Claims of vindictive and selective prosecution are rarely successful, but have become increasingly common during the second Trump administration.
Voting technology company Smartmatic has joined Kilmar Abrego Garcia, James Comey, and Letitia James in alleging politically motivated prosecution following their indictments over the past year. The company became a focal point of false claims made by supporters of Donald Trump following the 2020 election, who alleged Smartmatic had rigged the election.
Smartmatic filed a motion to dismiss charges in Florida on Tuesday, arguing the timing of the prosecution is not coincidental. The company stated, “Instead, the only consequential changes in this case since 2024 were the President, his DOJ, and their well-documented crusade to unconstitutionally target their perceived political enemies, like Smartmatic.”
Smartmatic is seeking to dismiss the charges against its UK-based parent company, SGO Corporation Limited, and to investigate what it calls “improper involvement” by Trump and his allies in the decision to prosecute SGO. The company drew a parallel to the case of Kilmar Abrego Garcia, where a judge found a “realistic likelihood of vindictiveness” due to the timing of his indictment.
Frequently Asked Questions
What is Smartmatic alleging?
Smartmatic alleges that the timing of the charges against its parent company, SGO Corporation Limited, is not coincidental and is a result of a “crusade” by the President and the Department of Justice to target perceived political enemies.
Who else has made similar claims?
Kilmar Abrego Garcia, James Comey, and Letitia James have all made claims of vindictive prosecution in response to their indictments over the past year.
What was the basis for the claims against Smartmatic?
Smartmatic was the subject of false claims by supporters of Donald Trump following the 2020 election, who alleged the company had rigged the election.
As this case unfolds, will the courts weigh the timing of the charges and the political context surrounding them when considering Smartmatic’s motion to dismiss?
