Biden and Trump both kept classified documents. Trump's alleged obstruction led to indictments
ABC News
Both Donald Trump and Joe Biden have been investigated for retaining classified documents -- but experts say the differences in their conduct led to different results.
Within two months in late 2022, Attorney General Merrick Garland appointed two separate special counsels to investigate the unauthorized retention of classified documents by a former and current president.
One special counsel, Jack Smith, returned with two indictments, alleging that former President Donald Trump violated the Espionage Act as a private citizen and conspired with others to obstruct justice -- charges for which he had pleaded not guilty and denied all wrongdoing.
Thirteen months after his appointment, special counsel Robert Hur on Thursday returned a report recommending against any criminal charges for President Joe Biden, despite finding what he described as ample evidence that the president willingly retained and shared highly classified information as a private citizen.
The diverging fates for the two presidents immediately prompted criticism from Trump, who alleged that the report highlighted a "two-tiered system of justice and unconstitutional selection prosecution."
