Prosecutors’ zeal shapes federal case against Trump, seen as ‘weaponizing the Justice Department’

suggests that if Mr. Trump had returned all the classified documents he took, he likely would not have been charged with a crime. The indictment doesn’t charge the former president with illegal retention of any of the documents he returned to the National Archives and Records Administration.

Critics of Mr. Trump seized on this to highlight the differences between the case against him and other high-profile politicians. He is accused of hiding the classified materials and misleading the government and his attorneys.Mr. Trump moved boxes out of a storage room, suggested that an attorney hide or destroy documents that had been subpoenaed, and caused another person to make false statements about whether all the documents were accounted for, according to the indictment.

In contrast, Mr. Biden and Mr. Pence worked to return the documents to the government once they discovered the materials in their possession.“When people make the silly comparison that Pence and Biden cooperated, I smile. Just because someone fails to cooperate, they should be charged with a crime?” he said. “That’s a meaningless comparison.”

Such comparisons overlook that Mr. Trump, as president, had the authority to declassify the documents. That power would not apply to Mr. Pence, Mrs.or even Mr. Biden, whose classified documents date back to his time in the U.S. Senate and as vice president in the Obama administration. Mr. Trump is the only one of the four whose home was raided by federal agents but also the only one who resisted a subpoena. Mr. Pence and Mr. Biden both consented to searches of their homes.’s actions in other investigations create the appearance of a double standard.

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