Dershowitz: Biden Reaps Tit-for-Tat in Weaponization of Justice

It is often said that justice must not only be done, but must be seen. The appointment of a special counsel to investigate President Joe Biden’s alleged mishandling of classified information was made not for justice to be done, but rather for the appearance of justice to be satisfied.
Everyone knows that President Biden will not be indicated for classified material showing up in various locations. First of all, a sitting president cannot constitutionally be indicted. The Justice Department recognizes that in its own rules and guidelines. Nor is this a case where others may be subject to indictment. Finally, even if Biden were to be found to have committed criminal offenses, they would not rise to the level of high crimes and misdemeanors, which are the criteria for impeachment.
So why then did Attorney General Merrick Garland appoint a special counsel? The answer is clear: because he had previously appointed a special prosecutor to investigate Donald Trump. Since both men are likely to be running against each other for president, it is imperative that they be treated equally. Even if the facts differ somewhat, the bottom line is that both seem to have mishandled classified material.
At a time when Americans are deeply divided and agree about so little, there is one conclusion that seems to unite us all: the vast majority of Americans strongly believe that there are differences between what Biden and Trump allegedly did. That’s the agreement. But half the country seems to believe that what Biden did was worse, while the other half believe that what Trump did was worse. Very few seem to believe that they are equally culpable.
My own belief is that every president and vice president has probably mishandled classified material in some way. This is not because of any malevolent intent. None has given or sold such material to our enemies. The mishandling was probably either careless or designed to help a former official in writing their memoirs. The case of former National Security Advisor Sandy Berger is an example of the latter. He stuffed improperly possessed material into his socks to facilitate his writing his memoir. The other recent examples – Hillary Clinton, Donald Trump, and Joe Biden – seem like instances of sloppiness, laziness or convenience.

Breitbart

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