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Tags: mike pence | donald trump | classified docs | motion | dismiss | criminal | charges

Pence Mentioned in Trump Motion to Dismiss Docs Case

By    |   Thursday, 02 May 2024 07:12 PM EDT

Donald Trump is facing a selective and vindictive prosecution in his classified documents case in Florida because the likes of his vice president, Mike Pence, and others, such as President Joe Biden, Hillary Clinton, and Bill Clinton have faced no criminal charges in similar instances, the former president's attorneys claim.

Trump's legal team filed a motion Thursday in Florida asking U.S. District Judge Aileen Cannon to dismiss the case or have a hearing on their claims of selective and vindictive prosecution. Trump has pleaded not guilty to 40 felony counts issued by Department of Justice (DOJ) special counsel Jack Smith regarding his handling of classified documents at his Mar-a-Lago estate in Florida.

"American history is chock full of public examples involving alleged mishandling of classified information and documents, which did not result in the type of politically motivated charges that the Special Counsel's Office has brought against President Trump and his co-defendants," stated the motion, which was viewed by Newsmax.

Pence was listed in the motion by Trump attorney Chris Kise as among former top U.S. officials who acted similarly to Trump but were not prosecuted by the government. The motion stated Pence told the National Archives and Records Administration (NARA) he accidentally brought home a small number of classified documents after his term in the White House ended. Yet the DOJ declined to prosecute.

Wise also mentioned former President Bill Clinton, who collaborated with historian Taylor Branch to record his observations and work as president from 1993 to 2001. The motion stated Clinton used the tapes for his 2004 autobiography "My Life" and Branch mentioned them in his 2009 book "The Clinton Tapes: Wrestling History With the President."

"Branch's published account confirms that the tapes contain the type of information that the Special Counsel's Office and the Intelligence Community have repeatedly contended are classified and sensitive, such as military operations, intelligence assessments, communications with foreign leaders, and the dates on which President Clinton was briefed on particular issues," the motion stated. "Despite all of this, neither DOJ nor NARA even thought it possible to try to recover the tapes. There was no criminal investigation. There was no prosecution."

It also mentioned that Biden spread out classified documents across nonsecure residences, garages, and private office space in three states and in Washington, D.C., dating to his time in the Senate and that special counsel Robert Hur found Biden acted "willfully." But Hur recommended Biden not be charged.

"Both President Biden and former Vice President Pence returned classified documents during an iterative process, but no one inferred obstructive intent from the multiple disclosures," the motion stated. "Unlike President Trump, both men were offered an opportunity to consent to FBI searches rather than being forced to face the public spectacle of having their private homes raided by armed agents."

The motion also indicated allegations that Trump tried to obstruct a federal investigation aren't unique. It pointed to Hillary Clinton, who used a private email server for official communication during her tenure as secretary of state. She and her team "deleted 31,830 emails and destroyed data on numerous electronic devices, including after a congressional preservation order," the motion stated. But she also was not charged.

"Collectively, this history of non-prosecution and leniency for similarly situated individuals and others strongly supports President Trump's motion based on intolerable and unconstitutional selective and vindicative prosecution," the motion stated. "Discovery and a hearing are necessary, and the Court should dismiss the Superseding Indictment."

Cannon did not immediately rule on the motion. There is broad speculation the trial won't begin until after the November election.

Michael Katz

Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.

© 2024 Newsmax. All rights reserved.

Former President Donald Trump is facing a selective and vindictive prosecution in his classified documents case because the likes of his former VP Mike Pence, President Joe Biden, Hillary and Bill Clinton have faced no criminal charges in similar instances.
mike pence, donald trump, classified docs, motion, dismiss, criminal, charges, joe biden
Thursday, 02 May 2024 07:12 PM
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