“Arbitrary Enforcement…is Featuring in This Case” – Judge Cannon Grills Jack Smith’s Prosecutor During Hearing For Dismissal of Classified Docs Case, Appears Skeptical of Charges Under Espionage Act

President Trump on Thursday appeared in federal court in Florida for a hearing on two motions to dismiss Jack Smith’s classified documents case.

Trump’s legal team last month filed several motions to dismiss Jack Smith’s classified documents case, citing presidential immunity.

Supporters lined the streets to catch a glimpse of Trump as he arrived to the courthouse with his lawyers.

WATCH:

NOW: Former President Donald Trump is inside a Florida courthouse to hear a judge’s decision on a motion to dismiss his classified documents case.

The ONLY just outcome in Trump’s classified documents case can be DISMISSAL WITH PREJUDICE in light of Special Counsel Robert Hur’s… pic.twitter.com/Q8YIi5Lb0Z

— Kyle Becker (@kylenabecker) March 14, 2024

Jack Smith indicted Trump on 37 federal counts in Miami in June for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.

Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.

In 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.

Jay Bratt argued Trump committed the “crime” the day he left office (Jack Smith’s indictment cites January 20, 2021 as the day Trump committed the crime).

According to Julie Kelly, Judge Cannon asked for historical precedent as to when a former president or vice president faced charges for similar conduct.

Jay Bratt of course said there is none.

“There was never a situation remotely similar to this one,” Jay Bratt said.

“I have had a Q clearance for 15 years, I can view classified documents in a SCIF, I can’t take, I can’t take them home and leave them in my basement,” Jay Bratt said.

Apparently only Joe Biden is allowed to steal SCIF-designated documents and store them in his basement without being criminally charged.

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.

Jay Bratt, representing special counsel office, confirmed the “crime” began that day because as a former president, he was entitled to retain the documents.

Cannon again asked for historical precedent as to when a former president or vice president faced charges for similar…

— Julie Kelly (@julie_kelly2) March 14, 2024