It will be 'very difficult' to prosecute Trump for a crime in light of Biden's classified documents

 January 18, 2023

On Tuesday's episode of MSNBC's Morning Joe, MSNBC contributor Claire McCaskill spoke about the potential prosecution of former President Donald Trump.

According to a report by Breitbart News the MSNBC contributor said that it would be "very difficult" to prosecute former Trump for the classified documents found at Mar-a-Lago due to the discovery of similar documents at President Joe Biden's residence and workplace.

Co-host Mika Brzezinski said, “When it comes to these documents, politically, they cancel each other out, which happened before with another candidate, which we can talk about.

"But at the same time, there are huge differences here. And the difference is that Donald Trump took the documents and refused to give them back," McCaskill said.

The commentator said, “Those of us who understand that Donald Trump is a fraud and a liar are grasping tightly to those differences, and I get it.

DOJ could be hamstrung

McCaskill continued, "I get it that what Donald Trump did is totally different than what Joe Biden did. But as a prosecutor, I will tell you, we need to have a sober moment because when a jury is trying to figure out whether someone should be held criminally responsible, that’s going to be in their head. Let’s not kid ourselves here.

The former president was in the news heavily in the summer of last year when the FBI raided his Florida home, looking for documents that should have been left when he ended his tenure at the White House.

According to McCaskill, however, the records at Mar-a-Lago prior to this were the simplest case for the special counsel prosecutor to present against Donald Trump.

"Now it is no longer as easy. It is probably very difficult because the whataboutism is going to be rampant in that jury room," McCaskill added. "I think it’s important for us to recognize it may not be fair, it may not be right, but that’s the reality of where we are.”

She added, “I think we all need to be really cold-eyed about this and realize this is not good news for holding Donald Trump criminally liable for all of his misdeeds, including the documents at Mar-a-Lago.”

Biden had documents at home

Current President Joe Biden was in the news much more recently for classified document storage at his Delaware home.

According to NPR, following the discovery of sensitive records by his attorneys at his Delaware home and D.C. office, resident Biden is the subject of a Department of Justice investigation.

They were discovered numerous times, with a White House attorney revealing on Saturday that five further pages had been discovered at Biden's residence. Robert Hur, a former Justice Department employee, was chosen on Thursday by Attorney General Merrick Garland to oversee the DOJ investigation.

"This appointment underscores for the public the department's commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law," Garland said Thursday.

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