On Monday evening, news dropped that Joe Biden had illegally possessed classified documents he took following his vice presidency. They were stored in a closet at the Penn Biden Center (which opened in 2018) and were supposedly discovered by lawyers prior to the 2022 election. They were then reported after all the votes were cast. I’m sure that timing was purely coincidental, though.

The comparisons to Donald Trump having allegedly classified documents at Mar-a-Lago began immediately, and rightfully so. It seemed to be another case of our two-tiered justice system rearing its head, where Democrats can hold onto classified information without consequence while Republicans face the full force of the law.

Still, I conceded in my initial write-up that there are some differences here. Namely, that these documents weren’t being sought by the National Archives (as far as we know). That would likely absolve Biden of any type of charge involving obstruction.

So is that enough to say Biden did nothing wrong? That’s certainly the line Democrats are rolling with, and the talking points went out immediately.

I noticed this as well. The differences between the Trump and Biden document stories are pretty obvious right up front – an accident, as opposed to a willful f*** you to the DOJ – but CNN has been hammering on it anyway. https://t.co/kLEXkGxYPh

— Tom Nichols (@RadioFreeTom) January 10, 2023

Let’s check in on the legal takes from the guy who’s in like his 7th year as an undergrad. pic.twitter.com/aK35gU2sVw

— Damin Toell (@damintoell) January 10, 2023

You have to love the logic being applied there. None of these leftwingers (and yeah, Tom Nichols is one at this point) are actually arguing affirmatively that it was legal for Biden to possess the classified documents.  Instead, they just go right to drawing arbitrary lines, asserting that it’s fine when a Democrat does it but criminal when Trump does it.

As I said, there are multiple parts to this. It is not otherwise legal to hold onto classified documents for six years, moving them at least once (because again, the Penn Biden Center didn’t open until 2018), as long as you turn them in without a fight, conveniently waiting until after a major election to do so. The question is simple. Was it lawful for Biden to have those documents or not? By the plain letter of the law, it sure seems like it wasn’t.

So for Democrats to now argue it’s “different” because one aspect of the story differs from the Trump saga is disingenuous partisan hackery. Yeah, it’s slightly different, but that doesn’t necessarily make it legal, and that’s the point not being made by those rushing to defend Biden.

And you know who else indicated it was illegal and “irresponsible” to possess classified documents without the proper authority? That would be Joseph R. Biden himself.

Biden on classified material at Mar-a-Lago: "How [could] anyone … be that irresponsible?" pic.twitter.com/IcEePiXJ2y

— Tom Elliott (@tomselliott) January 9, 2023

Yes, President Biden, how could anyone be so irresponsible as to take home classified documents and not turn them in for six years? It’s a real mystery.

Biden’s mention of being “irresponsible” seems to indicate that he wasn’t thinking about intent while talking to 60 Minutes. Rather, he was just ranting about how wrong it was for Trump to have classified documents in the first place, regardless of the reason. Yet, here we are, with Biden having been caught with unsecured classified documents. The irony is so thick you can cut it with a knife, and the goalposts are now being tossed into the sea to excuse what the president did.