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Donald Trump and Hillary Clinton

Former U.S. President Donald Trump spoke during a campaign rally at Legacy Sports USA on October 9, 2022, in Mesa, Arizona. Hillary Clinton attended an event on September 10, 2022, in Toronto, Ontario (Trump by Mario Tama/Getty Images; Clinton by Amy Sussman/Getty Images.)

The prosecutor appointed to oversee the federal government’s prosecution of Donald Trump over his retention of classified documents inside his resort home in Florida on Thursday unleashed a spate of court filings seeking to ensure the criminal case against the former president is not dismissed.

In one such filing, special counsel Jack Smith argues that Trump knowingly taking classified national security documents from the White House is far more brazen — and unlawful — than other high-profile political figures who found themselves embroiled in scandals concerning the mishandling of classified information, including former Secretary of State Hillary Clinton.

The filing is an opposition brief responding to Trump’s claim that he is the victim of “selective and vindictive prosecution,” refuting Trump’s claims that he’s being treated worse than other individuals such as Clinton, President Joe Biden, James Comey, and Mike Pence, specifically emphasizing Trump’s refusal to return the classified documents he took for several months.

Smith wrote that the cases may “to varying degrees” bear a “slight resemblance” to Trump’s case, but “none is alleged to have willfully retained a vast trove of highly sensitive, confidential materials and repeatedly sought to thwart their lawful return and engaged in a multifaceted scheme of deception and obstruction.”

The difference in Trump’s case, Smith said, is that Trump “knowingly possessed and willfully retained the classified documents,” even after he had been ordered to return them.

“That alone distinguishes his conduct from a litany of former government officials who have retained classified documents beyond their terms in office through inadvertence or carelessness, but then returned them upon their discovery.”

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