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Trump Takes the Gloves Off, Files Unsealed Motion to Dismiss Jack Smith’s Classified Docs Case For “Vindictive and Selective Prosecution” – AND SLAMS HILLARY CLINTON!
https://www.thegatewaypundit.com ^ | 5/2/2024 | cristina laila

Posted on 05/02/2024 7:11:22 PM PDT by bitt

President Trump filed an unsealed motion to dismiss Jack Smith’s classified documents case for vindictive and selective prosecution.

The motion was originally filed under seal in February. Judge Cannon authorized Trump to file an unsealed version of the motion to dismiss Jack Smith’s case.

Trump’s legal team in February filed several motions to dismiss Jack Smith’s classified documents case.

Judge Cannon previously denied Trump’s motion to dismiss the classified docs case on ‘unconstitutional vagueness’ of the Espionage Act, however, a third motion based on selective prosecution is still pending.

In his unsealed motion to dismiss, Trump highlighted how others such as James Comey, Joe Biden, Mike Pence, and Bill and Hillary Clinton all illegally possessed classified documents yet they were never prosecuted.

Trump’s lawyers argued that Joe Biden stored boxes of classified documents in his garage, Penn Biden Center and Chinatown…all locations remained accessible to people without security clearances. Biden was never charged for stealing SCIF-designated documents and storing them in dilapidated boxes in his garage.

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TOPICS:
KEYWORDS: dismissjacksmith; hillaryclinton; lawfare; persecution; trump
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1 posted on 05/02/2024 7:11:23 PM PDT by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

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2 posted on 05/02/2024 7:11:37 PM PDT by bitt (<img src=' 'width=30%>)
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To: bitt

I am tentatively hopeful that Judge Cannon will actually be fair to President Trump, not because he nominated her to this court, but because it is the right thing to do.


3 posted on 05/02/2024 7:17:15 PM PDT by Avalon Memories (Liberalism is a philosophy of sniveling brats. -- P.J. O’Rourke)
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To: bitt

Trump has courage that’s unbelievable.

I love that crazy white boy !


4 posted on 05/02/2024 7:19:38 PM PDT by Recovering Ex-hippie (The 2020 election Trump victory determines the fate f America and Freedom.)
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To: bitt

YES!


5 posted on 05/02/2024 7:20:10 PM PDT by Flaming Conservative ((Pray without ceasing)
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To: bitt

Go for it !!


6 posted on 05/02/2024 7:26:43 PM PDT by gitmo (If your biography doesn't match your theology, what good is it?)
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To: bitt

He is correct except IMHO he was allowed to have the classified documents as he was President. Most of the others were not President.


7 posted on 05/02/2024 7:33:27 PM PDT by Parley Baer (.)
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To: All
Good luck with that. Selective prosecution is exceedingly difficult to prove. It isn't a defense in a criminal case but may serve to end the prosecution. The defendant must show that the decision to prosecute had a discriminatory effect and was motivated by a discriminatory purpose.

It arises out of the due process clause of the Fifth Amendment and the equal protection clause of the Fourteenth Amendment. Therein lies the problem. Were similarly situated individuals of a different race or religion etc. were not prosecuted?

For a discussion of the equal protection clause, see Yick Wo v Hopkins. For a discussion regarding selective prosecution, the seminal case is US v Armstrong.

My guess is that this motion will be denied. However, it is a lucrative billable opportunity for the attorneys.

8 posted on 05/02/2024 7:42:43 PM PDT by thegagline (Sic semper tyrannis! Goldwater & Thomas Sowell in 2024)
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To: Flaming Conservative

Go for it.


9 posted on 05/02/2024 7:43:30 PM PDT by No name given (Anonymous is who you’ll know me as)
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To: gitmo

Well said.


10 posted on 05/02/2024 7:43:42 PM PDT by No name given (Anonymous is who you’ll know me as)
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To: thegagline

The difference is that Trump is a popular populist Republican and off the allowed political uniparty reservation.v


11 posted on 05/02/2024 8:00:23 PM PDT by AndyJackson
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To: thegagline

I tend to agree. It’s beyond a Hail Mary.


12 posted on 05/02/2024 8:01:25 PM PDT by joesbucks
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To: bitt

Well, Biden, Pence, Hillary and Comey not only stored them improperly, they were not even allowed to have them at
Only Presidents are allowed.


13 posted on 05/02/2024 8:04:03 PM PDT by vivenne
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To: bitt

It’s not like he’s been pussyfooting around...


14 posted on 05/02/2024 8:12:51 PM PDT by bigbob
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To: vivenne
Well, Biden, Pence, Hillary and Comey not only stored them improperly, they were not even allowed to have them at Only Presidents are allowed.

Yup. Add to that the WH visits by Jack Smith deputy's right before they brought chargers.

Seems pretty straight forward for anybody who isn't a TDS'er.

15 posted on 05/02/2024 8:14:04 PM PDT by FreeReign
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To: joesbucks
I tend to agree. It’s beyond a Hail Mary.

You would.

16 posted on 05/02/2024 8:14:43 PM PDT by FreeReign
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To: FreeReign

As POTUS-elect the first thing he should say about Hillary: “I wouldn’t ph—k her with Bill’s d—k.


17 posted on 05/02/2024 8:16:51 PM PDT by DIRTYSECRET
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To: bitt
"Trump Takes the Gloves Off, Files Unsealed Motion to Dismiss Jack Smith’s Classified Docs Case For “Vindictive and Selective Prosecution” – AND SLAMS HILLARY CLINTON!"


18 posted on 05/02/2024 8:18:23 PM PDT by clearcarbon (Fraudulent elections have consequences.)
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To: FreeReign

Somehow it should matter that Biden’s regime sent Trump the boxes that ended up having classified records, if I’m understanding correctly. If Trump wasn’t the one who took those records, but only received them from the Biden regime, then how can Trump be the one who is charged with wrongdoing?


19 posted on 05/02/2024 8:19:54 PM PDT by butterdezillion
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To: thegagline

If they are looking at US v Armstrong (race based arguments) they would seem to be barking up the wrong tree. But I don’t know of any selective prosecution cases in which the defendant was not charged until he was running against the POTUS in the election, while others like Hillary having classified docummnts were not charged.


20 posted on 05/02/2024 8:27:32 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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