The legal team representing ex-President Donald Trump has submitted documents requesting the dismissal of Jack Smith’s case on grounds of selective prosecution. The paperwork highlights various political figures who have engaged in comparable actions to those Trump is currently facing charges for, such as former Secretary of State Hillary 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.
Special Counsel Robert Hurr’s report revealed that President Biden mishandled classified documents by storing some in his private residence and at an office. The report noted that, with one exception, no former president or vice president has faced charges in a similar case.
“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. The text discussed the actions of Sandy Berger, a former top national security adviser to President Clinton, who confessed to taking classified documents and subsequently destroying them.
“None of these individuals faced a charge under the Espionage Act or was prosecuted for obstruction,” they said.
“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.”
