Biden documents undermine prosecution of Trump
Conn Carroll
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The most suspicious part of Monday’s reports that classified documents from his time as vice president were found at President Joe Biden’s think tank is the timing. Apparently, personal attorneys of the president found the documents on Nov. 2, just days before the midterm elections, before immediately turning them over to the National Archives.
If the National Archives had been notified that a Republican president had mishandled classified documents days before a midterm election, it absolutely would have been reported immediately, not leaked out months later.
UNSEAL THE MAR-A-LAGO AFFIDAVIT
That said, there are some major differences between the mishandled Biden documents and the case a special prosecutor is currently investigating into former President Donald Trump.
Trump and his attorneys had been informed by the National Archives that they were in possession of classified materials they were obligated to turn over and then chose not to. The National Archives then went to the Department of Justice and asked for its help in securing the documents. The DOJ then sent letters to Trump’s lawyers demanding more documents be turned over, which Trump refused.
Finally, in August, after months of investigation into the storage of documents at Mar-a-Lago, the FBI raided the facility.
Is it likely, or probable, that Trump mishandled classified materials in violation of federal law? Absolutely. Even if Trump meant to declassify everything he took, it is highly likely that he ignored proper procedures for doing so.
But there is also a wide bipartisan consensus that our intelligence agencies classify too much material. Are the materials Trump unlawfully possessed really a threat to national security? The severity of the threat posed by the documents taken should absolutely be a critical factor in determining if Trump should be prosecuted.
And politics should not be ignored, either. Trump is at his political strongest when he is being attacked by the federal government. The FBI raid on Mar-a-Lago was a huge boon to Trump’s standing among Republicans.
If Biden wants to elevate Trump in an effort to make him the nominee, then prosecuting him would be a beneficial move.
That Trump can now say, “Ha! You did it too!” would only make the political win for Trump from an investigation even bigger.
If Trump’s mishandling of classified documents truly endangered national security, then, by all means, prosecute. But if these are just minor infractions of an overbroad law, the DOJ should treat the Biden and Trump incidents the same.
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