Fox News legal analyst Gregg Jarrett explained Wednesday why Joe Biden’s retention of documents is completely different from President Trump’s under the the Federal Records Act. Under that act, Presidents have the right to retain documents and every president in modern history have done it, but the problem for Biden is that he kept documents as a Senator and vic3e president that are not allowed. But, the DOJ and the corrupt Merrick Garland have decided long ago that he would not be charged with any crimes.
So, Joe Biden, who had no authority to keep documents will not be charged with a crime, but President Trump, who did have a right to keep documents is being charged with over thirty crimes. What is wrong with this picture? I guess Biden used his Democratic privilege to stay out of prison. Biden as a Democrat is immune from prosecution even if he can’t remember he is a Democrat.
“I would say credit is deserving of the whistleblowers. I mean they’re the ones who told us that the DOJ has been running a protection racket for Joe Biden for years. Remember, investigators were banned from asking about Joe’s involvement in his son’s influence peddling schemes despite evidence of complicity.”
“So Sean, did anybody really expect that Joe’s document scandal would be treated any differently? I think the fix was in from the beginning – Trump gets charged. Biden doesn’t. Even though, and this is important, Joe has no defense under the Federal Records Act, Trump does, because some of the records came from Biden’s time as a senator not President. And under the records act a former president can have custody and control over such documents, not a senator.”
“Indeed, that was the opinion of the Department of Justice for two long decades. They argued in the famous Bill Clinton case that a former president can keep whatever he wants including classified documents – a federal judge agreed. Suddenly, Trump comes along and the DOJ throws that policy out the window. They indict Trump on top of it they charge him with obstruction for doing exactly what Bill Clinton did. Clinton resisted.”
“The proper legal remedy here was from Merrick Garland to file a civil action not criminal, which is under the act, and it is the governing authority. That is how the Clinton case was handled. Let a judge decide who gets what. Instead they criminalized it because it’s Donald Trump. Another example of how the DOJ has a two-tiered system of justice.”
Jarrett pointed out a similar case argued by former President Bill Clinton, which had involved a conservative activist group, Judicial Watch, suing the National Archives and Record Administration to obtain audio recordings of interviews between Clinton and historian Taylor Branch. Jarrett emphasized on the supposed double standard the DOJ has taken between Trump and Biden, calling the system “two-tiered.”
Between November 2022 and January 2023, authorities have conducted three searches at Biden’s Delaware home and his offices at the University of Pennsylvania’s Penn Biden Center. The discovery found the president had kept classified documents in both locations during his time from serving as a senator and vice president.
The classified documents had been kept long after he was out of office, including before his presidential election in 2020. As Biden received bipartisan backlash, federal investigators had similarly found classified documents that had been stored within Trump’s Mar-a-Lago residences.