Trump asks court to dismiss Jack Smith's case

 May 6, 2024

The legal team of former President Donald Trump just asked the judge to dismiss the classified documents case that Special Counsel Jack Smith has brought against him.

This is the one in which Smith claims that Trump illegally mishandled classified materials when he left the White House at the end of his presidency.

Reuters reports that Trump's lawyers filed the dismissal motion on Thursday.

The lawyers, in the filing, argued that the case ought to be thrown out because Smith is selectively prosecuting Trump.

A closer look:

Trump, many of his allies, and even some people who do not particularly like him have all argued that Smith's prosecution of Trump is a political persecution, designed to take out Trump - or at least seriously impair Trump - ahead of the 2024 presidential election, when he will face off against President Joe Biden.

Trump has further argued that Smith's prosecution of him is an example of America's two-tiered justice system. And, this is, essentially, what Trump's lawyers argued in their dismissal motion, namely, that others did the same thing as Trump - or even worse - without being prosecuted, therefore, Trump ought not to be prosecuted.

In the filing, Trump's lawyers brought up the fact that Special Counsel Robert Hurr recently found Biden guilty of illegally mishandling classified documents. Hurr, however, chose not to prosecute Biden because, in Hurr's words, the president is a "sympathetic, well-meaning, elderly man with a poor memory."

Trump's lawyers also used Hillary Clinton as another example, recalling how she and her aides deleted over 30,000 emails and destroyed other data in violation of a congressional preservation order. Clinton did so after it was discovered that she illegally used a personal email account to transfer classified materials.

Surely, these examples are more egregious violations of the law than what Trump is alleged to have done, so why is Trump being prosecuted while these others got off with no charges? This is essentially what Trump's team is saying.

What now?

It will be up to U.S. District Judge Aileen Cannon to determine whether or not to grant Trump's motion for dismissal.

Reuter highlights the fact that it is difficult to prove selective prosecution.

"Trump faces a high legal bar in showing that he was selectively targeted and such challenges are rarely successful," the outlet reports.

There is no indication as to how Cannon is going to rule.

But, unlike some of the other judges who have been overseeing the Trump cases, Cannon does not appear to harbor an anti-Trump bias.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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