Former President Donald Trump's attempt to obstruct a federal investigation into his retention of national security secrets is being portrayed by special counsel Jack Smith as markedly different from cases involving other political figures, such as President Joe Biden, Hillary and Bill Clinton, Mike Pence, and James Comey.
Smith argues in a court filing on Thursday that Trump's conduct, particularly his prolonged refusal to return the documents, sets him apart from others who faced similar allegations but were not charged.
Special counsel: Trump’s ‘deception’ on classified docs distinguishes him from Biden, Clinton and Pence https://t.co/B4hEUwtPDJ
— POLITICO (@politico) March 7, 2024
The 29-page brief filed by prosecutors contends that while there are slight resemblances between Trump's case and those of other figures, none of them involved the willful retention of a vast trove of highly sensitive materials or a concerted effort to obstruct their lawful return.
Smith seeks to refute Trump's claims of being unfairly targeted by politically motivated prosecutors, emphasizing the gravity of Trump's actions.
The filing comes as Judge Aileen Cannon considers whether to proceed with a trial against Trump this summer or postpone it until after the November election.
Trump's legal team has filed motions seeking to dismiss the case altogether, which Smith and his team have responded to in various filings.
Smith acknowledges some superficial similarities between Trump's actions and Biden's handling of classified materials but argues that Trump's conduct, including storing documents at his social club and engaging in a campaign of deception, distinguishes him significantly.
Moreover, Smith rejects Trump's suggestion that President Biden played a role in initiating the criminal case against him, dismissing it as lacking evidence or logic.
He also highlights Trump's public statements acknowledging his possession of the documents, which undermine his claims of immunity or declassification.
In response to Trump's assertion of immunity, Smith dismisses it as without merit and possibly part of a strategic delay tactic. Trump's previous immunity claims have delayed another criminal prosecution against him, which is related to an alleged conspiracy to overturn the 2020 presidential election.
Smith also refutes claims regarding the validity of his own appointment by Attorney General Merrick Garland and Trump's assertion that the Presidential Records Act authorized him to retain the classified materials.
Smith argues that Trump's decision to return some materials to the National Archives after negotiations indicate they were not his personal property.
The filings set the stage for a hearing next Thursday, where Cannon will consider Trump's motions to dismiss the case based on the Presidential Records Act and the alleged vagueness of the charges against him.
