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Moss: Biden classified docs case ‘has no similarity to what Trump did’

The New York Times is reporting this tonight about the Biden documents the documents which date to Mr Biden’s time as vice president were found by his personal lawyers on November 2nd when they were packing files at an office at the Penn Biden Center for diplomacy and Global engagement according to the White House officials did not describe.

Precisely how many documents were involved what kind of information they included or their level of classification the White House said in a statement that the White House council’s Office notified the National Archives and Records Administration on the same day the documents were found in a locked closet and that the agency retrieved.

Them the next morning attorney general Merrick Garland has assigned the U.S attorney in Chicago appointed by Donald Trump John lausch to review the situation Andrew Weissman Neil katiel are back with us and joining us now is Bradley Moss and National Security attorney and former clerk for the National Security archive uh Bradley.

Boss let me begin with you uh indications are that it’s probably uh less than a dozen documents uh that the lawyers who found them immediately contacted the White House counsel’s Office the White House counsel’s office immediately contacted the archives the archives picked them up the next morning and then Merrick Garland decided to have.

A trump appointed prosecutor review the situation uh what do you make of what we know so far yeah Lawrence so the number of documents isn’t really what stands out to me because candidly any document with classification markings not in a proper location is a bad thing they never should have been there but what’s.

Different here and why I’m telling everyone to slow down with these comparisons tomorrow logo into what Donald Trump is facing is the absence of any obstructive or concealment efforts uh Joe Biden’s team his lawyers did exactly what you do in this situation you call up the National Archives you forward it to them you get them to pick.

It up immediately that’s what they did the justice department is playing this very properly you know recognizing the political sensitivities they’re having the US attorney you know in Chicago take a look at it that’s fine this has no relation no similarity to what Donald Trump did playing games on Mar-A-Lago concealing things having lawyers submit.

Statements with false information to the justice department this needs to be investigated but this does not appear to be anything like Donald Trump did uh Andrew Weissman uh your reaction sorry a number of First principles are important so at the end of the day depending on what the facts are in both situations it’s really important that if.

The facts are the same or close the two should be treated exactly the same that’s what it means to be a nation of laws whether you like one person or dislike another person is irrelevant in terms of how you treat them under the law but I agree with Bradley in terms of what we know so far I’d say a huge fundamental difference in addition to.

What Bradley talked about is intent um there is a difference in the law about how you treat somebody who accidentally knocks over a glass of milk and somebody who takes the class and throws it at a person one is something that is dealt with under the criminal law and the other The Accidental spilling is not dealt with under the.

Criminal law at all so it is really important for people to understand what it means to be a crime it means that you acted knowingly and with intent and the crime here is knowingly and with intent to improperly retaining classified information the evidence of that as Bradley talks about is in Spades with respect to the former president and so.

Far what we’ve learned with respect to the documents that President Biden had when he was former president um doesn’t appear to be anything close to the you know anything like that it just seems like the inadvertent retention of documents at Han Discovery it was exactly what you’d want somebody to do he handled it exactly the way you.

Would and not as Bradley said doing everything you can to obstruct the return of those documents uh Neil katiel instead of what Trump supporters will will want to call an example of everybody does it it seems that this situation can be used to argue and in contrast uh the difference between the precisely proper way to handle a.

Discovery like this and the criminal way to handle a discovery like this that’s exactly right Lawrence there’s a way in which this story tonight actually may reaffirm the need to prosecute Donald Trump and in order you know the Republicans are already marching on TV saying look everyone does it and so on but I think we need to know three things.

One what these documents are two how Biden reacted to it and three as Andrew is saying what is the level of Criminal Intent I suspect there’s going to be more differences than similarities between Biden and the Trump stolen Mar-A-Lago documents and at a minimum I have no doubt that Biden is not going to blatantly disregard a subpoena or defy.

And harass prosecutors or throw temper tantrums on social media in response to this investigation and in particular I think Biden’s reaction is so important because did he Order full cooperation it sounds like it but that’s something that the investigators will need to get to the bottom of in the next few days we do know that Donald Trump did the reverse.

He sent his attorneys out after the Mar-A-Lago inquiry into certify that everything had been turned over when that wasn’t the case and that’s what led to the raid on his house and here the language of the Espionage Act Lawrence is really important it says that it’s a crime to quote willfully retain sensitive National Defense information.

And failed to deliver it on demand to the officer of the United States entitled to receive it that’s exactly what Donald Trump did even if you buy every word in the story in the reporting tonight there’s no allegation whatsoever that is what Joe Biden did so to me it’s going to be a fundamental difference and you know it doesn’t change my mind at.

Least the stories tonight don’t change my mind and my bottom line view that Jack Smith will seek an indictment of Donald Trump for stealing documents and bringing them to Mar-A-Lago thank you

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