Setting up the “they all do it” defense.
Then arrest them all.
“Setting up the “they all do it” defense.”
In a court of law, it will not matter for Biden or for Pence. They are both wholly unauthorized to remove or retain classified materials, nor did either of them possess the authority to declassify anything as VP or Senator.
Trump as President, on the other hand, has the unilateral authority to declassify ANY document he so chooses, with NO PROSCRIBED process to do so needed.
The Presidential Records Act, established in 1978 is not a criminal statute, it is a process statute. Prior to that, President’s kept whatever they damn well pleased, and they were considered their personal records.
If anything, Merrick Garland and his FBI-SS are hoping to wrap the criminality of Pence and Biden around Trump as well.
I’d say good luck with that, but then again, the venue is DC.