(Luis Cornelio, Headline USA) Special Counsel Jack Smith has resisted calls for dropping the classified documents case against former President Donald Trump, despite Special Counsel Robert Hurt clearing President Joe Biden of wrongdoing for comparable actions.
Smith declared on a Monday filing that the case against Trump—a former president with the authority to declassify documents—is different from that of Biden—a former vice president who held classified documents for several years and whose powers did not include declassification.
According to Fox News, prosecutors for Smith attempted to dispel allegations of a two-tier justice system after Biden did not face criminal charges for mishandling classified documents. In contrast, Trump faced a 40-count indictment for the alleged illegal retention of documents from his tenure as president.
“The defendants have not identified anyone who has engaged in a remotely similar suite of willful and deceitful criminal conduct and not been prosecuted,” Assistant Special Counsel David Harcbach wrote. “Nor could they. Indeed, the comparators on which they rely are readily distinguishable.”
Trump previously filed a motion seeking dismissal of the case because of “selective and vindictive prosecution.” But Smith’s team retorted these allegations in the filing.
Harcbach specifically cited Special Counsel Robert Hurt’s report that ultimately recommended against the prosecution of Biden despite evidence that he “willfully” retained classified documents while having no authority to do so.
“But as the Hur Report itself recognizes, ‘several material distinctions between Mr. Trump’s case and Mr. Biden’s are clear,’” Harbach added, alleging that Trump carried repeated efforts to obstruct justice and block the return of documents to the National Archives.
NEW: Jack Smith’s latest filing in classified docs case.
Laughably insists Trump’s case of retaining classified docs is way worse than Biden’s–even tho Biden had a lot more classified records; stored them at numerous locations in accessible areas of his house and Penn Biden… pic.twitter.com/b0nP6fOuQc
— Julie Kelly 🇺🇸 (@julie_kelly2) February 26, 2024
“And the evidence concerning the two men’s intent – whether they knowingly possessed and willfully retained such documents – is also starkly different, as reflected in the Hur Report’s conclusion that ‘the evidence falls short of establishing Mr. Biden’s willful retention of the classified Afghanistan documents beyond a reasonable doubt,’” she continued.
Attorney General Merrick Garland appointed both Smith and Hurt to independently investigate the retention of classified documents of Trump and Biden, respectively. Trump has long accused the DOJ of seeking to block his 2024 White House bid by pressing charges against him.
