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An analysis conducted over the weekend of a hearing that took place last week regarding special counsel Jack Smith’s charges against former President Donald Trump for possessing classified documents revealed an intriguing development.

U.S. District Judge Aileen Cannon is considering dismissing the case based on the principle of “arbitrary enforcement.”

In her newsletter “Declassified,” investigative journalist Julie Kelly discussed how Cannon pointed out the potential selective prosecution of Trump for holding national defense papers, especially in light of Special Counsel Robert Hur’s recent decision not to charge Joe Biden for a similar offense under the Espionage Act.

“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.

During the court proceedings in Fort Pierce, Florida on March 14, Kelly detailed how Jay Bratt, the lead prosecutor for Smith, mentioned an alleged incident at Trump’s office in Bedminster, New Jersey in July 2021.

Bratt described how Trump reportedly revealed confidential military plans to a group of individuals during a meeting regarding an upcoming book on Mark Meadows, Trump’s former chief of staff. Bratt noted that one of the attendees was Meadows’ “ghostwriter.”

“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.

During her testimony before the House Judiciary Committee on March 12, the investigative journalist highlighted in her substack that Hur received criticism from both Republicans and Democrats for the content of his report.

The report scrutinized Biden’s diminishing cognitive abilities and brought up concerns about potential legal actions against both Biden and his ghostwriter, Mark Zwonitzer.

Hur’s inquiry ultimately found that Zwonitzer, the writer of Biden’s book “Promise Me, Dad,” had removed recordings of Biden showing his knowledge of classified documents.

These recordings were supposedly destroyed by the ghostwriter after Hur was appointed, as she detailed in her explanation.

The recordings, Hur concluded, had “significant evidentiary value.” Among the deleted audio files was a February 2017 interview when Biden told Zwonitzer he “just found all the classified stuff downstairs,” referring to top secret files related to the war in Afghanistan and a 2009 memo Biden wrote to President Obama about his opposition to troop surges in the region.

“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 concluded in his 388-page report. “The Department routinely highlights such risks when pursuing classified mishandling prosecutions.”

Kelly observed that Hur chose not to press charges against Biden or Zwonitzer, despite their more severe misconduct compared to Trump. Biden avoided legal consequences as Hur believed a jury wouldn’t convict an elderly man with memory issues, even though evidence showed he mishandled classified materials post-vice presidency. On the other hand, Trump faced 40 criminal charges in a federal courtroom for violating the Espionage Act, obstructing justice, and tampering with evidence. Kelly highlighted the FBI’s leniency towards Biden contrasted with their aggressive raid on Trump’s Mar-a-Lago property.

“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, adding:

Cannon repeatedly asked both sides for examples of criminal prosecution for “other officials who did the same.” She questioned the “arbitrary enforcement” of the espionage statute, forcing the government to admit that no other former president or vice president has faced criminal prosecution for keeping similar documents and failing to return them.

“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 concludes, adding: “Given her comments last week, no one should be surprised if she does exactly that.”

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Doug Goldsmith

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  • And no Communist Democrat voter don’t see anything wrong with that.?
    Biden taking classified documents since the 1970’s up until VP under that Muslim Barack Hussein Obama, all of which is triple the crimes the Communist Democrats are charging President Trump who did nothing wrong.
    It truly shows that the Communist voters are not able to think for themselves at all..

  • As we would say in the Army, in unison 48 trained men would say “HoooAh! Hang in there Mr. President, their plan is unraveling a bit each day and when you get to the White House, I hope you have picked a strong bull dog for your VP and give him the authority and power to clean house. We pray for you daily, and your beautiful wife, this has got to be harder on her than probably you, but you have millions of voters out here that want you to do the job we hired you for last time. Take no prisoners, and no considerations if they are part of the swamp throw them out with the bath water.

  • When does the SCOTUS step up to stop the Marxist rot in the Feral Courts?
    Waiting years to overturn a BS case that never had legal standing originally allows the plaintiff to be ruined! The long costly process is the intended punishment and goal of Marxist Lawfare not the sham verdict that will be thrown out years later!

    Perhaps the SCOTUS is silently complicit?

    All Government staged trials, agency edicts, State laws, state agency edicts and even a Governor’s own edict that have a direct bearing on the US Constitution or that violate existing US laws MUST pass a SCOTUS review and approval BEFORE trial or implementation begins. If found in violation, removal from office, prison, fines, disbarment and triple damages shall be applied.

    In other words, Marxist Democrats can not deprive a citizen of an OBVIOUS Constitutionally protected right for months and months as the desired long and costly LAWFARE punishment before overturned on appeal or a lawsuit can be brought forward to reverse the illegal ruling.

    In other words, The SCOTUS must act as soon as smoke from a Marxist political arsonist rises, not wait years while a citizen’s career, wealth, home or business is smoking rubble.

  • LMAO! EQUAL JUSTICE???? The Democrats would absolutely hate that! But I would like to hear why Trump should be tried for the same thing Hillary and Biden get a pass for! Not like they both didn’t steal the documents! THEY DID! As any other excuse is totally irrelevant! If it is a crime for Trump it has to be a crime for both Hillary and Biden! The entire case needs to be dump with prejudice! Or hillary and Biden be charged in the very same case! Just so Democrats don’t forget to charge them!



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