Note:
This article needs some clarifying details. The motion to dismiss in this case was filed previously in Florida and refiled Thursday. Thursday’s events by Trump’s legal team were to refile an unsealed motion, and that action was authorized by Judge Aileen Cannon in a further unsealing of the documents in the classified documents case against President Trump which WarRoom has been following.
Numerous media outlets were confused by the timing of the motion. Our main source, investigative journalist Julie Kelly appeared on the WarRoom and spoke to Steve Bannon first thing Friday morning about the details.
Julie Kelly had accurately described the situation in her tweet, as seen below, as a refiling.
Kelly, on the WarRoom, offered that all updates and timing are available at Unredactions Reveal Early White House Involvement in Trump Documents Case.
Kelly explained Friday morning:
Julie Kelly: Unredactions Reveal Early White House Involvement in Trump Documents Case @julie_kelly2 pic.twitter.com/0yRYr6mfTY
— Jayne Zirkle (@JayneZirkle) May 3, 2024
Recent revelations from a Thursday analysis by investigative journalist Julie Kelly suggest even more extensive communication between the National Archives and Records Administration (NARA) and the Biden White House, implicating Deputy White House Counsel Jonathan Su in the Florida classified document case against President Donald J. Trump.
This discovery happens on the same day court documents show Trump has filed a motion to dismiss that shows a blatent unequal approach to enforcing the law about classified documents. [Should read refiled unsealed motion]
According to court documents found and posted by Kelly, NARA’s actions include demanding that former President Trump’s Twitter data be released.
References to “David isn’t going to DOJ” point to David Ferriero, an archivist appointed during the Obama administration, allegedly involved in building a case against Trump since June 2021, according to the posted documents.
Ary Stern, NARA’s general counsel, appears central to this scandal, having communicated with Su and the Department of Justice (DOJ). Kelly showed that Stern’s meeting with White House Counsel Dana Remus in August 2021 underscores the gravity of the situation.
Media reports show that Trump filed a motion to dismiss his Florida indictment, claiming “selective and vindictive prosecution.” His legal team argues that the case is politically motivated, citing a report by special counsel Robert Hur.
Hur is a former United States Attorney for the District of Maryland. He served as the top federal prosecutor in Maryland from April 2018 to February 2021. During his tenure, Hur oversaw various high-profile cases and initiatives related to law enforcement and prosecution in the district.
Media reports about Hur in February 2024 showed that Special Counsel Hur released a “searing report” that concluded President Joe Biden willfully retained and disclosed classified military and national security information but will not face charges after a year-long investigation into his handling of classified documents.”
According to the report, one reason Hur chose not to bring charges was that it would be difficult to prosecute Biden, who could appear to a jury as a "sympathetic, well-meaning, elderly man with a poor memory.”
“We concluded that no criminal charges are warranted in this matter,” Hur concluded. "We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.”
Trump and aide Walt Nauta were indicted in June 2023 for mishandling classified documents, with Trump facing multiple counts, including violating the Espionage Act.
It appears that Trump is being unfairly punished for being of sound mind.
The Department of Justice opposes Trump’s motion, stating that he hasn’t provided evidence for selective prosecution and emphasizing the seriousness of the alleged crimes. [Should read DOJ “opposed”]
Julie Kelly posted about the motion, adding that notes of others who were not prosecuted for the same issues include “Biden, Pence, both Clintons and Jim Comey.”
Kelly also posted an update: “More evidence of comms btw NARA and Biden WH including deputy WH counsel Jonathan Su. NARA also was demanding Trump’s Twitter data. “David isn’t going to DOJ” refers to David Ferriero, Obama appointed archivist helping build a records destruction case as early as June 2021.ary Stern, NARA general counsel, all over this scandal. He met with Dana Remus, WH counsel, at the White House in August 2021 but Stern had been communicating with Su and DOJ prior to that.”
Critical Kelly posts:
More evidence of comms btw NARA and Biden WH including deputy WH counsel Jonathan Su.
NARA also was demanding Trump's Twitter data.
"David isn't going to DOJ" refers to David Ferriero, Obama appointed archivist helping build a records destruction case as early as June 2021 pic.twitter.com/3hyOQ04cWu
— Julie Kelly 🇺🇸 (@julie_kelly2) May 2, 2024
Welp… pic.twitter.com/3SGVv85TMk
— Julie Kelly 🇺🇸 (@julie_kelly2) May 2, 2024