President Trump’s legal team filed several motions late Thursday to dismiss Jack Smith’s classified documents case, citing presidential immunity.
This is a glaring example of a two-tiered justice system.
Joe Biden was not charged after he stole SCIF-designated classified documents when he was a US Senator and Vice President.
Earlier this month Special Counsel Robert Hur found that Joe Biden “willfully retained” classified information, however, he decided not to charge him. Hur said there is evidence Biden retained classified notebooks, “knowing he was not allowed to do so.”
Biden stored black notebooks (photos below) that contained classified material in “unlocked and unauthorized containers in his home.”
Jack Smith indicted Trump on 37 federal counts in Miami in June for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
In July Jack Smith hit Trump with 3 additional charges in the investigation into classified documents stored at Mar-a-Lago. The superseding indictment, filed in the Southern District of Florida, claims Trump was part of a scheme to delete security footage from Mar-a-Lago.
Trump’s legal team late Thursday night filed several motions arguing the federal charges should be dismissed for many different reasons including the statute Trump was charged with, the unconstitutionality of Jack Smith’s appointment, and other points related to the Presidential Records Act.
“President Trump’s alleged decision to designate records as personal under the PRA and cause them to be removed from the White House — which underlies Counts 1 through 32 of the Superseding Indictment — was an official act by the incumbent president,” Trump’s lawyers wrote in court papers filed late Thursday night, according to NBC News.
“President Trump is entitled to immunity for this official act and that must include immunity from criminal prosecution,” Trump’s lawyers wrote.
Trump’s co-defendant Carlos De Oliveira on Thursday also filed a motion to dismiss the charges against him.
The classified documents trial is currently set for May 20, 2024, unless Judge Cannon dismisses the case. If she doesn’t dismiss the case it still may get postponed since Jack Smith’s January 6 DC trial, which was set for March 4, 2024, is delayed.
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