In the ongoing case concerning former President Donald Trump‘s handling of classified documents, special counsel Jack Smith has referred to the Hur report to counter allegations of selective prosecution.

What Happened: Smith’s court filing contradicts Trump’s lawyers’ claims of selective prosecution. The special counsel used the Hur report, supervised by special counsel Robert Hur, to illustrate the stark differences between the cases of Trump and President Biden, reported The Hill.

“Trump, unlike Biden, is alleged to have engaged in extensive and repeated efforts to obstruct justice and thwart the return of documents bearing classification markings,” said Smith in the filing.

Smith emphasized that Trump, unlike Biden, is accused of making repeated and extensive efforts to obstruct justice and prevent the return of classified documents. The Hur report outlines significant differences in the intent of the two men, particularly whether they knowingly possessed and willfully retained such documents.

President Biden was exonerated of criminal misconduct by Hur, who determined that Biden’s retention of classified information was against procedure but not illegal. Smith, appointed by Attorney General Merrick Garland, contended that Trump’s violations were deliberate and involved sharing classified information with unauthorized individuals.

Smith’s filing also noted that Trump’s comparison of the two cases failed to identify anyone else who faced a similar legal predicament.

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Presidential candidate Nikki Haley took a dig at Trump and said the former president should consider hiring Biden’s legal team following the special counsel's decision not to charge President Biden over the handling of classified documents.

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