January 20, 2023

YOU HAVE TO TRY TO BE A CRIMINAL:

Yes, Trump and Biden Both Broke the Rules. Here's Why It's Not the Same. (Garrett M. Graff|Jan. 19th, 2023, NY Times)

[E]xamination of both the presidency and historical prosecutions for mishandling classified records actually makes the opposite case: Mr. Biden's mishandling of a limited number of classified files, which upon discovery were promptly turned over to the National Archives and proper authorities, should make the reasoning, and necessity, of prosecuting Mr. Trump all the more clear.

Mr. Biden's handling of the issue -- especially given the more detailed timeline recently released by his team -- shows how an official who finds misfiled or improperly stored classified files should react. Mr. Biden's behavior stands in sharp contrast to that of Mr. Trump, who spent months fighting with the National Archives over the files and repeatedly assured the Justice Department that he had turned over all files, even when he was still -- apparently knowingly -- holding onto scores of classified files. He failed to comply with a legal subpoena, and only then did the F.B.I. move to search his Mar-a-Lago residence.

Mr. Biden's scandal so far feels more like an administrative error; there's no evidence he even knew the documents were misplaced or in his possession, and when discovered they were promptly and properly returned to authorities. The government didn't know they were missing (which itself is a bit of a mystery, since classified documents are usually tightly controlled, which is how the National Archives knew Mr. Trump had missing documents in the first place), and Mr. Biden didn't try to hold onto them in the face of a legal process ordering otherwise.

In a tweet, the former Missouri Senate candidate Jason Kander compared Mr. Biden to a shopper who "realized he mistakenly failed to pay for an item in his cart" when he left a store and an alarm went off. Mr. Biden, the analogy goes, went back in and returned the items. By contrast, Mr. Trump apparently stuffed items in his pockets, and when the store alarm sounded "he ran to his car and peeled out."

You could add to the Trump part of the analogy that he led the police on a low-speed pursuit, and then insisted the stolen items were his all along.

Posted by at January 20, 2023 12:00 AM

  

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