Trump's legal team is probably typing away on their filing to get his classified documents obstruction case scrapped now that President Joe Biden dodged criminal charges.
Former federal prosecutor Elie Honig said the win for Biden to avoid criminal prosecution for being found to possess boxes of classified documents in his garage was a "close call" and may have cracked the window for Trump counsel to make a bid to convince the judge to stick a fork in his Florida federal case.
"Mark my words, Donald Trump's team in the federal [Special Counsel] Jack Smith classified documents team at Mar-a-Lago is going to bring a motion for what is called selective prosecution," he said. "Very, very hard to win these motions. What you have to do is show a judge, 'Somebody else did essentially the same thing I did. I was prosecuted. He was not.'"
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"Now, Donald Trump has a basis to make that motion."
Special Counsel Robert Hur ended his 15-month probe of Biden with a decision to not bring formal charges for his mishandling of classified documents when he was phasing out as Vice President of the Obama administration and knocked him for being a "well-meaning, elderly man with a poor memory."
Biden later appeared in a White House press conference defiant that he didn't "willfully retain" classified documents and called those accusations "not only misleading; they're just plain wrong."
Honig believes Biden came extremely close to becoming a defendant in a criminal case.
"This is a very close call," he said referring to his reading of Hur's prosecution memo may make Biden's behavior less problematic, but that he believes it was "close to the line" of being illegal.
"Here's the facts... Joe Biden retained sensitive classified documents after he left the vice presidency," he said. "Marked classified. Highest level. Top secret SCI."
"They related to our international affairs to war plans, foreign relations. He knew it. He knew it. He's on tape after he's out of the vice presidency, saying the classified documents are in the basement. He knew it."
Lastly, Honig makes clear that Biden appears to be trying to win the day by claiming he cooperated whereas Trump allegedly obstructed.
But he corrects him saying, "the fact that Joe Biden cooperated it's not a free pass," he said.
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