Why Biden Cooperated with the FBI in His Classified-Info Case

It’s not because he is a well-meaning, law-abiding person.

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President Joe Biden looks on as he meets with congressional leaders in the Oval Office at the White House in Washington, D.C., February 27, 2024.

Leah Millis/Reuters

I did a post Tuesday evening on the ill-conceived argument, posited by Biden Justice Department special prosecutors to rationalize the blatantly different treatment they’ve given to the very similar classified-information offenses of President Biden and former president Trump: Biden, they stress, cooperated with FBI investigators in returning classified documents to the government, while Trump obstructed the investigators.

It cannot be gainsaid that Biden cooperated and Trump obstructed. As I’ve countered, however, that would be a sensible rationale for charging Trump with obstruction, but not charging Biden with obstruction — which is what has happened. In no competent, conscientious prosecutor’s office would it be a rationale for not recommending the indictment of Biden on multiple counts of Espionage Act felonies after the same prosecutor’s office has charged Trump with dozens of Espionage Act felonies. And remember, the latter happened only after the Biden Justice Department’s mirror image, the Obama-Biden Justice Department, gave a complete pass to Hillary Clinton who, like Trump, obstructed an investigation.

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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