Ben Shapiro


President Trump has apparently now been indicted on seven criminal charges in the classified documents case. You'll recall that this case actually began after it turned out that President Trump had a bunch of documents at Mar-a-Lago and those documents were requested by the National Archives and Records Administration.


The National Archives warned Trump they could escalate the issue to prosecutors or Congress if he continued to refuse to hand over the documents. He had also been warned by former Trump White House lawyer Eric Herschmann that he could face serious legal jeopardy if he did not comply.


After about 15 of those boxes were returned, officials discovered there were hundreds of pages of classified material in the boxes. Federal law enforcement was notified of the discovery, and they came to believe there were more materials that had not been returned, and then the DOJ issued a subpoena seeking additional classified documents.


A few weeks later, the DOJ decided to raid Mar-a-Lago after Trump's legal team had signed a written statement claiming that all the classified material had been returned. The FBI executed a search warrant on the property and recovered more classified material.


Hillary Clinton, Joe Biden, Mike Pence, and Donald Trump are among the public officials who we know have had classified material in a place they weren't supposed to. The only one of those four people who had the power to summarily declassify such material was President Trump.


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The president can summarily declassify anything. He's the head of the executive branch. None of the others were able to declassify anything. So that's number one. Number two: Why exactly was Trump holding these classified materials in the first place?


As it turns out, according to pretty much everybody who has testified in this case, apparently Donald Trump just decided to hold onto the documents simply because he wanted to hold onto the documents. There was no nefarious reason. The likely thing that happened is, he left the White House and thought,
_Hey, look, it's a letter. Kim Jong Un signed it. I'm going to bring it._

And he brought it. And that was the end of the story. The National Archives said, "Can we have the letter?" Trump said, "No."


That's pretty much the extent of it. Is that a national security threat to the extent that the former president of the United States and the current Republican front runner for the nomination should be indicted on criminal charges?


No. The answer is, no. And the reason the answer is no is because we have the disparate treatment of those other public officials, including most egregiously, Hillary Clinton.


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Let's look at what Hillary Clinton actually did, because it's relevant in this context. The FBI and DOJ decided not to prosecute Hillary Clinton for her activities surrounding taking home classified documents and loading them onto an unclassified server, a secret private server kept in a bathroom.


She wound up using BleachBit to clean the documents when it became clear she was suspected of holding those documents, and then those classified documents ended up on the very-not-classified computer of a pervert named Anthony Weiner, Huma Abedin's husband. Huma was Hillary's close aide.


Hillary still did not get prosecuted. It's hard to think of a looser use of classified material. It's difficult to think of Donald Trump doing anything that is remotely as sloppy as that.


Trump's prosecutors are going out of their way to say Donald Trump was willfully and maliciously hiding this material. The reason they are doing this is because if they say he accidentally mishandled classified information, then we are all going to ask the obvious questions: Why isn't Joe Biden being prosecuted? Why wasn't Mike Pence prosecuted? Why isn't Hillary Clinton prosecuted?


This is differential prosecution. Everyone can see this is differential prosecution. Hillary Clinton stored thousands of documents on a private server in her home while she was secretary of state. Many of those documents were classified. Those documents were then bleached.


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Ep. 1744 - How Screwed Is Trump?

We examine the details of Donald Trump's indictment for mishandling classified information; Trump prepares his defense strategy; and Joe Biden declares that America is a "nation of Pride" while flying a Pride Progress flag from the White House.

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Announcing why he was not going to prosecute Hillary Clinton, James Comey stated, "Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case."


Prosecutors necessarily weigh a number of factors before deciding whether to bring charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Comey admitted there was a high likelihood that foreign eyes ended up on classified material because of Hillary Clinton. Is there a high likelihood that materials ended up being seen by the Chinese or Russians because Donald Trump hid this stuff in a closet at Mar-a-Lago? Is that a high likelihood?


Hillary deliberately wiped her server. Now, if you're talking about covering up obstruction of justice, preventing the knowledge by law enforcement that you are covering up classified material, Hillary Clinton did all that.


There is still an investigation into Joe Biden keeping classified documents around the nation like Hunter Biden leaves illegitimate children. According to NBC News, "The federal investigation into President Joe Biden's handling of classified documents shows few signs of an imminent conclusion, even as the probes into former Vice-President Mike Pence and former President Donald Trump have reached or appear to be reaching the end."


So is Donald Trump being prosecuted on the basis of doing something extraordinarily different from Hillary Clinton? The answer, of course, is no.


This is a malign use of law enforcement. There is no way in hell that they would be doing this if Donald Trump were a Democrat. There's no way in hell and we all know it. And that's perverse. It undermines the credibility of law enforcement, the DOJ, and the FBI. These institutions are at low ebb in terms of credibility among Americans.


**Ben Shapiro**

Editor Emeritus,

The Daily Wire

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