In claiming that Trump is the target of a politically motivated prosecution, some fellow Republicans have cited the Justice Department’s decision in 2016 not to bring charges against former Secretary of State Hillary Clinton, Trump’s Democratic opponent in that year’s presidential race, over her handling of classified information.Ĭlinton relied on a private email system for the sake of convenience during her time as the Obama administration’s top diplomat. But even if the Justice Department were to find Biden’s case prosecutable on the evidence, its Office of Legal Counsel has concluded that a president is immune from prosecution during his time in office.Īs for Pence, the Justice Department informed his legal team earlier this month that it would not be pursuing criminal charges against him over his handling of the documents. That’s important because the Justice Department historically looks for willfulness in deciding whether to bring criminal charges.Ī special counsel was appointed earlier this year to probe how classified materials ended up at Biden’s Delaware home and former office. There is no indication either was aware of the existence of the records before they were found, and no evidence has so far emerged that Biden or Pence sought to conceal the discoveries. They also authorized other searches by federal authorities to search for additional documents. Yes, but the circumstances of their cases are vastly different from those involving Trump.Īfter classified documents were found at Biden’s think tank and Pence’s Indiana home, their lawyers notified authorities and quickly arranged for them to be handed over. “We most certainly enter a plea of not guilty,” the lawyer told the judge. He remained seated while his lawyer Todd Blanche stood up and entered the plea on his behalf. Trump leaned over to whisper to his attorneys before the hearing began but did not speak during the proceedings. He folded his arms, fiddled with a pen and crossed his fingers back and forth as he listened. He scowled at times during the 50-minute hearing, but was otherwise expressionless. He will not have to surrender his passport or have his personal travel restricted. Trump’s lawyer entered a not-guilty plea for him, and the former president was released on his own recognizance without no bail. Here’s a look at the charges, the special counsel’s investigation and how Trump’s case differs from those of other politicians known to be in possession of classified documents: Donald Trump made a first appearance in federal court in Miami on Tuesday facing 37 counts related to the mishandling and retention of classified documents at his Mar-a-Lago estate.
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