The recent indictment of ex-President Donald Trump by special counsel Jack Smith, rooted in apparent political bias, is a clear attack on the bedrock principles of our democracy. It underscores the worrying trend of the Biden administration using the justice system as a political tool. The cherished values of fairness and impartiality that uphold our rule of law are being steadily undermined, as evidenced by the recent suspiciously lenient plea deal offered to Hunter Biden. It is deeply unsettling how allegations of corruption involving the Biden family are dismissed while a determined pursuit against Trump continues, eroding public faith inequitable justice.
In January 2022, Trump handed over 15 boxes of materials to NARA, stored safely at his Mar-a-Lago residence. The collection, including newspapers, photos, and declassified classified documents, was similar to those Trump had declassified in the past. The indictment from Smith alleged these boxes contained national defense-related materials.
Trump’s legal team requested additional time from NARA to inspect privileged material before granting the FBI access, which was promptly denied. The assertion by NARA to give FBI access at the behest of the incumbent President set the stage for the unprecedented FBI raid on Trump’s home.
The Department of Justice’s case against Trump is hard to interpret as anything other than a politically charged offensive by President Joe Biden against his most formidable political adversary. Mere days after appointing Smith, Biden assured his base, “We just have to demonstrate that he will not take power if he does run…” possibly a strategically choreographed signal hinting at what was looming.
Consider the 2016 scenario where FBI Director James Comey, during a news conference, accused presidential candidate Hillary Clinton of mishandling classified information under Title 18 USC §793(f). Comey’s investigation revealed multiple emails on Clinton’s private server that contained classified information, contrary to her persistent denials. The potential risk of unauthorized access to these confidential materials was evident. Yet, Comey announced no charges would be filed, asserting “no reasonable prosecutor” would take up the case.
Trump’s dismissal of Comey directly reacted to Comey’s failure to effectively manage the Clinton server investigation and the politically skewed “Russia Hoax” probe. The public later learned that Comey had written seven memos documenting meetings with Trump. Although Comey was a classification authority and an expert on classified information, most notices were left “unmarked.” Shockingly, several of these memos, which his subordinates determined contained classified information, were stored on Comey’s computer and physical copies at his home. A damning 2019 DOJ report revealed Comey intentionally shared some of these documents with a lawyer friend, intending to leak the material to the press.
Despite substantial evidence pointing to Comey’s deliberate retention, misuse, and unauthorized distribution of government documents, including classified ones—a clear violation of the Federal Criminal Code, 18 USC §§ 793(d)—the DOJ declined to prosecute.
Since November 2022, classified documents labeled “Top Secret” were found in Biden’s residence and the Penn Biden Center. Many of these documents date back to his tenure in the Senate and as Vice President, leaving open questions about potential access to these improperly stored classified documents. The difference is clear: Trump declassified the documents at Mar-a-Lago, while the papers in Biden’s possession remained classified, posing a grave national security risk.
Before the midterm elections, potentially harmful revelations were stifled as the White House, NARA, NARA OIG, and the DOJ kept silent for nearly two months regarding Biden’s negligent handling of classified information. In a subsequent press conference, Biden downplayed the issue with an ill-judged comment about his Corvette being securely stored in the classified documents.
This indictment against Trump, barring political motivations, should have been a mere administrative inquiry, not a political assassination attempt. However, the deeply embedded DOJ has consistently shown a single standard for law enforcement: attacking its political opponents, regardless of the consequences.