{"id":53306,"date":"2023-01-17T10:38:02","date_gmt":"2023-01-17T15:38:02","guid":{"rendered":"https:\/\/cablemanpro.com\/wallstreetpr\/biden-may-be-at-greater-risk-of-criminal-jeopardy-than-trump-in-documents-scandal-53306"},"modified":"2023-01-17T10:38:02","modified_gmt":"2023-01-17T15:38:02","slug":"biden-may-be-at-greater-risk-of-criminal-jeopardy-than-trump-in-documents-scandal","status":"publish","type":"post","link":"https:\/\/cablemanpro.com\/wallstreetpr\/biden-may-be-at-greater-risk-of-criminal-jeopardy-than-trump-in-documents-scandal-53306","title":{"rendered":"Biden may be at greater risk of criminal jeopardy than Trump in documents scandal"},"content":{"rendered":"
\n

With each new discovery of classified documents at Joe Biden\u2019s home<\/a> and office the case grows stronger that the president could well be charged with crimes. <\/p>\n

The principal law that Biden appears to have violated repeatedly is 18 USC 793 which makes it a crime to remove national defense (i.e., classified) material with the intent to retain it in an unauthorized location.\u00a0<\/p>\n

A private office, garage, and home are obviously unauthorized because they are not sufficiently secure from intrusion.\u00a0The nation\u2019s secrets are vulnerable to theft by foreign adversaries. Keeping his prized Corvette in the same garage with classified documnents is not a viable defense. <\/p>\n

WHAT WE KNOW SO FAR: TIMELINE OF BIDEN’S CLASSIFIED DOCUMENTS DEBACLE<\/strong><\/a><\/p>\n

In Biden\u2019s case, the increasing number of different locations where classified records were found is compelling circumstantial evidence that this was not simply a single instance where a record was “inadvertently” misplaced.\u00a0Instead, there are three locations<\/a> \u2013and counting.\u00a0This suggests that their placement was both knowing and intentional. The number of documents is not nearly as incriminating as the number of locations where they were kept without mandated safeguards. <\/p>\n

But intent is not the only legal standard. Under the law, lesser proof of\u00a0“gross negligence” is enough to merit criminal charges. Here, Biden has all but admitted such reckless or extremely careless actions by attributing the wayward documents to inadvertence.\u00a0Indeed, the word is the literal dictionary definition of carelessness. <\/p>\n

There is little question that Biden\u2019s mishandling of these national security materials was, at the very least, grossly negligent. Malign actors may well have gained access. The president\u2019s son, Hunter Biden, who is under criminal investigation for influence peddling schemes involving foreign entities, had routine and ready access. The elder Biden refused to maintain visitor logs at his home where he has spent much of his presidency, so there\u2019s no telling who else was within close proximity. <\/p>\n

Federal prosecutors have brought numerous cases against individuals who mishandled classified documents in much the same way that Biden did.\u00a0<\/p>\n

HUNTER BIDEN, CHINA, CLASSIFIED DOCUMENTS: MYSTERY SWIRLS AROUND PENN BIDEN CENTER<\/strong><\/a><\/p>\n

David Petraeus, who was director of the Central Intelligence Agency<\/a> (CIA) kept classified documents at his home.\u00a0He faced criminal charges and pleaded guilty. <\/p>\n

John Deutch, also CIA director, stored classified information in his residence.\u00a0While negotiating a plea agreement with prosecutors, he received a presidential pardon.\u00a0Others have been charged for far more minor violations. <\/p>\n

Equally disturbing is how Biden handled the matter. His use of lawyers to retrieve documents is baffling to the point of suspicion. It indicates he likely knew that classified records were kept in illegal places.\u00a0<\/p>\n

Moreover, some of his lawyers admittedly had no security clearance. This raises the possibility of additional crimes committed during the collection process.\u00a0Since the attorneys were acting at Biden\u2019s direction, he would be culpable if they viewed any of the classified information. Yet, he urged them to continue their search for more. <\/p>\n

Biden insists that he “takes classified material very seriously” and has been “transparent” throughout. This is demonstrably false. First, upon discovery of the initial batch of documents on November 2, 2022, he and his lawyers did not immediately alert either the FBI or the Department of Justice.\u00a0They notified the National Archives<\/a>.\u00a0Did the Biden team hope that the agency would overlook the criminal nature of what happened and sweep the affair under the rug? It was the archives \u2013not Biden\u2013 that informed the DOJ two days after the discovery. So much for taking it seriously. <\/p>\n

Second, Biden\u2019s actions are the antithesis of transparency. After publicly slamming Donald Trump as “irresponsible” for allegedly mishandling classified records, the president actively concealed his own scandal from the American public for more than two long months.\u00a0As voters were casting ballots in the midterm elections and his Attorney General Merrick Garland<\/a> was appointing a special counsel to investigate Trump, Biden remained mum. How convenient. He was forced to come clean only when CBS News broke the story on January 9, 2023. Had it not been for the aggressive reporting of the network, Biden\u2019s potential crimes might still be hidden.\u00a0<\/p>\n

