In separate search operations, the FBI found documents with classification markings at the residences of Biden and Trump. The circumstances of the findings and the content of the documents remain secret. 

However, despite the similar offense, the two cases will likely culminate in different outcomes. Trump is still under indictment, with a possibility of prosecution, while Biden is already off the hook.

According to reports of the FBI search operation, many of the documents in the garage of Biden’s Delaware residence were handwritten. In Trump’s case, stacks of documents with classification markings were found in one of the bathrooms in his Mar-a-Lago mansion. 

Different special counsels handled the two cases. Robert Hur handled indictments against Biden, while special counsel Jack Smith is in charge of Trump’s case.

A few weeks ago, Robert Hur submitted a report of his probe into the Biden case. Despite the available evidence, he suggests Biden should not be prosecuted for holding on to classified information. 

However, special counsel Hur made a statement in the report that has earned him some tongue-lashing from some Democrats and even Biden himself. Hur inferred that Biden’s medical condition and memory loss made him forget he still possessed the documents.

On the contrary, special counsel Jack Smith is hot on Trump’s trail, seeking to prosecute the former president. According to Smith, Trump not only hoarded classified documents belonging to the government but also frustrated efforts to recover them. 

So far, Trump claims to be guiltless in the ongoing indictment. Instead, he is quick to call public attention to the variations in ruling for what he calls quite similar infractions.

Some observers of the ongoing debate think that whatever judgment applies to one in the classified document probe should apply to the other. However, we may need to identify the similarities and differences between the two cases. 

Prosecutors claimed that Trump made away with several classified documents while evacuating the White House. His attorney denied the claims. However, the FBI found the documents at a Trump mansion.

In Biden’s case, the classified documents he is being indicted for were found in 2022. The documents largely revolve around the US’s military engagement in Afghanistan. Biden’s stash also included a jotting, to-do lists, and memos from the Obama administration. 

There was also a notebook in the Biden stash containing jottings that border national security. In his report, Hur claims that Biden has, on multiple occasions, read aloud from this notebook to his ghostwriter.

Nonetheless, special counsel Hur decided against charging Biden for having the classified document. According to Hur, no concrete evidence proves that Biden willfully hoarded the documents. 

Hur further explained that even if prosecutors were to make a case of Biden discussing the classified documents with his ghostwriter, he could still argue himself out of the indictment in a court of law. He also added that the fragile nature of his memory may also be exploited as an excuse.

So, Hur suggests that his decision not to charge Biden is an exercise of objectivity. If the state does insist on pursuing the Biden case, his attorneys will have it easy convincing jurors that his possession of classified documents is an honest mistake. 

Unfortunately, Trump has no alibi with as much footing as Biden’s. On the contrary, Trump was not only aware of having classified documents at his private residence but also tried to conceal its existence.

Hur is aware of the controversy surrounding the two cases, particularly his decision not to charge Biden. So, he has publicly pointed out the differences between the two individuals. 

Hur clarifies that Biden cooperated with investigators during the search of his residence. Likewise, the president complied when invited for a voluntary interview. Trump took an opposing stance, flouting multiple opportunities to come clean about the documents at his residence.