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The Biden DOJ is prosecuting Trump criminally for the retention and mishandling of classified documents. This was the reason for the FBI raid on Trump’s Mar-a-Lago residence in 2022. The DOJ says that Trump held onto classified documents after he left the White, and then obstructed government attempts to retrieve them.

Trump says that he was allowed to declassify and retain the documents before leaving office pursuant to broad presidential authority granted him by the U.S. Constitution, and the executive orders of past administrations. He also says that prior to the raid on his home, he had been working with the feds to return certain documents the government needed under the Presidential Records Act (PRA). The Act does not carry criminal penalties.

The feds reject Trump’s claims and say the documents he was holding contain military secrets that have national security implications. But the feds will not say what those documents contain. Some speculate that the documents relate to Afghanistan. But there has been no evidence to suggest that Trump took the documents other than for his personal records.

DOJ efforts to fast-track the case have been halted by District Court Judge Eileen Cannon, who is overseeing the case in Florida. Judge Cannon is a Republican who was appointed by Trump in 2020. The DOJ still has more documents to produce for inspection by the Trump team. It is unlikely that the case will be heard before the election.

The PRA was enacted in the late 1970s. Every president since Ronald Reagan has taken documents when leaving office that the feds wanted back afterwards for various reasons. In each of those cases, the matters were resolved without criminal charges.

The feds are going after Trump for the same thing on which Joe Biden and Hillary Clinton were exonerated; violation of the Espionage Act. Biden and Clinton were each found to have mishandled classified documents. The difference is that each of them did so when they were not president, meaning they had no power to declassify. Clearly, there is a double standard in the way the feds are handling their classified document claim against Trump.

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