Former President Donald Trump’s legal team has provided a glimpse into what might be their strategy for countering the Justice Department’s effort to prosecute him for allegedly mishandling classified documents. In a new motion to compel discovery in the case pending in Florida federal court, Trump’s lawyers indicate they have evidence of political motivation on the part of the DOJ, which, if proven, could severely undermine the case against him.

The motion makes a series of bold assertions centering on a politically motivated effort to weaponize the Justice Department against Trump in the hopes of influencing the outcome of the 2024 presidential election.

Central to Trump’s argument is the allegation that “politically motivated operatives in the Biden administration and the National Archives and Records Administration” are engaged in a “crusade” against the former president.

New evidence, obtained via requests pursuant to the Freedom of Information Act (“FOIA”), reveals that politically motivated operatives in the Biden Administration and the National Archives and Records Administration (“NARA”) began this crusade against President Trump in 2021. There are 22 FOIA releases from DOJ and NARA attached as exhibits to this brief. Nearly all of these exhibits, though heavily redacted based on FOIA rules that have no application in a criminal case, represent discovery violations in which the Special Counsel’s Office failed to produce documents that support arguments and positions the defense has articulated since at least October 2023.

Trump’s lawyers assert that the Special Counsel’s Office flouted basic discovery obligations to assist the Biden administration’s attempt to “weaponize the criminal justice system” against the former president.

The motion also points to the extensive involvement of multiple government agencies, including the White House Counsel’s Office, senior DOJ and FBI officials, and parts of the Intelligence Community. The attorneys suggest that this far surpasses the scope of standard legal procedure, which could reveal a concerted effort to target Trump. "The record discussed below strongly supports the existence of additional evidence of bias and political animus that is central to the defense of this case,” the document reads.

No defendant is required to predict every form of exculpatory, discoverable evidence that exists. It is incumbent upon the Special Counsel’s Office to collect and produce such materials based on a fair, judicially enforced definition of the prosecution team. However, to be clear, the record discussed below strongly supports the existence of additional evidence of bias and political animus that is central to the defense of this case and must be produced promptly. This includes evidence of collusion between the Office and the White House, DOJ, FBI, and NARA to use the Presidential Records Act (“PRA”) as a law enforcement tool, and to abuse grand jury procedures, in violation of due process, other constitutional rights, and the executive privilege.

If discovery turns up evidence of political motivation and collusion between various government entities to target the former president, it could have a significant impact on the case, possibly undermining the legitimacy of the charges against him. It would expose the reality that political forces were exploiting the legal process as a weapon against a political opponent. While it might be a longshot, it could raise questions about the DOJ’s integrity and lead to a dismissal of charges or at least weaken the prosecution’s case.

Of course, it is also possible that it would not have a substantial impact depending on the evidence the prosecution has gathered against Trump. If it is strong enough, then it is also possible that the prosecution could win a conviction even if it is clear that the DOJ was motivated by political concerns.