Lawyers for President Trump filed an unsealed motion to dismiss Jack Smith’s classified documents case, citing “vindictive and selective prosecution.”
Initially filed under seal in February, the motion was authorized by Judge Cannon to be unsealed. Trump’s legal team has previously filed several dismissal motions in response to Jack Smith’s lawfare case.
While Judge Cannon denied Trump’s motion based on the “unconstitutional vagueness” of the Espionage Act, a third motion centered on selective prosecution remains pending.
BREAKING: Trump just filed unsealed version of motion to dismiss in his classified documents case, which includes a refutation about Hillary Clinton’s 31,830 deleted emails and destroyed data. pic.twitter.com/IBXcZijpsb
— Leading Report (@LeadingReport) May 2, 2024
In the unsealed motion to dismiss, Trump pointed out how others like James Comey, Joe Biden, Mike Pence, and Bill and Hillary Clinton had possession of classified documents without facing prosecution.
Trump’s legal team emphasized that Joe Biden, for instance, stored boxes of classified documents in his garage, Penn Biden Center, and Chinatown, locations accessible to individuals without security clearances. Despite this, Biden was not charged for allegedly taking SCIF-designated documents and storing them in boxes in his garage.
Mike Pence revealed to NARA that “a small number of documents bearing classified markings” were kept at his residence in Indiana, yet he faced no prosecution.
Trump’s legal team argued that former President Bill Clinton kept classified tapes in his sock drawer, yet he faced no prosecution for this action.
Trump also slammed Hillary Clinton.
“Hillary Clinton and her colleagues deleted 31,830 emails and destroyed data on numerous electronic devices, including after a congressional preservation order,” stated Trump’s attorney Todd Blanche, referring to Hillary’s illicit email deletion and the use of BleachBit to obliterate emails under subpoena. Hillary also resorted to smashing her BlackBerrys with a hammer.
“None of these individuals faced a charge under the Espionage Act or was prosecuted for obstruction,” Blanche detailed in the 178-page motion to dismiss over vindictive and selective prosecution.
Julie Kelly previously predicted that Judge Cannon might entertain the idea of dismissing the case due to 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, adding, “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.”
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.
— Julie Kelly 🇺🇸 (@julie_kelly2) April 29, 2024
Part of me also thinks she wants this to go to… https://t.co/5nuF3lhpt0
