NEW: THREAD: Jack Smith has filed a response to trump's overly-broad and vague motion to compel discovery in the Mar a lago documents case, and it's amazing. 1/
Just like he did in DC, trump is asking for a bunch of shit that doesn't exist because it's based on conspiracy theories. For example, in DC and Fulton County, trump asked for all the "deleted" 1/6 committee materials. Judge McAfee denied that saying "they don't exist." 2/
Trump also asked in both jurisdictions for all material and communication from any agency in government that exonerates him. Trouble is, to compel discovery, you have to be specific about a document or documents you know the government is keeping from you. 3/
You can't just be all "I WANT ALL EMAILS THAT SAY I'M AMAZING FROM ANYONE EVER IN GOVERNMENT." You have to say "I have developed evidence (and here it is) that the DNI sent an email to the DoJ with evidence of voter fraud, and I need that for my defense." 4/
So in this case, trump is asking for documents that show vindictive and selective prosecution. Well, first, he's estopped from asking for it in a response to his motion to compel because he didn't raise it before, and because... 5/
He can properly ask for it in a motion to dismiss for vindictive and selective prosecution. And Jack Smith says "now that he's filed that pile of garbage, I'll respond to THAT about how he's wrong, but he can't ask for it here." (I'm paraphrasing). 6/
And here's the best part. Jack Smith says "Even if he could get what he's asking for in this motion, he fails the first step - which requires trump to show someone else that is "similarly situated" with the defendant. 7/
Trouble is, THERE IS NO ONE ON EARTH THAT HAS DONE THE CRAZY SHIT TRUMP HAS. "There have been many government officials who have possessed classified documents after the ends of their terms in office; often inadvertently, sometimes negligently, & very occasionally willfully." 8/
"But there has never been a case in American history in which a former official has engaged in conduct remotely similar to Trump’s... The defendants’ requests for discovery on this topic should be denied." lol well played, Jack Smith. 9/
Here is the full, glorious filing. END/ storage.courtlistener.com/recap/gov.usco…
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.