A recent court hearing in the case against Trump for possessing classified documents took an interesting turn.
The judge, Aileen Cannon, appeared to be considering dismissing the case on the grounds of “arbitrary enforcement”.
During the hearing, the special counsel referenced Trump showing classified documents to his former chief of staff’s “ghostwriter”.
This statement by Judge Chutkan in her landmark ruling denying Trump exec privilege protections from House Democrats J6 committee alone should be disqualifying.
There is no way she can objectively oversee Jack Smith's J6 case against Trump. pic.twitter.com/VDIbIQnyJ5
— Julie Kelly 🇺🇸 (@julie_kelly2) August 6, 2023
“Cannon noted the selective prosecution of [Trump] for keeping national defense papers the same week Special Counsel Robert Hur publicly defended his decision not to charge Joe Biden,” investigative journalist Julie Kelly wrote.
However, the same special counsel recently defended not charging Biden for similar conduct involving his own ghostwriter for a memoir. (Trending: Boeing Whistleblower Found Dead, Left Behind Chilling Message)
Biden was found to have kept classified files and read them to his ghostwriter, but was not charged due to his “sympathetic” image and “poor memory”.
“Many words, terms, and definitions were tossed about during a nearly four-hour court hearing last Thursday related to Donald Trump’s alleged mishandling of national security records; lawyers representing the former president sparred with federal prosecutors representing Special Counsel Jack Smith over the language in the Espionage Act, which represents 32 counts in Smith’s sprawling criminal indictment against Trump and two co-defendants in the southern district of Florida,” she wrote.
“But one word not in the indictment nonetheless best demonstrated what the defense and U.S. District Court Judge Aileen Cannon, the Trump appointee overseeing the case, consider the ‘arbitrary enforcement’ of the law: ghostwriter,” she added.
“Bratt and his team probably regretted the reference. Just 48 hours earlier, former Special Counsel Robert Hur, appointed to investigate Joe Biden’s hoarding of classified records at numerous locations over a period of years, defended his decision not to charge Biden or his ghostwriter for similar offenses,” Kelly wrote.
“The practices of retaining classified material in unsecured locations and reading classified material to one’s ghostwriter present serious risks to national security, given the vulnerability of extraordinarily sensitive information to loss or compromise by America’s adversaries,” Hur noted in the report. “The Department routinely highlights such risks when pursuing classified mishandling prosecutions.”
This hypocrisy was not lost on the judge, who questioned why no other president or vice president has faced prosecution for similar conduct.
Given her expressed concerns about selective prosecution, the judge may dismiss the case against Trump in a rare move.
“The brazen hypocrisy is not lost on Team Trump or Judge Cannon, as Hur represented the elephant in the room during the March 14 hearing,” Kelly wrote.
“Cannon soon is expected to announce a new trial date in southern Florida; jury selection could begin soon if Cannon sets a trial date for late summer as Americans prepare to vote in the 2024 presidential election—unless Cannon takes the rare and bold move of dismissing the case on Trump’s selective prosecution motion,” Kelly wrote, adding, “Given her comments last week, no one should be surprised if she does exactly that.”
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