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Gregg Jarrett Explains Why Biden’s Classified Docs Case Doesn’t Have Defense Under Federal Records Act

Fox News legal analyst Greg Jarrett on Wednesday explained why there is “no” defense under the Federal Records Act in President Biden's classified documents case.

Jarrett appeared on “Hannity” to discuss the Justice Department's investigation into Biden's alleged mishandling of classified documents, which reportedly will not indict the president. Fox host Sean Hannity asked the legal analyst for his reaction to the new information and compared Biden's case to former President Donald Trump's.

Jarrett credited the whistleblower for revealing to the public how the Justice Department “has been conducting a covert operation against Joe Biden for years.” The legal analyst went on to say that while he was not surprised by the Justice Department's findings, Biden “does not have a right to a defense under federal records law.” (Related: House Oversight Investigates Whether Joe Biden Had Classified Documents Related to Hunter Biden's Business Deals)

“I think the whistleblowers deserve credit. I mean, they're the ones who told us that the Justice Department has been working on a pretext against Joe Biden for years. There's no evidence of collusion. “Remember, despite this, investigators were prohibited from asking questions about Joe's involvement in his son's influence-promoting scheme,” Jarrett said.

“So Sean, did anyone really expect the Joe dossier scandal to be handled any differently?” I think the fix was there all along – Trump will be indicted. Biden isn't like that. It's important to note that while Joe doesn't have a defense under federal records law, Trump does. Some of the records date from when Biden was a senator, not president. And under the Records Act, former presidents, rather than senators, can have control and control over such documents. ”

Jarrett pointed to a similar lawsuit filed by former President Bill Clinton that involved the conservative activist group Judicial Watch, which obtained information by suing the National Archives and Records Administration. voice recording Contains an interview between Clinton and historian Taylor Branch. Jarrett highlighted the Justice Department's alleged double standards between Trump and Biden, calling the system a “two-tier system.” (Related: Exclusive: Heritage Foundation presses Justice Department to investigate Joe Biden's alias as part of classified documents case)

“In fact, that's been the Justice Department's position for 20 years. They argued in the famous Bill Clinton case that the former president could keep whatever he wanted, including classified documents, and federal judges agreed. All of a sudden, Trump comes along and the Justice Department throws that policy out the window. They're indicting Trump on obstruction charges for doing exactly what Bill Clinton did. . Mr. Clinton resisted,” Mr. Jarrett said.

“The appropriate legal remedy here is for Merrick Garland to file a civil suit, not a criminal one, which is based on the law, and that is the governing authority. The Clinton case was treated as such. Let the judges decide who gets what. Rather, they criminalized it because it's Donald Trump. How the Department of Justice has a two-tier judicial system. This is another example of this.”

Between November 2022 and January 2023, authorities conducted three raids on Biden's home in Delaware and his office at the Penn Biden Center at the University of Pennsylvania. The discovery revealed that the president kept classified documents in both locations during his time as a senator and vice president.

classified document Federal investigators were similarly kept for long periods after leaving office, including before the 2020 presidential election, as Biden faced bipartisan backlash. kept Inside President Trump's Mar-a-Lago mansion.

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