If Trump's retention of classified documents after leaving office is illegal, why isn't Biden's?

From @Teri_Kanefield FAQ: Trump's hiding of docs and certain of his statements show that it was an "intentional theft (a crime)" which "is easily distinguished from noncriminal negligence or an accident."

So, Trump's retention of documents became illegal RETROACTIVELY, when he later demonstrated it was intentional.

#trump #trumpindictment #trumpindicted #jacksmith #uspol #uspolitics #politics

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@dswidow

That's not quite the situation.

Firstly, he wasn't charged over classification. The prosecutors used a different law where classification status doesn't matter, sidestepping questions about classification.

Secondly, they charged him with things beyond simply retaining the documents. The alleged lies were themselves criminal, separate from the retention.

But to your main point, no, nothing became illegal retroactively. Rather, Trump's statements gave prosecutors evidence to prove what had always been illegal, allegedly.

It's like, if you publicly brag about robbing a bank leading to your prosecution, it wasn't that the bragging made the robbery illegal retroactively but that it helped prove what had always been illegal.

@Teri_Kanefield

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