President Trump was in Florida today as his lawyers tried to get the 37 charges under the Espionage Act dismissed by Judge Aileen Cannon. The judge did not dismiss the cases, but she did not rule that the cases could continue either, and all the bad news seems to affect Smith’s case. Presidents have always taken documents home with them. Judge Cannon asked Attorney Jay Bratt if he could name another president who has had such charges lodged against them. Bratt said no.
Judge Cannon acknowledged the fact that all presidents have taken documents home with them, and none of them were ever charged with a crime. Joe Biden, who had never been president at the time he stole files from the SCIF, an area where you may read the documents but under no circumstances may you remove them, was not charged. So, only Trump, who broke no laws, is being prosecuted.
Trump’s legal team last month filed several motions to dismiss Jack Smith’s classified documents case, citing presidential immunity. The two areas used for asking for the dismissal of the suit. Smith indicted President Trump on 37 charges. 31 counts of violating the Espionage Act and 6 underlying charges of conspiring to delete security tapes. Those six charges are ridiculous because those tapes were already turned over to the DOJ.
Trump’s lawyers wrote in court papers filed late Thursday night:
“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.”
“President Trump is entitled to immunity for this official act and that must include immunity from criminal prosecution.”
VISIT OUR YOUTUBE CHANNELIn 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 last month 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.
On Thursday Trump’s lawyers argued two main points: Trump is a victim of a double standard because no other former president was charged for retaining classified documents. Bill Clinton and Ronald Reagan were not charged.
Joe Biden – after he left the vice presidency – as a private citizen – stole SCIF-designated documents and stored them in dilapidated boxes in his Delaware garage – and he still wasn’t charged.
Trump’s lawyers also argued against Smith’s “unconstitutionally vague” use of the Espionage Act.
According to investigative reporter Julie Kelly who attended the hearing on Thursday, Judge Cannon grilled Jack Smith’s prosecutor Jay Bratt on whether any other president has been charged for retaining classified documents after leaving office.
Judge Cannon did suggest the motion to dismiss the documents indictment is “premature.”
However, Cannon did hammer the double standard and selective prosecution of the Espionage Act.
“Arbitrary enforcement..is featuring in this case,” Cannon said.
