The Selective Prosecution Motion: A Potential Game Changer in Trump’s Classified Documents Case


Thread via Julie Kelly

From FLA courthouse in Trump’s classified documents case with a prediction.

Robert Hur report and testimony is the biggest elephant in the room. The term “arbitrary enforcement” used frequently by both the defense and Judge Aileen Cannon.

Cannon hammered the fact no former president or vice president has been charged under Espionage Act for taking and keeping classified records including national defense information–which represents 32 counts against Trump in Jack Smith’s indictment.

Prediction: Cannon won’t dismiss the case based on the motions debated today–vagueness of Espionage Act and protection under the Presidential Records Act.

But it’s very likely she will dismiss the case based on selective prosecution, a motion still pending before her.

Cannon pressed both defense and Special Counsel to explain when the “crime” of willful retention of national defense information begins–she noted the date in Jack Smith’s indictment as to when Trump first violated the Espionage Act.

January 20, 2021, the day he left office

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 conduct. Bratt of course said there is none.

She added “vice president” on numerous occasions for a reason–Hillary Clinton, Joe Biden, and Mike Pence all skated on criminal charges. Trump is the only one who has not.

Cannon: “Arbitrary enforcement…is featuring in this case.”

Cannon also addressed the “foreseeability” as to Trump’s awareness he was committing a crime by keeping classified/national defense information.

“Given the constellation of what happened before”–meaning no criminal prosecution of former presidents including Bill Clinton and Ronald Reagan and vice presidents–Cannon suggested Trump could have reasonably expected he was in the clear.

Also of interest: Jay Bratt claiming there is no official process for a president to obtain or keep a security clearance. His argument is Trump’s clearance automatically expired at the end of this term–which contradicts how former government officials maintained clearances long after their service ended.

Trump’s elimination of John Brennan’s clearance was raised.

But there is a problem. The Dept. of Energy, learning of Smith’s indictment against Trump in the summer of 2023, retroactively revoked Trump’s “Q” security clearance.

Bratt says the government has emails and a draft memo to revoke Trump’s clearance.

Cannon’s counterargument is–but if there is no formal process for authorizing or removing a president’s security clearance–why did DOE need to memorialize it post-indictment.

Bratt didn’t really have an answer.

Without saying so directly, what Judge Cannon suggested is that any former president or vice president who took unauthorized records and failed to return them to the proper authority committed a crime the day he left office.

Also important to note that Judge Cannon, who is pretty measured in comparison to most judges, made these points in a rather heated fashion. She is very aware of the double standard at play in the non-prosecution of Joe Biden.

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The democrats law fare is collapsing. This case, the Fulton county case
and soon the DC case. All flops going nowhere.

Last edited 1 month ago by TrumpWon

Judge Cannon is focusing on ‘selective prosecution’ of Trump while Biden, Pence, and Clinton were not charged.

Last edited 1 month ago by TrumpWon

First, there were no classified documents. They were all declassified. Next, the DoJ itself, and then the Democrats on the House Judiciary Committee have determined that keeping documents, no matter how highly classified, no matter if they are stored where the CCP has ready access, no matter who is granted access to them, no matter if they were stolen and remained classified, is not a crime.

Lest we forget… Seven years have passed, but the truth is still the truth. Every word is true.

Last edited 1 month ago by Greg

Yet, currently, Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden is a confirmed massive, repetitive, pathological, constant liar. He lies with every single remark he makes. MILLIONS of people call him a liar.

Special Counsel Jack Smith’s documents case going down in flames…

The deep state is finding itself in a bind. Their sham cases against President Trump are hitting snags and unraveling fast. The latest to crumble is the saga of the classified documents—a case that’s just dripping with political irony, especially when you consider Joe Biden’s mishandling of classified documents, which ended up in his dusty, unsecured garage and even in the hands of his ghostwriter, who then attempted to “destroy evidence.” Yet Joe won’t face charges; apparently, his memory’s too shot for him to stand trial. Then there’s Hillary Clinton, who famously used BleachBit on her computer to erase data while under subpoena in her own classified documents ordeal. She walked away scot-free, while President Trump is staring down the barrel of some 40-odd charges.

