can't tell Butler not to talk to the defense or the media. Making a witness unavailable can be an ethics violation. All prosecutors can do is tell witnesses they don't have to talk to anyone, but leave the decision to the witness," he said.
He added that while Butler's decision to go public isn't ideal, "it won't tank Smith's case."
Trump was charged with 40 felony counts in the Florida indictment, accused of retaining classified documents following his presidency and of subsequent attempts to hide them from authorities after being asked to return them. He has pleaded not guilty to all charges.
Newsweek sought email comment from Trump's lawyer on Wednesday and from Brian Butler's lawyer on Monday. Trump is now the presumptive Republican candidate for the 2024 presidential election.
Butler, who began working at Mar-a-Lago when he was 19, publicly revealed his identity as "Trump Employee 5" during the interview with CNN on Monday. He said that he had not spoken to Mar-a-Lago maintenance worker Carlos De Oliveira, whom he called his "best friend," since Butler began cooperating with authorities.
De Oliveira and Trump valet Walt Nauta were indicted and charged with multiple felonies alongside the ex-president last year, both accused of helping move documents and attempting to obstruct an investigation by federal agents.
"I just don't believe that he should be a presidential candidate at this time," Butler said of Trump during the CNN interview. "I think it's time to move on ... I think we can do better."
"I think the American people deserve to know the facts: That this is not a witch hunt," he continued. "It's all bogus, but people believe him."
He said Trump had "divided the nation like I've never seen before" and "just can't take responsibility for anything."
About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more