Jordan Rubin: There’s a difference between the Biden and Trump situations. A recurring theme in the Trump investigation is his failure to turn over documents to the government after being asked for them, while Biden didn’t even have to be asked.
On the subject of high-profile document sagas and DOJ policy, it’s worth referring to another one that became a GOP talking point: the Hillary Clinton email “scandal” that helped propel Trump into the White House in the first place. Recall that the FBI director at the time, James Comey, explained the government’s refusal to charge Clinton based on past DOJ practice.
Applying those factors to Biden and Trump, we don’t see those things for Biden, either, but we do see them for Trump. So as it stands now, the Biden story is legally meaningless. But to the extent the story is meaningful, it serves to underscore how a president or former president should handle their legal obligations without having to be reminded — and litigated against — by their own government. If there's any additional pressure on the DOJ, it's to recognize the clear differences between Biden and Trump — and to act accordingly.Jordan Rubin is a blog writer for MSNBC focused on legal analysis.
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