Biden and Classified Documents: A Legal and Ethical Analysis

The recent debate over whether President Biden is returning classified documents as diligently as he should underscores broader legal and ethical questions. Many are drawing parallels with scenarios from fiction, such as bank robberies and library book returns, to explain the situation.

The Legal Context

Firstly, it's crucial to establish the legal context. When an individual, such as a former politician, has access to classified documents, they are bound by certain retention and disposition laws. For instance, they must return or destroy these documents once their position granting them access no longer exists. This duty differs significantly from that of a criminal who steals and presumably hides property.

Case of Joseph Biden

President Biden had the legitimate right to have classified documents while in office or in specific roles. However, this does not extend to private possession post-termination of his official positions. The reason the Department of Justice (DoJ) declined prosecution was due to insufficient evidence proving Biden acted deliberately in retaining the documents. This is fundamentally different from a bank robber who inherently and illegally possesses stolen property.

Library Book Analogy

Another common comparison is that of checking out a library book. When a person becomes aware of their unreturned book, they promptly return it. This comparison implies that if Biden became aware of the documents in his possession after leaving office, he should have and did return them.

It's important to note that while Biden returned the first documents his staff found, questions still loom around other documents he may have retained. However, the process and his cooperation with checks illustrate a commitment to resolving the issue.

Classification and Time Sensitivity

The relevance of classified documents diminishes over time, just as certain pieces of information become less valuable or relevant to the current political landscape. The declassification process can render documents less critical. Hence, the more recent the information, the greater its value and the higher the urgency to handle it responsibly.

Comparison to Robberies

Some have pointed to the parallels between Biden’s case and a bank robber not returning stolen money, suggesting far more egregiousness. However, Biden is far from the category of a bank robber in terms of malicious intent and action. Robbers do not hold the country hostage, weaponize legal institutions, or initiate political vendettas. These actions are uniquely attributed to individuals with a specific motive, which sets them apart from mere legal infractions.

Conclusion

The Biden situation is a nuanced legal and ethical issue. While there are points of analogy, such as the return of library books, the complexities surrounding the handling of classified documents underscore the need for transparency and compliance with legal obligations.