Jack Smith responds to blistering Hur report for first time, says Biden, Trump cases not similar

Join Fox News for access to this content Plus special access to select articles and other premium content with your account - free of charge. Please enter a valid email address. By entering your email and pushing continue, you are agreeing to Fox News' Terms of Use and Privacy Policy, which includes our Notice of Financial Incentive. To access the content, check your email and follow the instructions provided. Having trouble? Click here.

Special Counsel Jack Smith's prosecutors said that former President Trump's handling of classified documents is not "remotely" similar to how President Biden also handled sensitive national security information as laid out in dueling Special Counsel Rob Hur's report released this month.

The 12-page filing Monday countering Trump's motion to dismiss the indictment "based on selective and vindictive prosecution" serves as Smith's first response to the blistering Hur report.

"The defendants have not identified anyone who has engaged in a remotely similar suite of willful and deceitful criminal conduct and not been prosecuted. Nor could they. Indeed, the comparators on which they rely are readily distinguishable," Assistant Special Counsel David Harbach wrote.

Harbach said the "primary comparator" of Trump and co-defendants, body man and valet Walt Nautaand Mar-a-Lago property manager Carlos de Oliveira, is President Biden, whose conduct is described in the recently issued Hur report on the investigation of classified documents recovered from Biden's primary residence in Delaware and the Penn Biden Center.

"But as the Hur Report itself recognizes, ‘several material distinctions between Mr. Trump’s case and Mr. Biden’s are clear,’" Harbach wrote. "Most notably, Trump, unlike Biden, is alleged