Trump vs. Biden - the Document Wars

Biden's document scandal is worse than Trumps. Let me define "worse" for the purpose of this discussion. Worse means President Biden's document handling should be viewed as a greater risk to national security and closer to a violation of the law than President Trump's. That said I think the Hilary Clinton precedent is such that neither should be prosecuted for their actions.

Let's start with where the documents were found. The documents in President Trump's possession were found at Trump's Mar-a-Lago home and in a Florida storage unit. The documents in President Biden's possession were found in locked garage, with his Corvette, at his Wilmington home, and in a locked closet at his former office at the University of Pennsylvania. Let's compare those.

President Trump's Mar-a-Lago home is secured by the United States Secret Service, along with any other private security measures that come with a secluded location like that. The Florida storage locker was managed by a federal agency.

The garage, and attached home, where some of the documents in President Biden's possession were found, may not have been owned by President Biden the entire time the documents were there. Records were found suggesting Hunter Biden owned the property until 2018 and still has that home as his address on his driver's license. The locked closet where other documents are stored are on the University of Pennsylvania's campus.

Which do you think are more secure locations for top secret classified documents with important national security secrets to be stored? Boxes in a locked garage and closet, or at a home protected by the Secret Service and a storage locker controlled by a federal agency?

President Trump had those documents in his possession for about a year and a half. President Biden had the documents for about six (6) years. It is reasonable to say the longer the documents are at risk, the more chance of someone seeing something they shouldn't.

The National Archives knew President Trump had the documents in his possession. President Trump claims he declassified the documents while President and his lawyers were negotiating with the National Archives on whether the documents should be returned. President Trump claims an FBI official visited Mar-a-Lago to see how the documents were stored and recommended security improvements, which President Trump claims were implemented.

The National Archives had no idea President Biden had top secret classified documents in his possession. There is no indication as to whether it was President Biden himself who decided the locked closet and garage were the right places to store those documents or if he asked the FBI for their opinion, or if he asked whoever carried the boxes to those locations for their opinion (the assumption being a 70-year-old former Vice President would not be lugging boxes around himself).

Based on what I have read, the standard in document mismanagement cases is either intent, as in intentionally mismanaged documents, or gross negligence. Based on the facts revealed so far, I question whether either President Trump or President Biden intended to put documents at risk, however of the two I believe President Biden comes closer to the gross negligence standard. He's been in government for over 50 years and should understand what classified documents are, yet he kept such documents for six years, failed to secure them properly during that time. I can't see a special prosecutor accusing President Trump of breaking the law without the other special prosecutor also saying President Biden broke the law.

Nevertheless, based on the outcome of the investigation into Hilary Clinton's having top secret classified information on her private servers, I don't see either President Trump or President Biden being charged. If the actions of Ms. Clinton, and her staff, don't rise to the level of criminal charges how can the actions of President Trump or Biden result in charges?

Note: The Special Prosecutor appointed to look into President Trump's document handling is being allowed to investigate other matters unrelated to the classified materials. If charges are filed they likely will be related to the unrelated issues.

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