Ex-Trump lawyer suggests DOJ may not charge former president for classified documents.

Former President Donald Trump may not face charges over his handling of classified documents, according to one of his former attorneys.

During a June 4 interview on NBC News’ “Meet the Press,” Timothy Parlatore said he would be “not at all” surprised if special counsel Jack Smith were to decline to prosecute the case.

“You have to evaluate every case based on what are the facts and the law and is it something that’s provable,” Parlatore said.

“From a discretion point of view, is this something where a prosecution makes sense? Is it something where it is a slam-dunk case, where some of these things could be interpreted a few different ways?” he said. “And also, when it comes to a specific issue like this where we are talking about potentially national defense information, is it the type of thing where they want to declassify these things, if they haven’t already been declassified, and put them out publicly?”

The attorney added that such considerations had also informed his opinion that the Justice Department made the right call in 2016 in declining to prosecute former Secretary of State Hillary Clinton in connection with her use of a private server for transmitting classified information.

“Classification is not binding on the jury,” he noted. “You have to actually take these documents, show them to the jury, and then prove to them that it constitutes national defense information.”

Parlatore represented Trump in the legal case before leaving the former president’s legal team in May over disagreements with other members of the team. His comments followed the Department of Justice’s (DOJ) recent closure of its investigation into former Vice President Mike Pence over the handling of classified documents.

Allegations of Bias

Smith was appointed in November to lead the DOJ’s investigations into whether Trump mishandled classified documents and whether he or others interfered in the peaceful transfer of power after the 2020 election.

Smith’s appointment followed the 45th president’s launch of his third presidential campaign. It also came amid increasing allegations of political bias at the DOJ following the FBI’s controversial raid of Trump’s home in August.

In announcing Smith’s new role, Attorney General Merrick Garland said: “Such an appointment underscores the Department’s commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously and to make decisions indisputably guided only by the facts and the law.”

Likewise, Smith pledged to conduct the investigations “independently and in the best traditions of the Department of Justice.”

Despite those assurances, Trump has maintained that the special counsel is spearheading a politically motivated “witch hunt” aimed at keeping him out of office.

“Reports are the Marxist Special Prosecutor, DOJ, &