Will Judge Cannon Dismiss Trump Charges on the Basis of Selective Prosecution?

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. 
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(via Ace of Spades HQ)

Ed Morrissey

This seems like a very long shot; federal judges rarely accept a selective-prosecution argument. It does happen, however, and did recently in a federal case involving a fight between conservative protesters and Antifa goons, when the DoJ charged the former for a violent clash started by the latter.

This may not be quite as cut-and-dried, but it's close. The difference between this and the Biden case is that Biden cooperated with the searches. But that difference can be addressed in the obstruction charge, which could conceivably stand on its own -- and has always been Trump's biggest legitimate liability. 

Worth noting: Cannon has already denied Trump's motion to dismiss on grounds of "unconstitutional vagueness."

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