The Tale of Two Cases
Recent events have brought to light two situations involving the discovery of classified documents in the possession of the highest ranking government officials in The United States of America. The President of the United States, a former Vice President & Senator, and a former President, a business mogul, loved by many, until he ran for President. Begging the question, is either POTUS to be charged? Unlikely, and here’s why!
President Donald J. Trump had a warrant issued by the FBI to search his Mar-a-Lago home, classified documents were found. He was not home at the time of the raid. The second involves the discovery of classified documents on the property of the current President of the United States, Joe Biden, a former Vice President and US Senator. Both of these cases raise serious legal and national security concerns.
President Donald J. Trump
Did President Donald J. Trump know the classified documents were in his possession? That’s the question! It is possible that President Trump was not aware, they could have been brought to his home by one of his (current or former) staff members, possibly even as a set up. The FBI issuing a warrant indicates that an investigation is underway, and the purpose of the investigation is to determine if President Trump knew about and intended to commit a crime. Did President Trump know he was in possession of classified documents, or was he setup?
President Joseph R. Biden
Then there is President Joe Biden. Did Biden know he had classified documents? It’s impossible to know whether Biden knew, sometimes Joe still thinks he’s a Senator. Jokes aside, and given there’s been more than two dozen classified documents found at more than one of Biden’s property’s. It would seem fair to say that Biden knew he was in possession of these documents. Whether or not it was an innocent mistake made by one of his staff members, only Joe Biden would know. The questions becomes, could he too have been setup?
Consequences and Considerations
In both situations, the handling and possession of classified documents by President Trump and by President Biden could have serious consequences, if the DOJ decided to press charges on either of them. That decision by the DOJ would be really stupid of them to pursue. Not only would they risk declassification (possible threat to national security to let that happen).
Let us not forget, former Secretary of State Hillary Clinton intentionally deleted her emails to eliminate evidence of her crime. President Trump was raided with a warrant and no notice and spoke about it immediately upon hearing it had happened. In contrast, Biden was treated with respect by the DOJ. This is because one of his attorneys found documents, which the White House Counsel’s office then turned over. As a result, the DOJ sought consent from Biden to search his other properties.
At the end of the day, and no matter which side of the aisle you sit, neither President is looking at charges. The DOJ decided former Secretary of State was too high-profile to prosecute, and her crimes were just as egregious. Both the unauthorized possession of classified documents and the use of a private email server for government communications are considered serious offenses, and both violate federal laws and regulations. Therefore and in conclusion, it is unlikely that either President will be charged with a crime.
Laws Discussed:
- Espionage Act, 18 U.S.C. § 793, makes it a crime to possess national defense information that has been obtained by unauthorized means, with the intent to retain or convey it to someone not authorized to receive it.
- The Federal Records Act (FRA) and the Presidential Records Act (PRA) require government officials to create and preserve records of official activities, and the use of a private email server could make it difficult to comply with these regulations.
Related Article: Mainstream Quiet on Biden’s Crime
SOURCES (in no particular order):
- https://www.washingtonpost.com/national-security/2023/01/10/biden-classified-records-surprised/
- https://www.cnn.com/2022/02/08/politics/trump-documents-election-rnc-what-matters/index.html
- https://www.cnbc.com/2023/01/21/search-of-bidens-home-by-doj-finds-6-more-classified-documents.html
Portrait of President Donald J. Trump Credit:
Official portrait of President Donald J. Trump, Friday, October 6, 2017. (Official White House photo by Shealah Craighead)
Portrait of President Joseph R. Biden Credit:
President Joe Biden poses for his official portrait Wednesday, March 3, 2021, in the Library of the White House. (Official White House Photo by Adam Schultz)
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