'Arbitrary Enforcement': Donald Trump's Classified Documents Case Likely To Be Dismissed By Judge, Journalist Julie Kelly Predicts

On Thursday, Real Clear Investigations journalist Julie Kelly predicted that special counsel Jack Smith's case against presumptive GOP nominee and 45th President Donald Trump could be dismissed by Judge Aileen Cannon following special counsel Robert Hur's report on Biden's mishandling of classified documents. The Hur report found that Biden knowingly mishandled classified documents, yet charges were not recommended to the Department of Justice, showing the clear contrast in the treatment of Trump and Biden.

"From FLA courthouse in Trump's classified documents case with a prediction. Robert Hur's report and testimony are 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," Kelly explained on X. "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."

During the hearing, Cannon repeatedly asked the DOJ lawyers what precedent there was to charge Trump with willful retention of the classified documents, repeatedly asking counsel if there were any former presidents or vice presidents who were charged for possessin these materials after leaving office. "Arbitrary enforcement...is featuring in this case," the judge reportedly said during the hearing. 

"Cannon also addressed the 'foreseeability' as to Trump's awareness he was committing a crime by keeping classified/national defense information," Kelly explained. "'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."

What was said during the hearing is a terrible sign for special counsel Jack Smith, and it could very well lead to the classified documents case being thrown out, given the apparent double standard. President Trump pointed out the double standard himself on Truth Social earlier this week prior to Robert Hur's testimony to Congress, writing, "Big day in Congress for the Biden Documents Hoax. He had many times more documents, including classified documents, than I, or any other president, had. He had them all over the place, with ZERO supervision or security. He does NOT come under the Presidential Records Act, I DO. He had many docs in CHINATOWN, and they were moved all over the place, and heavily used. My boxes were moved by GSA, were secure, most carried clothing, shoes, sporting equipment, kitchen 'stuff', newspapers, pictures, magazines, awards, etc. The DOJ gave Biden, and virtually every other person and President, a free pass. Me, I'm still fighting!!! MAGA."

Read Julie Kelly's full explanation below:

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