Let's Be Honest...

THis goes too far, still.

For one, we don't have evidence that Biden ACCESSED the docs after they were stored. We have that with Trump.

And we still suspect there are outstanding docs in Trump's possession, or worse. https://t.co/sD3hIegXH3

— emptywheel (@emptywheel) January 12, 2023

The stories are similar only because they both involve classified documents, and Trump was POTUS and Biden was VPOTUS. Beyond that, there's no similiarities at all.

It is interesting how many replies to Cheney's tweet point this out.

The media loves stories; and they love to tell the story everybody else is telling.  So the story is if two reports have one or two elements in common, then there are "underlying questions" that are similar.  Except that's lazy, sloppy thinking masquerading as keen analysis.

One underlying question could be:  what is "Classified," and why?  Another is: what's the difference between a former official who had access to these documents finding them in his possession and returning them to the proper authories ASAP, v. another former official who KNOWS he has the documents and does everything he can, including going to the Supreme Court, to keep them or retrieve them?

2) At least two of the docs Trump took had been compiled into a doc--stored in a desk drawer--with documents that post-date Trump's departure from the White House.

— emptywheel (@emptywheel) January 12, 2023

We have other evidence Trump knew what he had, and wanted to keep it.  We have no evidence so far Biden acted in any way except negligently.  Intent is an element of any potential crime here.

I'm sure there'll be an investigation of Biden having documents in his possession. There should be. I'm also sure that investigation will result in no criminal charges. We don't want to weaponize the justice system, after all.

"Fire a man who may very well turn out to be a criminal, Jack Smith," Trump said. "His conflicts, unfairness, and mental state of derangement make him totally unfit for the job of 'getting Trump.' Go after Biden and the Biden Crime Family instead. Like Bill Barr, the U.S. Attorneys in Delaware and Illinois are weak, ineffective, and afraid to do what must be done. The Election was RIGGED, and we are now losing our Country. We can’t let that happen. MAKE AMERICA GREAT AGAIN!"

One of Trump's recent "truths." I add it only to point out Trump doesn't want to "deweaponize" the justice system. He just wants it to point at his enemies, rather than at him.  The possibility that Biden committed a crime in possessing documents needs to be investigated fully.  So does the possibility that Trump committed a crime.  But the facts and outcome of those investigations is the story; not any "underlying questions" nonsense that may be used to "both sides" the stories.

And on the report Garland may appoint a special prosecutor to the Biden investigation:

I think this is right.

A Special Counsel, if one is appointed, shuts down GOP interference in this, lets Smith continue what he's doing. https://t.co/fii4iFyNZE

— emptywheel (@emptywheel) January 12, 2023

But we really need to talk about the fact that the Special Counsel system is totally broken, and that the fact we keep needing them is also totally broken, (though I think having one in Hillary's case might have led to her winning Presidency).

— emptywheel (@emptywheel) January 12, 2023

What she said.