The indictment of former President Donald Trump for keeping classified documents in unauthorized locations raises concerns about the sensitivity of the information he allegedly hoarded. The indictment, drafted by special counsel Jack Smith of the Biden Justice Department, describes the intelligence in elaborate detail. As someone who has worked on national-security cases, I am surprised that the Biden DOJ believes making such descriptions public carries no risk. This prompts House Judiciary Committee chairman Jim Jordan to fulfill his oversight duties by demanding a subpoena for special counsel Robert Hur and FBI Director Christopher Wray, who are responsible for investigating President Biden’s similar offenses of hoarding classified documents in unauthorized locations.
One of the most shocking aspects of the Trump indictment is the brazenness of his misconduct. The prosecutor argues that the information he illegally maintained necessitates 31 separate felony counts, indicating a potential 310-year prison sentence. The indictment also includes obstruction charges. The Biden DOJ believes that despite the highly sensitive nature of the intelligence and the breach of public trust, the specifics of Trump’s case should be publicly disclosed. While the indictment does not provide chapter-and-verse details of American military contingency plans and other sensitive information, it does describe the classified documents stored by Trump in unauthorized and insufficiently secure locations, which could expose US military vulnerabilities, potential retaliation plans, and nuclear programs of the US and foreign countries.
This recklessness is not exclusive to Trump. The White House also admits that President Biden stored classified documents in multiple locations, in violation of the Espionage Act. The indictment shows that Trump and Biden had documents related to “national defense intelligence,” and the exposure of such information could cause significant harm to the nation. Some of the documents found in Biden’s possession stem from his time as a Senator, which he was not allowed to remove from safekeeping. Furthermore, the FBI seized notes from Biden’s private locations, which should have been classified at the same level as the documents or briefings they annotate.
Given the alarming nature of Biden’s offenses, Jordan should issue a subpoena demanding that the Biden DOJ and FBI disclose the same information publicly as the Trump indictment does. A general description of the classified information, the number of documents, and their classification level should be provided. The indictment of Trump shows that there is only one standard of justice, applicable to all Americans. Jordan should use his subpoena power to ensure that Biden also adheres to this standard.
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