The 43-page filing contends that special counsel Jack Smith’s case against the former president ‘has been motivated by improper political animus.’
Former President Donald Trump docketed a brief to support his motion to dismiss the classified documents indictment against him in Florida, citing “selective and vindictive prosecution” on Thursday.
The 43-page filing contends that special counsel Jack Smith’s case against the former president “has been motivated by improper political animus.”
It cites “targeted leaks and public statements” by President Joe Biden, “urging others to prosecute President Trump.” This refers to a New York Times report from April 2, 2022, reporting that President Biden told his “inner circle that he believed former President Donald J. Trump was a threat to democracy and should be prosecuted.”
President Trump’s lawyers contend that the article amounted to presidential pressure on Attorney General Merrick Garland to “act … more like a prosecutor who is willing to take decisive action.”
The motion details a series of events to support the former president’s arguments of a concerted effort by the Biden administration and federal agencies to target him.
It points to statements from officials at the National Archives and Records Administration (NARA), which is responsible for the preservation of presidential records, that the Biden administration’s “current business” was investigating the 45th president. Among other events, it cites a text message from a NARA official dated Feb. 9, 2022, stating that the classified documents have “consumed all of our discussions” with the Biden White House.
“There is evidence of vindictive political animosity focused on election interference in these proceedings, which is part of the reason why the Special Counsel’s Office is wrong in the claim that President Trump ‘does not contend that the Special Counsel himself was motivated by improper considerations,’” President Trump’s lawyers argue.
Smith Refutes Trump’s Claims
In a March 7 filing, Mr. Smith argues against President Trump’s claims that the prosecution team, influenced by political bias, is selectively targeting him for prosecution.
Prosecutors from the special counsel’s office argue that the former president hadn’t identified anyone in his motion who was engaging in similar conduct without being prosecuted and failed to provide evidence that his indictment was solely retaliatory.
“Trump contends … that he has been subject to selective and vindictive prosecution,” the prosecution wrote. “But he has not identified anyone who has engaged in a remotely similar battery of criminal conduct and not been prosecuted as a result.