JOY BEHAR SUGGESTS REPUBLICANS PLANTED DOCUMENTS ON BIDEN TO HELP TRUMP: ‘SOMEHOW THESE DOCUMENTS APPEAR’<\/strong><\/a><\/p>\n

If Biden\u2019s conduct is alarming, so is Garland\u2019s. The AG publicly announced the appointment of a special counsel for Trump\u00a0on November 18. By then, the attorney general had known of Biden\u2019s classified breach for two weeks but said nothing. A month later on December 20, the president\u2019s lawyers found even more classified records in his Delaware garage<\/a> and informed Garland who remained publicly silent. Biden\u2019s lawyers located the third and fourth sets of classified records just last week. <\/p>\n

Where was the FBI in all of this? The uncovering of vulnerable classified material constitutes various crime scenes.\u00a0Why weren\u2019t agents immediately dispatched to those venues to secure the premises and collect the evidence? This is their first duty. Their second duty is to scour all other possible Biden locations where more materials might be housed. It never happened. A full 73 days elapsed between the first and last discoveries. There was no sense of urgency in protecting top-secret documents that might put our nation\u2019s security at risk. Even Rep. Adam Schiff, D-Calif., admitted that Biden might have jeopardized national security. <\/p>\n

BIDEN CLASSIFIED DOCUMENTS STORY LIGHTS UP SOCIAL MEDIA: ‘WATCH HOW FAST THIS DISAPPEARS’<\/strong><\/a><\/p>\n

Unlike Trump, no subpoenas or warrants were issued. No grand jury was convened or raids ordered. To the contrary, a potential criminal defendant was allowed to have his compromised lawyers search for incriminating evidence against their own client. This absurdity turns justice on its head.\u00a0Their duty is to protect Biden, not gather evidence against him for the government\u2019s benefit. However, none of this seems to bother Garland in the least.\u00a0<\/p>\n

Biden\u2019s defenders, including some in the media, assert that the president\u2019s conduct pales in comparison to Trump\u2019s because there were more documents at Mar-a-Lago<\/a>. <\/p>\n

This is misleading for several reasons. Whether it is twenty (Biden) or more than a hundred (Trump), the legal issue at stake is classification status, not numbers. <\/p>\n

The former president<\/a> insists he declassified the records before he departed office.\u00a0The law affords him unfettered discretion to do so. Whether it occurred has not been litigated or otherwise determined. If the materials at his residence were no longer classified, then he has not run afoul of the aforementioned statutes. <\/p>\n

CLICK HERE TO GET THE OPINION NEWSLETTER<\/strong><\/a><\/p>\n

Biden as vice president did not have the same authority to declassify.\u00a0Some news outlets have reported that an executive order signed by then-president Barack Obama in December of 2009 conferred the same power to Biden.\u00a0However, the legality of that order is problematic because a president cannot unilaterally alter, modify, or expand an exclusive constitutional power.\u00a0Regardless, the matter is irrelevant since Biden is not claiming he declassified anything before leaving office. <\/p>\n

As I have written before, the Trump records<\/a> are a dispute over custody of papers that is governed by the Presidential Records Act of 1978. This controlling statute is civil, not criminal.\u00a0<\/p>\n

The proper remedy for Garland was to seek a return of the contested documents by filing a motion in civil court and allow an impartial judge to resolve the conflict. <\/p>\n

It is not obstruction of justice for Trump to assert his rights under the Presidential Records Act.\u00a0This is what Bill Clinton<\/a> did in a similar case a decade ago.\u00a0At the time, the Justice Department argued that a former president can keep whatever documents he wants and the government has no authority to seize them. <\/p>\n

Trump was following the same standard enunciated by the DOJ and endorsed by both the National Archives and a U.S. District Court in Washington, D.C<\/a>.<\/p>\n

For these reasons, Biden is at greater risk than Trump of criminal jeopardy. Garland would be guilty of selective prosecution if he decides to proceed against the latter while protecting the former. <\/p>\n

Our current president\u2019s classified scandal that was deliberately covered-up for more than two months renders any potential prosecution of his predecessor fatuous and futile.\u00a0<\/p>\n

CLICK HERE TO READ MORE FROM GREGG JARRETT<\/strong><\/a><\/p>\n<\/div>\n

Source – https:\/\/www.foxnews.com\/opinion\/biden-greater-risk-criminal-jeopardy-trump-documents-scandal <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

With each new discovery of classified documents at Joe Biden\u2019s home and office the case grows stronger that the president could well be charged with […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"rop_custom_images_group":[],"rop_custom_messages_group":[],"rop_publish_now":"initial","rop_publish_now_accounts":{"twitter_2902945987_2902945987":""},"rop_publish_now_history":[],"rop_publish_now_status":"pending","footnotes":""},"categories":[16563],"tags":[],"stock_ticker":[],"class_list":["post-53306","post","type-post","status-publish","format-standard","hentry","category-market-news","entry"],"acf":[],"yoast_head":"\nBiden may be at greater risk of criminal jeopardy than Trump in documents scandal - Wall Street PR<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cablemanpro.com\/wallstreetpr\/biden-may-be-at-greater-risk-of-criminal-jeopardy-than-trump-in-documents-scandal-53306\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Biden may be at greater risk of criminal jeopardy than Trump in documents scandal - 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