MSNBC analyst suggests classified docs investigation of Biden makes criminal charges against Trump ‘more likely’

Following the revelations this week that President Joe Biden may have unlawfully retained possession of classified documents from his time as vice president that should have been turned over to the National Archives, Attorney General Merrick Garland appointed a special counsel to further investigate the matter.

Somehow, in the view of MSNBC legal analyst Barbara McQuade, the appointment of a special counsel to investigate President Biden means it is now “more likely” that former President Donald Trump will face criminal charges and prosecution, Breitbart reported.

Trump, of course, has been subjected to grand jury subpoenas, an FBI raid, the appointment of a different special counsel, and incessant threats of criminal charges and prosecution related to similar allegations that he unlawfully retained possession of classified documents following his term in the White House.

Dueling special counsel presidential probes

Multiple reports and even admissions from President Biden himself revealed this week that at least two separate batches of classified documents had been found — the first in an old Penn Biden Center office the former vice president used between White House stints, and the second in the garage of his Wilmington, Delaware home.

Attorney General Garland announced on Thursday that he had appointed former U.S. Attorney Robert Hur, a Republican from Maryland, to serve as special counsel and take over the preliminary investigation that had been quietly begun at some unspecified earlier time by U.S. Attorney John Lausch, a holdover from the Trump administration.

“Based on Mr. Lausch’s initial investigation, I concluded that, under the Special Counsel regulations, it was in the public interest to appoint a Special Counsel. In the days since, while Mr. Lausch continued the investigation, the Department identified Mr. Hur for appointment as Special Counsel,” the attorney general said. “This appointment underscores for the public the Department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law.”

It was in November that AG Garland had appointed as special counsel a former federal prosecutor named Jack Smith to lead two federal investigations of former President Trump — one being the matter of the classified documents found at his Mar-a-Lago residence and the other being allegations of interference in the peaceful transition of power following the 2020 election.

“Based on recent developments, including the former President’s announcement that he is a candidate for President in the next election, and the sitting President’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel,” he said at that time. “Such an appointment underscores the Department’s commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law.”

McQuade’s odd theory

On Thursday, according to Breitbart, former U.S. attorney turned MSNBC legal analyst Barbara McQuade appeared on “Chris Jansing Reports” to discuss the appointment of Special Counsel Robert Hur to investigate Biden, during which she shared her theory that the appointment actually increased the odds of a criminal indictment against Trump.

“They both begin with the idea that classified information is supposed to be handled in appropriate ways. There are rules about those things, and failure to do so can violate several different statutes,” McQuade said. “So I imagine in those ways, they are very similar. There will be examination as to whether any of those laws were violated.”

“Additional crimes might be presented in the case of Donald Trump just because of the search warrant that we saw before that had additional probable cause for obstruction of justice. That makes it a more complicated crime and a more serious crime potentially,” she continued.

“The obstruction of justice allegation was based on the failure of Trump and his team to turn over documents when they received the grand jury subpoena, forcing the government to get a search warrant to go retrieve what turned out to be more than 20 boxes remaining after they had already assured the government that all of the documents had been turned over,” the analyst explained. “So it is a very different scenario from what we have in this case.”

Probe of Biden makes charges against Trump “more likely”

“I see Robert Hur’s review as potentially small unless it is involved in something else, whereas I see Jack Smith’s investigation as something larger,” McQuade surmised. “I would also say this, Chris — I think that the appointment of Robert Hur suggests to me that Jack Smith is serious.”

“I think you need to appoint Robert Hur to show that you are treating these two men equally,” she added. “It makes me feel that it is more likely charges are going to come against Donald Trump than if no special counsel had been appointed here.”

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