Former President Donald J. Trump is asking U.S. District Court Judge Aileen Cannon to dismiss charges brought by Biden Department of Justice special counsel Jack Smith alleging he illegally retained classified documents. In an unsealed motion filed late Thursday, the former President argued that Smith has engaged in a “selective and vindictive prosecution.”
“With one exception there is no record of the Department of Justice prosecuting a former president or vice president for mishandling classified documents from his own administration,” the motion states, before adding: “The exception is President Trump.”
The filing alleges the special counsel‘s investigation and indictment of former President Trump is politically motivated and meant to sideline Democrat incumbent Joe Biden‘s presidential election opponent. “The basis is his politics and status as President Biden’s chief political rival,” Trump’s attorneys argue in the motion. They continue: “Thus, this case reflects the type of selective and vindictive prosecution that cannot be tolerated.”
Bolstering their argument, the former President‘s defense team notes that former Secretary of State Hillary Clinton faced no repercussions for retaining and destroying sensitive documents that she stored on a private server. “Hillary Clinton and her colleagues deleted 31,830 emails and destroyed data on numerous electronic devices, including after a congressional protective order,” note Trump’s attorneys.
The motion also details the unprosecuted mishandling of classified documents by James Comey, the former director of the FBI. “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 attorney,” the motion reads. Trump’s attorneys go on to note that former Vice President Mike Pence, former Clinton government national security adviser Sandy Berger, and even Joe Biden avoided prosecution for similar crimes of which Trump is accused.
BREAKING.🚨
President Trump has filed a motion for dismissal in the classified documents case based on "selective and vindictive prosecution."
"With one exception there is NO RECORD of the Department of Justice prosecuting a former president or vice president for mishandling… pic.twitter.com/Ga9IQJ2cQl
— Kyle Becker (@kylenabecker) May 2, 2024