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Home High profile ‘Intolerable’: Trump asks Mar-a-Lago judge to dismiss case because Dr. Deborah Birx wasn’t prosecuted for her ‘boxes’ of docs

‘Intolerable’: Trump asks Mar-a-Lago judge to dismiss case because Dr. Deborah Birx wasn’t prosecuted for her ‘boxes’ of docs


Trump referred to numerous past cases of mishandling classified information without resulting prosecutions when making their appeal.

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Donald Trump, Dr. Deborah Birx

Donald Trump (left) speaks at a news conference at Mar-a-Lago in April 2024 (AP Photo/Wilfredo Lee), (right) Dr. Deborah Birx, White House coronavirus response coordinator, discusses the coronavirus in the James Brady Press Briefing Room of the White House, Thursday, April 2, 2020, in Washington. (AP Photo/Alex Brandon)

Donald Trump's lawyers request the Mar-a-Lago judge to throw out his indictment, claiming that he is being prosecuted under the Espionage Act unlike several others, including Dr. Deborah Birx, the White House COVID-19 pandemic response coordinator known for squirming in a chair upon hearing the then president suggest at a press conference that a disinfectant “injection” could help treat coronavirus.

The defense began its argument Thursday by appealing to “American history” that is “full of public examples involving alleged mishandling of classified information and documents” without Espionage Act and obstruction prosecutions resulting, before naming President Joe Biden, Trump’s former Vice President Mike Pence, former President Bill Clinton, former Clinton National Security Advisor Sandy Berger, former Secretary of State Hillary Clinton, former FBI Director James Comey, General David Petraeus, and Birx.

Trump, accused of willful retention of national defense information and being part of a conspiracy to obstruct the FBI and a grand jury from recovering classified documents that his co-defendants allegedly tried to conceal at his direction by moving numerous “boxes” around and scheming to delete video footage, argues that special counsel Jack Smith’s case cannot survive in light of the aforementioned non-prosecution examples.

More Law&Crime coverage: Trump oddly responded with 'you’re the man' after Mar-a-Lago visitor said ‘whatever you have, give everything back’ and don’t give feds a reason to indict you, exhibit says

“[T]he unproven obstruction allegations by the Special Counsel’s Office cannot save this prosecution. Hillary Clinton and her colleagues deleted 31,830 emails and destroyed data on numerous electronic devices, including after a congressional preservation order,” the filing said. “Comey hid from the FBI that he had used a private scanner and his personal email account to transmit at least two classified documents to his personal attorneys. Berger stole documents from NARA and cut three of them ‘into small pieces,’ which resulted in NARA having informal ‘Sandy Berger’ rules.”

The filing also addressed Dr. Birx, stating she had “six boxes” of her own of interest to the National Archives (NARA), and that “a classified document” was found inside. But yet, no prosecution, Trump’s lawyers said:

Deborah Birx acted as the White House Coronavirus Response Coordinator between 2020 and 2021. On September 6, 2021, NARA’s General Counsel wrote in an internal email that NARA was “arranging to pick up the PRA materials from Dr. Birx on Tuesday (tomorrow).” A separate internal NARA email thread on September 16 noted that Birx had at least “six boxes,” and that “[s]canning Dr. Birx'[s] correspondence has been slowed because they found a classified document in the mix.” To our knowledge, Dr. Birx is not under investigation and is not being prosecuted.

This was not the last time Birx was mentioned, either.

“It does not appear that Dr. Birx faced charges or even an investigation despite the fact that she (1) retained possession of ‘PRA materials’ until at least September 2021, long after Ferriero was ‘out of patience’ with President Trump, and (2) those materials contained at least one classified document,” the motion to dismiss continued.

The defense then asked U.S. District Judge Aileen Cannon to cancel the indictment because they believed the case was brought for political reasons, citing a history of leniency for similar cases.

Trump's lawyers asked for more information and a hearing, as they expected that Cannon would not dismiss the indictment based on their previous argument.

Read the Trump filing here.

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