


Trump and his aides have made several arguments about the documents case; the one that is getting the most pickup from other Republicans, including such rivals as DeSantis, is that it’s a selective prosecution. Based on the available facts, that looks like a serious argument: Obstruction of justice may distinguish the Trump-documents case from the Pence-documents or Biden-documents cases, but it does not distinguish it from Hillary Clinton’s destruction of subpoenaed documents.
But that’s a political argument, not a legal one. It doesn’t, even if true, establish that Trump is actually innocent of any of the seven counts against him. It’s not an argument that a jury would even hear. Trump’s political operation is having a better week than his legal team.