This is the real question we should be asking about the Biden and Trump classified document cases
This is the real question we should be asking about the Biden and Trump classified document cases
Can anyone tell us why Trump still has not been charged?
The real issue is not whether the actions of Donald Trump and President Biden are in any way the same when it comes to recent reporting about ten classified documents being discovered by Biden’s lawyers at his former offices. (They are not even close as I will detail below!)
The question that should be loudly and repeatedly asked is this: Why has Trump not been charged yet for his obvious crimes in connection with the classified—and other presidential documents—he intentionally withheld in violation of federal law?! There is at the very least a straightforward and obvious case of obstruction of justice in violation of federal law. In fact, in October, there were media reports that DOJ prosecutors believed they could make a case for that crime against Trump—but still nothing!
This question needs to be asked even louder now that Attorney General Merrick Garland has appointed a special counsel to investigate President Biden. When it came to Trump, it took Garland 19 months to appoint a Special counsel to investigate Trump in connection with Jan 6 crimes. (Garland was sworn in March 2021 and appointed SC in Nov 2022.) When it comes to Pres Biden, Garland remarkably appointed a Special Counsel in literally a matter of weeks.
First, lets’ address why what Trump did was a crime and why what Biden did was not—based on the facts we know today. What I find very instructive was the statement by then FBI director James Comey in July 2016 when he announced there would be no criminal charges versus Hillary Clinton.
At the outset, while we all know the GOP uses “what aboutisms” to defend horrible conduct by Republicans, the DOJ expressly will look at how similarly situated people were treated by them—especially when political figures are involved. The reason being the DOJ does not want to appear to be treating politicians of one party different than the other.
That is why Comey stated in that press conference: “Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent.” Comey ten added what is in essence “whatboutism” when he stated: “Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.”
From there, Comey laid out what the factors were when the DOJ did criminally prosecute a person in connection with classified documents. Here is the key portion of that statement that we all need to focus on:
“All the cases prosecuted involved some combination of clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.”
Comey—who is a wordsmith—is telling us: “All the cases prosecuted involved some combination,” meaning that there has to be at least two of these factors present in order for DOJ to charge a person. (If it was only one of the four factors, Comey would have not used the word “combination.”)
In the case of Biden, of the four factors Comey articulated, ZERO are present. In the case of Trump, three factors of the four are obvious.
Factor #1: “Clearly intentional and willful mishandling of classified information.”
--President Biden stated on Tuesday he had no prior knowledge that those documents were in his office, explaining: “I was surprised to learn there were any government records that were taken there to that office.” As Biden noted, these documents were found in a locked closet by his lawyers when cleaning out, from there, "They immediately called the Archives, immediately called the Archives, turned them over to the Archives.” Thus, there’s not even a hint of intentional mishandling of the documents by Biden.
--Donald Trump: Numerous boxes containing hundreds of classified documents were brought to Mar-a-Lago. While we don’t know if Trump personally directed those documents be brought to his home, we do know from reporting that Trump PERSONALLY told an employee to move boxes out of a basement storage room to his residence at Mar-a-Lago after Trump’s legal team received a subpoena for any classified documents at the Florida estate. The classified documents found by FBI were all over Mar-a-Lago, including his bedroom and personal office—again suggesting intentional misconduct.
Factor 2: “Vast quantities of materials exposed in such a way as to support an inference of intentional misconduct.”
--Pres Biden: A total of 10 documents with classification markings were found in Biden’s private academic office and they were dated between 2013 and 2016. All the documents per the reporting was stored in a locked closet that Biden stated on Tuesday was in a “secured” office. Thus, no vast amount of materials to support any inference of intentional wrongdoing.
--Donald Trump: Hundreds and hundreds of the most highly classified documents were found at Mar-a-Lago in various rooms including in his bedroom. The affidavit justifying the FBI raid of Mar-a-Lago last August detailed that Trump was holding 184 documents marked as classified at the Palm Beach resort, 25 of which were marked "top secret." Following the August FBI search, over 300 documents with differing levels of classifications were found at Trump's residence.
In fact, after a DOJ official went to Mar-a-Lago in June 2022 to pick up what was told them to be the remaining classified documents, the DOJ officials asked Trump’s lawyers to put a lock on the room where the remaining documents were being stored because they were unsecured. Thus, Trump had “vast quantiles” of materials that were not properly secured.
Factor 3: “Efforts to obstruct justice.”
This is the one that makes me, and others scream about why has Trump not yet been charged for obstruction of justice?!!
--Pres Biden: When documents discovered by Biden’s lawyers, they were “immediately” transmitted to the National Archives. Thus, no effort to obstruct—only cooperate.
--Donald Trump: I encourage you to look at this painfully long timeline that the Associated Press put together to see how Trump refused from May 2021 to the August 2022 search warrant to comply with the National Archives and even a DOJ subpoena to return classified and other presidential records.
All of this began in May 2021, when the National Archives requested from Trump a return of presidential records they found were missing. After 8 months of delays by Trump, on January 18, 2022, the Archives finally received 15 boxes of documents from Trump. Alarmingly, 14 of those boxes contained classified documents as follows: 184 documents with classified markings, including 67 marked confidential, 92 secret and 25 top secret. This raised red flags to the point that DOJ was referred the matter.
On April 29, the Justice Department sent a letter to Trump’s lawyers seeking immediate access to the material they believed was still at Mar-a-Lago, “citing “important national security interest.” But Trump lawyers refused, instead asking for an extension.
Consequently, on May 11, a subpoena was served on Trump for the documents.
On June 3, three FBI agents and a DOJ attorney went to Mar-a-Lago to collect additional material offered by a Trump attorney Trump’s lawyers. At the time, Trump’s lawyer provided a DOJ official with one folder containing classified documents and a certification that no other classified documents were on the premises. That was a lie.
After the DOJ obtained surveillance footage and testimony that Trump personally directed boxes containing classified documents to be moved from the storage area to his residence, that is when in August 5, DOJ obtained a search warrant.
On Aug 8, the FBI executed the search at Mar-a-Lago, seizing 36 items of evidence, including boxes and containers holding more than 100 classified records. They found classified documents both in the storage room as well as Trump’s office — including three classified documents found not in boxes, but in office desks.
Forget the classified documents crimes for a moment. It’s undisputed that Trump refused to comply with the request to return presidential records—including classified documents—from May 2021 until the FBI search warrant was executed 14 months later on Aug 8, 2022. Even the DOJ’s own affidavits in support of the search allege the crime of obstruction of justice was committed—among other federal crimes.
Again, the question is not if the Biden and Trump’s document cases are similar. They are not even in the same galaxy. What Biden did was not a crime, what Trump did was a felony—in fact various.
The only question is: Why has Donald Trump not been charged yet?!
He has some in his pocket. They are all nuts. He should have been behind bars for innumerable reasons - abuse, rape, sedition, colluding with enemies, non adherence to The Constitution, attempts to “fix” the results of elections, non performance of job duties, lying to the American public, and more. He is an aberration and never should have been elected, because he is not qualified to run the government of these United States. He is an embarrassment to us and managed to jeopardize our long term relationships with many other countries. He insulted The Queen, The Pope, and many others. He has the social mentality of a toddler, and were it not for those who covered for him, we would be in wired trouble.
Garland doesn’t seem to care that the stolen documents have undoubtedly been distributed to extremist, fascist dictators around the world. He’s been a judge the last 24 years. He doesn’t seem to see a need to respond with any urgency. I feel he is Biden’ worse appointment by far.