Trump Files Unsealed Motion to Dismiss Jack Smith’s Classified Docs Case For “Vindictive and Selective Prosecution”

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President Trump has filed a motion to dismiss Jack Smith’s case involving classified documents, alleging vindictive and selective prosecution. Originally filed under seal in February, the motion was authorized to be unsealed by Judge Cannon.

Trump’s legal team submitted multiple motions to dismiss the case based on various grounds, including unconstitutional vagueness of the Espionage Act.

While an earlier motion was denied, a new motion centered on selective prosecution is still pending. In the unsealed motion, Trump’s lawyers point out that individuals like James Comey, Joe Biden, Mike Pence, and Bill and Hillary Clinton have also possessed classified documents illegally without facing prosecution.

They specifically highlight how Joe Biden stored classified documents in various locations accessible to unauthorized individuals without repercussions.


President Trump’s lawyers argued that former President Bill Clinton stored classified tapes in his sock drawer yet he was never prosecuted.

Mike Pence disclosed to NARA that “a small number of documents bearing classified markings” were stored at his home in Indiana, yet he was never prosecuted.

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,” Trump’s attorney Todd Blanche wrote referring to Hillary’s criminal email deletion and use of BleachBit to destroy emails under subpoena. Hillary also took a hammer to her BlackBerrys.

“None of these individuals faced a charge under the Espionage Act or was prosecuted for obstruction,” Blanche wrote in the 178-page motion to dismiss for vindictive and selective prosecution.

Cannon forcefully criticized the double standard and selective prosecution of the Espionage Act, pointing out the arbitrary enforcement in this case.

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