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The judge overseeing former President Donald Trump’s Florida case questioned during a Thursday hearing why he was the only president who has been charged over his handling of classified material, according to multiple reports.
During a hearing to consider various motions Trump filed to dismiss the case, Judge Aileen Cannon noted no former president had similarly faced criminal charges over the handling of classified material, according to NBC News. Trump’s attorneys brought up special counsel Robert Hur’s report finding evidence President Joe Biden willfully kept classified documents, but declining to charge him, according to CNN.
“Even with other former presidents, there was never a situation remotely similar to this one,” prosecutor Jay Bratt told Cannon, according to CNN.
Judge Aileen Cannon, 43, was appointed by Trump in 2020. She is a Republican, and was born in Columbia, but grew up in Miami, Florida. Her mother was born in Cuba, and her father is from Indiana.
NBC News shared the following details from the hearing:
At one point, U.S. District Judge Aileen Cannon noted that no other former president has faced criminal charges related to the law. “There has never been a situation remotely similar to this one,” Jay Bratt of the special counsel’s office responded.
Blanche argued that “presidents since George Washington have taken materials out of the White House” at “their own discretion,” but Cannon seemed skeptical of his arguments involving the Records Act.
“It’s difficult to see how this gets you to the dismissal of an indictment,” she said.
Julie Kelly of Real Clear Investigations shared the following updates from the hearing, and predicted, based on the judge’s comments, that Cannon may toss the case:
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.
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 pic.twitter.com/BTiEo3WLce
— Julie Kelly (@julie_kelly2) March 14, 2024
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.
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…
— Julie Kelly (@julie_kelly2) March 14, 2024
As of 3:00 p.m. ET, the hearing has concluded.
Kelly was interviewed by podcast hosts Clay Travis and Buck Sexton after the hearing. Listen below:
Watch @ClayTravis and @BuckSexton‘s FULL interview with journalist @julie_kelly2 from outside the courthouse in Florida, where Judge Cannon is signaling she’s open to Trump’s argument of selective prosecution. pic.twitter.com/9xCK0A78sk
— The Clay Travis & Buck Sexton Show (@clayandbuck) March 14, 2024
“It was not a subtle suggestion by Judge Cannon… about historical precedent for charging a former president for taking home classified or national defense information documents and she raised the term several times, and she did it again this afternoon, in calling this arbitrarily decided, arbitrarily prosecuted,” Kelly said.
.@julie_kelly2: “It was not a subtle suggestion by Judge Cannon… about historical precedent for charging a former president for taking home classified or national defense information documents and she raised the term several times, and she did it again this afternoon, in… pic.twitter.com/S0vybhGgGa
— The Clay Travis & Buck Sexton Show (@clayandbuck) March 14, 2024
Reporter Simon Ateba warned that CNN is trying to “spin” it to their viewers:
DEVELOPING: In case you’re not paying attention, @CNN is spinning Judge Aileen Cannon’s line of questioning that indicates she’s not buying what Jack Smith is selling in the opposite direction.
They are focusing on the motion today to dismiss the case based on “unconstitutional vagueness,” when in reality, the judge’s line of questioning shows that she would likely dismiss the case based on the pending “selective prosecution” motion after challenging the Jack Smith team on why no other President or Vice President before or after Trump has been charged under the Espionage Act for taking or keeping classified materials, a situation that involves 32 counts against Trump. CNN is saying the opposite.
NOTE: The left might try to oust Judge Aileen Cannon because this was what they thought was their strongest case!!! May God help us!
DEVELOPING: In case you’re not paying attention, @CNN is spinning Judge Aileen Cannon’s line of questioning that indicates she’s not buying what Jack Smith is selling in the opposite direction.
They are focusing on the motion today to dismiss the case based on “unconstitutional… pic.twitter.com/9wNPG8ZIu9
— Simon Ateba (@simonateba) March 14, 2024
BREAKING.
“Arbitrary enforcement…is featuring in this case…”
Judge Cannon Takes Wrecking Ball to Trump Classified Docs Case Citing Robert Hur’s Report https://t.co/uR0VnKOsdp
— Kyle Becker (@kylenabecker) March 14, 2024
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The post BREAKING: Judge Questions Why Trump Was The Only President Charged Over Handling Of Classified Material appeared first on Dennis Michael Lynch.
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