Trump Calls for Dismissal of Mar-a-Lago Case, Alleging 'Selective and Vindictive Prosecution'

Trump Submits Brief to Support Dismissal Motion

Former President Donald Trump has filed a brief in support of his motion to dismiss the indictment against him in Florida over classified documents, arguing that he is the victim of "selective and vindictive prosecution". This filing was submitted on Thursday.

Claims of Political Bias

The 43-page filing argues that the case against Trump, led by special counsel Jack Smith, is driven by improper political bias. It points to "targeted leaks and public statements" by President Joe Biden, who Trump's lawyers claim has been encouraging the prosecution of the former president. This is based on a New York Times report from April 2, 2022, which suggested that Biden had expressed to his inner circle that he considered Trump a threat to democracy and believed he should be prosecuted.

Accusations of Presidential Pressure

The former president's legal team argues that this article amounts to presidential pressure on Attorney General Merrick Garland to act more decisively as a prosecutor. The motion outlines a series of events that Trump's lawyers believe demonstrate a concerted effort by the Biden administration and federal agencies to target the former president.

Claims of Vindictive Political Animosity

The motion also points to statements from officials at the National Archives and Records Administration (NARA), which is responsible for preserving presidential records. These statements suggest that investigating the 45th president was a priority for the Biden administration. The motion cites a text message from a NARA official dated Feb. 9, 2022, which stated that discussions about the classified documents had dominated conversations with the Biden White House.

Smith Denies Trump's Allegations

In a filing on March 7, Smith refutes Trump's claims that the prosecution team is selectively targeting him due to political bias. The prosecution team argues that Trump has failed to identify anyone who has engaged in similar conduct without being prosecuted, and has not provided evidence that his indictment is purely retaliatory.

Trump's Legal Team Responds

Trump's legal team has provided Judge Aileen Cannon, a Trump appointee, with a list of other former government officials who they claim have engaged in similar alleged misconduct, including mishandling classified information. These officials include President Biden, former Vice President Mike Pence, former Secretary of State Hilary Clinton, former President Bill Clinton, and former FBI director James Comey.

Call for Further Investigation

The former president's legal team is calling for further investigation through discovery and a hearing to examine the allegations of selective prosecution. They argue that the alleged misconduct of these officials is sufficient to establish a case of selective and vindictive prosecution.

Trump 'The Exception'

Special counsel Robert Hurr declined to press charges against President Biden in February, despite finding evidence that he retained and disclosed highly classified materials when he was a private citizen. According to Hurr's report, there is no precedent for prosecuting former presidents or vice presidents for mishandling classified documents from their own administrations, with one exception: President Trump.

Trump's Defense Seeks Dismissal

Trump's defense had previously sought to have the case thrown out based on the Presidential Records Act (PRA), but Judge Cannon rejected this argument on April 4. Smith had indicted Trump and aide Walt Nauta in June 2023, alleging mishandling of over 300 classified documents. The charges against the former president include 31 counts of violating the Espionage Act, along with various other counts related to obstruction of justice, withholding documents, and making false statements.

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