In concluding that Mr. Biden “willfully” mishandled secret information but didn’t deserve to be prosecuted, Mr. Hur created a clear path for Mr. Trump to argue that he is facing selective prosecution. That kind of stain could get the charges tossed altogether.
Mike Davis, a former clerk to Justice Neil M. Gorsuch and president of the judicial conservative advocacy group Article III Project, said Mr. Trump has another advantage over Mr. Biden: He kept presidential records in an office at his home, which as a former president has Secret Service protection.
Mr. Biden’s documents were under no such protections.
Mr. Davis said Mr. Trump, who possessed declassification powers as president, could argue his conduct was protected under the Presidential Records Act, whereas Mr. Biden could not.
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