Classified documents found in Biden’s old office and garage, and other office, and residence

The VP had classified documents in the White House???

 

Whether you're willing to admit it or not, prosecution for mishandling classified documents under the Espionage Act requires intent. Before prosecuting persons who have mishandled classified documents using other statutes the DOJ requires aggravating factors. In the case of Biden there was neither the intent nor the aggravating factors, not so with Trump. With a minor correction, I would agree that it's nice to have friends at the DOJ who believe in following the law and by the way to avoid the appearance of favoritism, Biden is being investigated by a Special Counsel who had been appointed to the position of US Attorney for Maryland by Trump.
FYI

Who is Robert Hur, the special counsel tapped to oversee the Biden documents investigation?

 

On the other hand there is this (waiting for a rating of "off-topic").
Trump revealed intelligence secrets to Russians in Oval Office: officials
One question, what is a more serious violation, holding a folder that may contain a classified document in the White House prior to a meeting with the Israeli Prime Minister or revealing classified information to the Russians?

 

It looks like the DOJ is reading intent into a strict liability crime (EDIT: this is incorrect, it requires a gross negligence standard), just like they did with Hillary.

 

Prosecution under the Espionage Act requires intent. It's not a strict liability crime.
https://thehill.com/policy/national-security/3601538-what-is-the-espionage-act/
While other statutes regarding the mishandling of classified documents can be construed as establishing strict liability in reality the DOJ virtually never prosecutes unless there are "aggravating factors". I have included links with detailed explanations of aggravating factors in previous posts and they are applicable to Trump not so with Biden. In case you didn't read the first time, click on the link below. It describes the criteria for prosecution used by the DOJ in cases involving the mishandling of classified information in language even a caveman can understand.
In the case of the classified documents, it’s more serious for Trump than Biden

 

agreed, but the exposure risk is substantially different.

 

he is being accused of refusing to return the documents, lying about what he had, and failing to properly secure the documents after requested to do so. Did JB do any of those things?

 

It is not a strict liability crime, but it requires a gross negligence standard. Biden met that standard.

I should not have said strict liability.

What Is the Espionage Act and How Has It Been Used?

 

Not exactly true. All docs are tracked regardless of classification level all the way down to "CUI" (Controlled Unclassified Information). It depends more on the program involved and the ISSO of that program.

Doesn't matter depending on the classification (and I cannot see how the cover is marked in the photo to know for 100% sure as his hands obscure it). If those docs are classified to a level requiring them to only be in hardcopy within a SCIF, then they should have either not been removed from the closed area or been properly wrapped and labeled for allowable transport when checked out. It's still considered a data spill.

 

i think we need to call oliver stone to investigate. me thinks this is a well thought out plan by kamala and the DNC to embarrass pinnochio joe so he will not run in 2024, as if he needed help in looking like a fool.

 

How do you know what his intent was 6 years ago when he took the documents? You are willing to take him and his lawyers word that they didn't know about these and as soon as they found them they turned them over. Perhaps they were done with them now so that is why they turned them over.

 

There's an applicable phrase regarding intent when it's a necessary element in criminal prosecutions, the phrase is "intent can be inferred from the circumstances". You think Biden took the documents because he was planning on giving them to a US adversary? Just asking. Not making the accusation but that would seem much more likely with the former president now residing at Mar-a-Lago than with Biden. Maybe it will turn out that I am completely off-base but I'm willing to wager that when Robert Hur, the former Trump-appointed US Attorney and Special Counsel investigating Biden issues his report he will not find that prosecution of Old Joe is warranted.

 

PolitiFact - Trump is wrong; Biden did have the right to declassify records as VP

 

Maybe Biden should claim that he retroactively declassified the documents with his mind.

 

Biden has a mind of his own, who knew.

 

You have no idea if he met any criminal standard. Right now, the official story is that these ended up in his locations due to hasty packing of the VP residence.

Now that may be BS, but if it's not it's more on whatever staff was helping to rush him out of the VP's house at the end of Obama's term.

 

For the record, secret, confidential and SCI are all different classifications. His only chance of getting in real trouble is if any of them are SCI which are only to be viewed in a SCIF. The other types don't have this security limitation.

 

Yes, I'm sure he had no idea (or reason to know) that these documents were at 3 separate locations over the last six years.

I'm sure it was the Rooskies who planted them.

 

ah, so the movers are going to fall on the sword for pinnochio joe, good for them.

 

Right. Because if he had known, they would have been returned.