Lawyers for former President Donald Trump have filed a motion to dismiss Special Counsel Jack Smith’s classified documents case due to selective prosecution. The freshly unsealed legal filing notes that several politicians and government figures have participated in similar conduct that was never prosecuted, including President Biden, Hilary Clinton, and former FBI Director James Comey.
“President Donald J. Trump respectfully submits that the indictment must be dismissed on the basis of the office’s selective prosecution,” Trump’s legal team wrote in a court filing obtained by veteran reporter Julie Kelly, who has extensively covered the case.
The document goes on to cite Special Counsel Robert Hur’s report, who was appointed to investigate President Biden’s mishandling of classified documents. Biden was found to have stored documents in a former office of the Philadelphia-based Penn-Biden center, a law office in Boston and his garage in Delaware. Despite this, Biden has not faced criminal charges for something Trump is facing several felonies for, prompting Hur to note that charges have not been brought against a former vice president or president with “one exception.”
“The exception is President Trump. The basis is his politics and status as President Biden’s chief political rival. Thus, this case reflects the type of selective and vindictive prosecution that cannot be tolerated,” the filing continued.
The filing goes on to list additional examples of government figures who have mishandled classified information and not faced criminal prosecution. It also calls for the dismissal of Smith’s superseding indictment, which accuses Trump of obstructing NARA’s investigation.
“Finally, the unproven obstruction allegations by the Special Counsel’s Office cannot save this prosecution. Hillary Clinton and her colleagues deleted 31,830 emails and destroyed data on numerous electronic devices, including after a congressional preservation order,” Trump’s legal team wrote.
“Comey hid from the FBI that he had used a private scanner and his personal email account to transmit at least two classified documents to his personal attorneys,” the filing continued. It also notes that Sandy Berger, who served as President Clinton’s top national security aid, admitted to stealing classified documents before cutting them into small pieces with scissors.
“None of these individuals faced a charge under the Espionage Act or was prosecuted for obstruction.”
Julie Kelly has previously predicted that Judge Cannon appears open to dismissing the case on the basis of selective prosecution.
“There is a chance she dismisses the case based on selective/vindictive prosecution—which she hinted at during a hearing last month. This could be her way of getting as much evidence into the public square to justify such a decision,” Kelly said in response to an avalanche of unsealed documents and court filings. “Part of me also thinks she wants this to go to trial to expose just how dirty the case is and force Jack Smith to own it.”
Trump is currently charged with 91 felonies brought by the Biden DOJ and far-left district attorneys in deep blue cities.
Leave a Reply