Last edited 1 month ago by TrumpWon

The trial will not be dismissed. But light is not all that dimmed it wont happen in a fixed DC courtroom.

New Video — Julie Kelly summarizes today’s hearing in 90 seconds — ‘It is very likely that Judge Cannon will dismiss the case against Trump. Not based on the two motions from today, which she will deny, but from an upcoming motion already filed by Team Trump, on Selective Prosecution.

Consistent with Smith’s past appearances at Trump hearings, he did not speak a word during today’s hearing.

(He was fuming inside.)

As the left likes to assert, “he was in a rage”.

Judge Cannon Denies, for Now, the Trump Motion to Dismiss Classified Documents Case
A good analysis of Judge Cannon’s presumed strategy;

While listening to a debate on terminology and odd interpretation of application to the statute of the Espionage Act, a case study in Lawfare as presented, Judge Cannon decided in a later ruling to defer the nuances of legislative interpretation until later in the trial pleadings.  Her 2-page Ruling is here.

While many voices say this initial motion to dismiss failed, there are several indications the ruling was more about targeting the issue of statutory definitions to latter phases in the pretrial legal process. Essentially, allowing the DOJ to try and square the circles that are seemingly unsquarable.

Cannon is avoiding the trap of removal from the case by carefully and meticulously following a very routing process to allow the full sunlight of judicial consideration to apply at the moment when the interpretation has the greatest importance. Despite ruling against dismissal, this is not a loss for the Trump legal team, as the issues behind the dismissal motion have not been rectified. These issues will surface again at more critical moments.

If the Lawfare case is going to be dismissed in whole, as opposed to part by part, Julie Kelly was present in the court and also noticed that Judge Cannon appears to be positioning herself to dismiss the case on “selective prosecution” grounds. See this Great Thread HERE.


While Cannon did not accept the Trump motion to dismiss today, the elements of today’s motion will face strong scrutiny as the case progresses. Additionally, if the case is to be dismissed, the technical definitions could be moot if the judge uses another more transparently obvious context, “selective prosecution,” to dismiss the case.

It is a strategic move to not dismiss on the grounds of the motion as addressed.
Most likely it will get dismissed when the bullshit argument about the records classification goes in Trump’s favor.
The contents of the Binder if brought out into the ‘SUNLIGHT’ is the “prize.”
The whole house of inquiry will be exposed in that event. That would be devastating for smith and the DOJ.

Looking at the classified documents recent history:

Bill Clinton – No Prosecution – President
Hillary Clinton -No Prosecution – Not President
Mike Pence – No Prosecution – Not President
Joe Biden – No Prosecution – Not President at the time
PT – Prosecution – President
1 out of 5 recently and only PT hit with prosecution.

Judge Cannon is positioning the court to find selective prosecution as a cause to dismiss.

Last edited 1 month ago by TrumpWon

You and your lies have done more damage to this nation than any other president in American history.

Last edited 1 month ago by Greg

You aint right boi.
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I guess you forgot about Russian collusion, huh?

How can anyone forget, with Trump’s MAGA toadies blocking aid to Ukraine to facilitate Putin’s reelection?

I guess you forgot about Russian collusion, huh?

Well, I was referring to the 4 years of treasonous lies the Democrats engaged in to try and destroy the last legally and duly elected President of the United States, but isn’t it a shame that those who actually care about the country and citizens have to take such extreme measures just to try and get our southern border secured from illegal immigrants, deadly drugs, diseases, criminals, terrorists and guns?

Unlike Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden, Trump didn’t steal any documents and make them available to Hunter and the CCP. Trump declassified his documents and kept them secured at Mar a Lago, where Hunter and the CCP are not welcome.

These leftists don’t concern themselves with making all the pieces of their cases fit together nicely to form a cohesive and indestructible case. They rely on a judge that is an ideologue and will simply rule on the political needs. Judge Cannon may present an obstruction to that tactic.