Former DOJ Deputy Assistant Attorney General Victoria Toensing and former U.S. Attorney for the District of Columbia, Joe diGenova, say the Trump indictment is filled with flaws.
Trump on Thursday was indicted, accused, among other things, of mishandling classified documents at his Florida estate.
The prosecution marks the first time in U.S. history that a former president faces criminal charges by the federal government he once oversaw. He faces the possibility of prison if convicted.
"The allegations are rather problematic for the president if they are true," Toensing said Friday during an appearance on Newsmax's "Chris Salcedo Show."
"We all know Trump can be kind of undisciplined; that said, the problem here is the abuse of discretion. That conduct is not wrought in any way to pursue a former president of the United States and perhaps a future president of the United States.
"I want to tell Jack Smith there are two systems of justice because I could have in 2017 gone to the Justice Department and pursued an investigation into Hillary Clinton and found as damning statements about why she eliminated 30,000 emails, why she kept an unsecured server in her basement and why she beat her phone up with a hammer. I could have brought just as damning an indictment," she added.
Smith is the special counsel behind the indictment. In brief remarks Friday he said the country has "one set of laws and they apply to everyone."
Trump faces 37 counts related to the mishandling of classified documents. The charges include counts of retaining classified information, obstructing justice and making false statements.
DiGenova told Newsmax he was extremely disappointed with the lawyering "on both sides of this case" and that Trump's new legal team should "file a series of motions in front of the court about prosecutorial misconduct, the illegality of the underlying charges and all the things you need to file in a case like this because jury selection in Florida is going to be a lot better for the president than it would have been in the District of Columbia."
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Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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