THEY BOTH DID IT: WAITING FOR A NEW REPORT ON JOE BIDEN’S CLASSIFIED DOCUMENTS PROBLEM. Late Wednesday came word that Robert Hur, the special counsel chosen by the Biden Justice Department to investigate President Joe Biden’s alleged mishandling of classified documents, has finished his investigation. As required, Hur has given a report to Attorney General Merrick Garland, who said he is “committed to making as much of the special counsel’s report public as possible.” How much will that be? Here’s hoping that means all of it.
The Biden White House is said to be worried that Hur will include photos of classified documents in clearly unsecured places where Biden lived or worked. For example, we know that Biden kept some classified documents in the garage, near his beloved vintage Corvette, at his home in Wilmington, Delaware. When asked about it last year, an obviously peeved Biden said, “My Corvette is in a locked garage. It’s not like it’s sitting out in the street.” It sounded as if the president thought that was sufficient protection for the nation’s secrets; if it’s good enough for my Corvette, it’s good enough for classified material.
Biden is worried about photos, of course, because everyone knows how much attention photos of allegedly classified documents at Mar-a-Lago received when the Biden Justice Department-appointed special counsel, Jack Smith, released them in the 42-count indictment of former President Donald Trump. One particular photo, of documents spread out on a carpet, seemed to be everywhere. Of course, a Biden revelation, even if there are photos, will not receive as much wall-to-wall coverage, because it just won’t.
The big news is that it appears Hur has decided not to charge Biden with any crime related to the documents. Three points about that. One, maybe Biden did nothing illegal. Two, Hur’s decision is no surprise because it has long been the policy of the Justice Department that a sitting president cannot be indicted. And three, if the Trump experience has shown anything, it is that a former president can be indicted for actions that took place before, during, or after his presidency, so perhaps that is in Biden’s future.
Biden’s defenders, in the White House and the media, have long argued that Biden’s case is different from Trump’s because Trump is charged with conspiracy to obstruct the FBI investigation into his documents. Indeed, several counts charge Trump with variations of the crime of “scheme to conceal,” that is, plotting to withhold documents and information from investigators.
But here’s one big, fundamental similarity. At the most basic level, if you believe the allegations, both Biden and Trump mishandled classified documents. That is the underlying offense in both cases. Trump defenders will look at the Hur report on Biden and say: Look, they both did it. Why is Trump the guy on trial?
Indeed, counts 1 through 32 of the Trump indictment charge Trump not with obstruction but with “willful retention of national defense information.” Soon we’ll see the circumstances of Biden’s retention of classified information. Did it relate to national defense? Did he do it knowingly? We’re waiting for the report.
In any event, the simple fact that both presidents appear to have mishandled classified documents will, for all but the most dedicated Trump opponents, tend to diminish the severity of the case against Trump. Democrats will find themselves minimizing the crime of retaining classified documents while emphasizing the obstruction case against Trump. In response, Republicans will repeat, over and over: They both did it.
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