OPINION: This article may contain commentary which reflects the author's opinion.
Attorneys for former President Donald Trump have filed paperwork to have Jack Smith’s case against him dismissed for selective prosecution.
The filing names several political figures who have participated in similar activity to what the former president is being prosecuted for, including former Secretary of State Hilary Clinton, former FBI Director James Comey, and President Joe Biden.
“President Donald J. Trump respectfully submits that the indictment must be dismissed on the basis of the office’s selective prosecution,” the attorneys said in a court filing that was obtained by reporter Julie Kelly.
It says that Special Counsel Robert Hurr found that President Biden had mishandled classified documents and stored some in his private residence and at an office.
It said that no former president or vice president has been charged in such a case but for 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,” it said.
“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, the attorneys said.
“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,” it said.
It spoke of the late Sandy Berger, who worked for former President Clinton as a top national security adviser and admitted to stealing classified documents before destroying them.
“None of these individuals faced a charge under the Espionage Act or was prosecuted for obstruction,” they said.
In April Kelly said that she believes that there is a chance that the judge dismisses the case.
“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,” she said. “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.”
CNN legal analyst Elie Honig delivered some bad news for special counsel Jack Smith in light of a ruling by U.S. District Judge Aileen Cannon in his classified documents case against former President Donald Trump.
Smith’s remarks came during a segment on the network this month, prompted by a three-page order issued by Cannon, who has faced growing scrutiny from the left over her handling of the case.
In her order, Cannon rebuked Smith in response to a recent filing while also rejecting Trump’s plea to dismiss the case on the basis of protection under the Presidential Records Act.
The Washington Post reported:
Even as she ruled against Trump’s motion, Cannon’s three-page order also revealed her displeasure over Smith’s characterization of her order, suggesting this may not be the last such battle in the historic prosecution of a former president and the presumptive GOP presidential candidate.
CNN host Brianna Keilar asked the former federal prosecutor, “Where does this leave the timeline of this case, Elie?”
“Well, a mess, in short,” he responded. “No way that this case was gonna get tried before the election. And now, I think we have other pending issues.”
Honig pointed out that some legal experts are suggesting that Smith could appeal to the 11th Circuit to request Cannon’s dismissal from the case. In the past, the 11th Circuit has overturned two rulings made by Cannon that were favorable to Trump in this case. However, Honig believes that Cannon’s decision has made it almost impossible for Smith to pursue that option.
“You really can’t appeal that if you’re Jack Smith. And by the way, Brie, this is why I think Jack Smith is concerned with today’s ruling. Although he won in the sense that the court did not dismiss the charges, if I’m Jack Smith – and I think Smith feels the same way – I’m very worried about this defense going to a jury because it’s confusing, because it’s complicated, because it’s technical. And prosecutors always want to tell a simple, straightforward story. And frankly, defendants want to muck things up,” he said.