Ted Cruz recently appeared with Sean Hannity on Fox News and shared what he believes to be the deeper problem for the Biden administration in relation to the president’s classified documents scandal.

As RedState reported, multiple troves of classified materials, including top-secret documents meant to be contained in a SCIF, were “found” by Biden’s lawyers just before the election last November. Why were those lawyers being employed to help the president move out of office at the Penn Biden Center? That’s a question no one can seem to get an answer to, but certainly, it’s not normal procedure to pay lawyers to ostensibly move boxes, and it raises all sorts of suspicions about the timing of the disclosures.

Following the discovery of more documents at Biden’s home, with some being stored in his garage next to his Corvette, a special counsel was appointed by the DOJ to finish the investigation into the matter. That’s where Cruz speculates things aren’t as they seem. The below transcript is from CNS News.

Here’s what they are worried about. Merrick Garland and the White House wanted to indict Donald J. Trump. They wanted to indict him for (classified documents found at) Mar-a-Lago, and suddenly, they’re in a world of hurt politically, because if they bring that indictment, even someone who’s been asleep under a log for 100 years will wake up and say, wait a second, why do you indict that guy for doing the same thing the other guy did? That’s their problem, and it’s why they’re so dismayed.

Prior to that comment, Cruz noted that special counsel Richard Hur is simply there to provide a rubber stamp for Biden’s innocence. That’s correct, and as I wrote recently, nothing about how the DOJ and FBI have handled the case says they are taking it seriously. Rather, it’s a distraction for them, and a very unwelcome one in light of their real target: Donald J. Trump.

Keep in mind that the DOJ knew about the second trove of documents found in Biden’s garage as early as December 20th, 2022. The insecurity of location alone should have warranted an immediate and transparent response from AG Merrick Garland. Yet, a special counsel wasn’t appointed until after the story was leaked to the press in January.

What that says to me, and obviously to Cruz as well, is that the DOJ and the White House were on board with covering this up until someone went to the press with details of the first find at the Penn Biden Center. At that point, the feigning of seriousness and separation had to begin.

Cruz continued with this.

And all of that has been on display in the past week. You know, when we saw Merrick Garland stand up and appoint a special counsel to investigate Joe Biden, I joked on my podcast, ‘Verdict with Ted Cruz,’ that Merrick Garland was like a hostage video. He was blinking out S-O-S, because he was so unhappy.

And he was forced to do it. He had no choice but appoint a special counsel, given the utter hypocrisy in going after Trump. And it was discovered that Biden had classified documents, not in one place, not in two places, not in three places, but four and five. He had ’em stuck by his Corvette, he had ’em stuck in a room by his garage, he had ’em in the Penn Center, he had them in the residence — you’ve got to wonder where Joe Biden didn’t have classified documents.

This really boils down to Biden’s criminality, even if it’s not prosecuted, complicating the DOJ’s pursuit of Donald Trump. For all the “it’s different” protestations from the press and their Democrat allies, it’s unlikely the American people will broadly see it that way. In fact, a new poll shows that a full 71 percent believe Biden’s mishandling of classified documents is “serious” or “somewhat serious.”

All the micro arguments in the world about Trump committing “obstruction” aren’t going to change the fact that Biden broke the plain letter of the law. The statute clearly says “gross negligence” and does not require intent. It’s also highly questionable at this point that any of what Biden did was an accident. One doesn’t typically “accidentally” take dozens of classified documents, move them multiple times, and scatter them around like confetti, including in a home office filing cabinet.

To prosecute Trump at this point but not Biden would actually help the former’s 2024 presidential bid. That it would also represent another public black eye for the DOJ is a given. As Cruz lays out, that is the real problem for the administration. Biden himself isn’t in any legal danger, but the White House’s attempts to weaponize the federal government to take down Trump may be.