Jack Smith says Biden classified docs case is "starkly different" from Trump's

• The filing was in response to Trump's arguments that he has been selectively targeted by prosecutors overseeing the case.

Driving the news: "The defendants have not identified anyone who has engaged in a remotely similar suite of willful and deceitful criminal conduct and not been prosecuted," assistant special counsel David Harbach wrote in the filing.

• "Nor could they."

Harbach added that Trump, "unlike Biden, is alleged to have engaged in extensive and repeated efforts to obstruct justice and thwart the return of documents bearing classification markings."

• "And the evidence concerning the two men's intent — whether they knowingly possessed and willfully retained such documents — is also starkly different."

The big picture: Trump pleaded not guilty last year to 40 criminal counts in the case, which includes the willful retention of national defense information and conspiracy to obstruct justice.

• Trump last week sought to dismiss the charges in the case, arguing at least in part that he is protected by presidential immunity.

State of play: Hur, in a sprawling report released earlier this month, did not recommend criminal charges over Biden's handling of classified documents, which were discovered in a private office and at Biden's garage at his home in Delaware.

Go deeper: Biden forms task force for handling of classified documents