DOJ’s Pence Decision Lays Groundwork for Excusing Biden While Prosecuting Trump

All three men have violated the letter of the law, but only one of them is in danger of indictment.

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(left to right) President Biden, Former President Trump, and Former Vice President Pence

Bonnie Cash, Carlos Barria & Eduardo Munoz/Reuters

Heading into the weekend, the Biden Justice Department quietly advised attorneys for former vice president Mike Pence that the investigation of his criminally negligent mishandling of classified information has been closed without charges. The decision and its rationale lay the groundwork for prosecutors similarly to close without charges the investigation of President Biden himself for his criminally negligent mishandling of classified information.

In stark contrast, the Biden Justice Department appears primed to prosecute former President Donald Trump for criminally mishandling classified information. The disparate treatment will be explained away by framing Trump’s misconduct as an obstruction, rather than a document-retention case. It will also be prosecuted by a special counsel, Jack Smith, whom the Biden administration and its media allies will pretend is independent of the Justice Department — even though Smith reports to Biden attorney general Merrick Garland, and exercises executive power as a delegate of Biden himself.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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