Today on @JesseKellyDC‘s radio show, Julie Kelly gave the latest on the Trump Mar-a-Lago documents case. She said that she expects that Judge Cannon will dismiss the case based upon selective prosecution. Judge Cannon is fully aware that the DOJ failed to prosecute Joe Biden for the same crimes that President Trump is being accused.
Attorney Robert Barnes believes that selective prosecution is prohibited under the First and Fifth Amendments. “The First Amendment prohibits any prosecution that is a method or mechanism for the government to suppress or censor speech, political association, religious expression, press activities, petitioning the government for a redress of grievances, or any of the other rights protected under the First Amendment. The Due Process clause under the Fifth Amendment protects against arbitrary prosecution.”
If Julie Kelly’s analysis is correct, then the charges may be dropped independent of immunity issues. Of course this would put pressure on the other courts hearing Trump related cases because how are the other cases not selective prosecution as well?
