The original facts we know from discover “some classified documents from the time when President Joe Biden was vice president” collected by Biden’s lawyers while packing up his former office at the Penn Biden Center show little resemblance to the discovery of Discover and recover hundreds of classified documents once kept by former President Donald Trump at his personal residence in Mar-a-Lago. The immediate and transparent actions of Biden’s attorneys make the likelihood of any criminal activity very low.
Trump’s withdrawal of highly sensitive National Security-related documents – including those related to nuclear secrets – comes after more than a year of requests, negotiations, and subpoenas from the United States Congress. jury and meetings between Trump representatives, the National Archives and Records Administration, and the Department of Justice. which culminates in a criminal search warrant executed at Trump’s house.
That search warrant came only after the DOJ apparently became concerned about reports of possible obstruction of justice and lost confidence in the representations presented by Trump’s attorneys.
The DOJ’s distrust of Trump’s lawyers has only worsened since a search warrant was issued when it recently asked Trump’s lawyers to despised for not complying with the subpoena.
By contrast, Biden’s attorneys notified the National Archives on the same day the documents were found “in a locker” and the documents were recovered by the National Archives this morning. the next day. The swift action of Biden’s lawyers demonstrates transparency and disregard for political consequences as they discovered the documents on November 2 – just days away from the midterm elections. period. Crucially, the disclosure by Biden’s attorneys was entirely self-initiated — with no prior investigation from the National Archives — and as reported by CNN NARA “has considered this situation a mistake due to the lack of procedural safeguards for the documents.” That same month, NARA referred to the DOJ to look into the matter.
In response to NARA’s recommendation, Attorney General Merrick Garland appointed U.S. Attorney in Chicago – John Lausch, a Trump appointee – to oversee an investigation. Given that the discovery of the documents occurred in Pennsylvania, it would normally not be under the jurisdiction of Lausch of Chicago, Illinois. But Lausch is one of two Trump US Attorneys who have been detained at the Garland DOJ – the other is overseeing the criminal investigation of Hunter Biden – and as reported by New York TimesAG Garland appears to have sought to attribute the investigation to Trump’s adjournment because Garland thought it would make the investigation appear objective.
The facts that we know to date make it very unlikely that Lausch will find evidence of criminal conduct by Biden and/or his team due to the lack of any effort to conceal or obstruct, which is very important in finding any criminal intent.
Even the immediate political leanings of Republicans such as Representative Bryon Donalds and newly appointed Speaker of the House – Kevin McCarthy – focused exclusively on Biden’s use of key documents to protect Trump. In an interview on CNNDonalds clings to the idea that Trump as President has the power to declassify documents while Biden – then vice president – is not – completely oblivious to the fact that even now Now Trump’s lawyers have failed to locate any documents that Trump deems declassified.
One question now is whether AG Garland will choose to appoint a special counsel after the lawsuit. overall report received from Attorney Chicago Lausch.
In the unlikely event that Lausch finds no basis for a potential criminal charge, it may be hard for Garland to resist appointing a special counsel in the hope of avoiding political criticism over the investigative decision. and potentially prosecute Trump while refusing to do so with Biden. But evidence is what drives prosecution decisions, and Garland simply does it without regard for political consequences.