New push to dismiss Trump case argues history 'chock full' of classified docs misdeeds
Former President Donald Trump's latest demand to toss his Florida federal court case was published Thursday, making public his argument that Hillary Clinton mishandled classified information first, President Joe Biden is vindictive and the former president is the victim of discrimination, court records show.
Todd Blanche — the lead attorney in both this and Trump's ongoing criminal hush money case in New York City — released Thursday a sweeping 178-page motion to dismiss special counsel Jack Smith's criminal indictment linked to classified documents found in the former president's social club Mar-a-Lago.
"American history is chock full of public examples involving alleged mishandling of classified information and documents," Blanche writes, "which did not result in the type of politically motivated charges that the Special Counsel’s Office has brought against President Trump and his codefendants."
Todd lists "egregious examples" that include the investigation into President Joe Biden that cleared him of criminal charges, President Bill Clinton's conversations with Pulitzer Prize-winning historian Taylor Branch for his book "The Clinton Tapes," and Hillary Clinton's personal email account.
Clinton was twice cleared of criminal wrongdoing over the emails sent while she was Secretary of State.
Blanche's "egregious examples," none of which include classified documents found stored in a ballroom, bathroom or shower, are the basis for his argument that Trump is being discriminated against by a vindictive opponent in the upcoming 2024 presidential election.
"The basis is his politics and status as President Biden’s chief political rival," writes Blanche. "Thus, this case reflects the type of selective and vindictive prosecution that cannot be tolerated."
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Judge Aileen Cannon has twice rejected Trump team dismissal motions on the grounds of "unconstitutional vagueness" and a Presidential Records Act defense.
While Trump's third attempt to dismiss was only published Thursday, Smith's response to the motion has been on the public docket since early March.
"[Trump] has not identified anyone who has engaged in a remotely similar battery of criminal conduct and not been prosecuted as a result," Smith wrote.
"[The documents] were not keepsakes, memorabilia, or trophies for him to keep and use as he pleased after his return to life as a private citizen. They contained sensitive, highly classified information related to the national defense, and...they belonged to the American people."