Biden, Pence, and Classified Documents: An Analysis of the Investigation and Legalities
The infamous question about why former U.S. President Joe Biden was not prosecuted for keeping top-secret documents while serving under President Barack Obama as Vice President has sparked extensive debate and misinformation. To shed light on this matter, it is essential to understand the legal context, the process of investigation, and the actions taken by both Biden and Vice President Mike Pence.
Intent and Legal Provisions
Simply possessing classified documents is not a crime. The critical factor questioned in any legal investigation is the intent behind the actions. Both Biden and Pence immediately called the FBI and the National Archives upon discovering these documents, and they cooperated fully by allowing a thorough search of their private residences.
Contrastingly, then-President Donald Trump's actions were significantly more malicious. Instead of cooperating, Trump attempted to hide and mislead the investigators. This stark difference in actions and intent is a key reason why no charges were brought against Biden or Pence, but Trump faced criminal charges and potential prosecution for obstructing the truth and covering up the documents.
Notable Investigations and Findings
Brittany Brown, Assistant Professor of Law at the University of Baltimore, asserts that despite public inquiries, Joe Biden was indeed investigated. The investigation was conducted by Merrick Garland, who appointed Robert Hur to look into the matter. Hur ultimately found no evidence of wrongdoing, which led to the conclusion that no charges were warranted.
It is worth noting that presidential and vice-presidential staff members sometimes hold onto classified documents when they change offices. However, the unique circumstances of the Biden and Pence cases highlight the importance of prompt and thorough cooperation with law enforcement.
The Case of Vice President Mike Pence
Similarly, Mike Pence faced scrutiny after his transition. The investigation into his possession of classified documents also revealed no evidence of wrongdoing. Both Biden and Pence followed the same protocol: they contacted the FBI and National Archives, allowing a full search of their properties. This transparent cooperation minimized the likelihood of these cases becoming further investigations or legal actions.
In contrast, the actions of former President Donald Trump stand out. He not only attempted to obstruct the investigation but also tried to keep some classified documents even after they were discovered. This aggressive and uncooperative approach is what ultimately led to the Trump case being far more severe, culminating in charges for obstruction of justice.
Conclusion
While it is understandable to question the decisions made in investigations, it is crucial to understand the legal context and the intent behind actions. The Biden and Pence cases demonstrate their willingness to cooperate with investigators, which significantly influenced the outcome. In contrast, Trump's case involved more severe misconduct, leading to his criminal charges and potential legal consequences.
Despite the ongoing discussions and conspiracy theories, the facts remain clear. Biden and Pence did not face prosecution because there was no evidence of wrongdoing, and they cooperated fully with the investigation. This is not to excuse any potential mishandling of classified materials, but to clarify the facts and ensure proper context.