[thegagline]

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.

[AndyJackson]

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

[joesbucks]

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

[ding_dong_daddy_from_dumas]

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.

[Roadrunner383]

I believe Judge Cannon has already questioned Jack Smith as to whether any other President has ever been charged under the Espionage Act, and I think she mentioned Joe Biden. This is definitely on her radar.

On a side note, a recent case before the U.S. Supreme Ct. alleging selective prosecution by local police has drawn a lot of interest from the Justices. From what was reported, the Supreme Court is aware of the issue. There was a lot of questions by some of the Justices. The liberal Justices were actually pretty critical of the police for engaging in selective prosecution.

[enumerated]

“Good luck with that. Selective prosecution is exceedingly difficult to prove.“

What utter BS.

Selective prosecution is exceedingly easy to prove in any courtroom that is not rigged - that is where the luck will have to come in. Good luck finding such a courtroom in any of these once-great American cities turned Democrat hell-holes.

Any three-year-old can see that this persecution of President Trump
Is not about justice. None of this would be happening if he were not leading a popular revolution against an unelected and thoroughly corrupt administrative state.