Trump Reacts to Rumors Biden Won’t Face Charges in Classified Docs Probe

Secret Service personnel park vehicles in the driveway leading to President Joe Biden's house after classified documents were found there by President Biden's lawyers, in Wilmington, Del., on Jan. 15, 2023. Joshua Roberts/Reuters

Former President Donald Trump has reacted critically to rumors that President Joe Biden won’t face any charges in his classified documents probe, with the former president alleging “selective prosecution” since he faces dozens of felony charges in a similar investigation.

Speculation has been swirling that special counsel Robert Hur, who is investigating President Biden for allegedly mishandling sensitive documents, will not be bringing any charges against the president, after CNN reported as much based on “two sources close to the investigation” who declined to be named.

Mr. Hur and his team are reportedly preparing a detailed report from their year-long investigation into the president, with the unnamed individuals telling CNN that the probe is expected to be critical of President Biden and his staff for their handling of sensitive materials.

A spokesperson from the Department of Justice (DOJ) told The Epoch Times that, since the special counsel’s investigation remains ongoing, his office will decline comment.

United States Attorney Robert Hur speaks at a news conference at the U.S. Attorney's Office, in Baltimore, Md., on Sept. 19, 2018. Zach Gibson/Getty Images

Trump: ‘Selective Prosecution’

While the rumor remains unconfirmed, President Trump took to social media to express his frustration at what he labeled “selective prosecution” since he has been criminally charged in his own classified documents probe.

“Wow! Fake news CNN, through a leak from the Department of Injustice, has just reported that no charges will be filed in the (much bigger than mine!!!) crooked Joe Biden documents case,” President Trump wrote in a post on Truth Social. “We are living in a very corrupt country!”

In a series of follow-up posts, he wrote: “Selective prosecution,” “Prosecutorial misconduct,” and “Unequal justice on the boxes hoax.”

President Trump has repeatedly referred to the classified documents case against him as the “boxes hoax” while accusing the DOJ of carrying out a politically-driven investigation meant to thwart his White House bid.

In his classified documents case, President Trump has been charged with a total of 40 felony charges by special counsel Jack Smith in a case that accuses the former president of wilfully retaining classified documents, obstructing justice, and making false statements.

President Trump has pleaded not guilty.

Former President Donald Trump speaks at a campaign rally in Manchester, N.H., on April 27, 2023. Spencer Platt/Getty Images

Biden Classified Documents Probe

In January 2023, U.S. Attorney General Merrick Garland announced the appointment of Mr. Hur as special counsel to investigate classified documents discovered in President Biden’s garage in Wilmington and the Penn Biden Center.

“I will conduct the assigned investigation with fair, impartial, and dispassionate judgment,” Mr. Hur said in a Jan. 12 statement released by the DOJ. “I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service.”

In October, President Biden was interviewed by Mr. Hur in connection with the probe. The president has said he was surprised the documents were found in his office and that he did nothing wrong.

“As we have said from the beginning, the president and the White House are cooperating with this investigation, and as it has been appropriate, we have provided relevant updates publicly, being as transparent as we can, consistent with protecting and preserving the integrity of the investigation,” Ian Sams, spokesman for the White House Counsel’s Office, said in an Oct. 9 statement.

President Joe Biden delivers remarks at a news conference at the Filoli Estate in Woodside, Calif. on Nov. 15, 2023. Kent Nishimura/Getty Images

President Biden’s supporters have argued that his proactive approach to Mr. Hur’s classified documents probe stands in contrast to the way President Trump has responded to Mr. Smith’s probe.

Mr. Smith has accused President Trump of withholding documents and misleading investigators.

Trial Date Controversy

President Trump’s classified documents case is set to go to trial in May 2024, though his legal team is seeking to postpone it until November 2024, after the presidential election.

In filings submitted in federal court on Oct. 11, lawyers for President Trump argued the trial should be delayed for at least six months until the middle of November 2024 at the earliest, citing the former president’s other federal trial in which he is accused of attempting to overturn the results of the 2020 election.

That trial, in which President Trump has also denied any wrongdoing, is scheduled to begin in March in Washington, just one day before Super Tuesday. This is typically the busiest day of the presidential primary calendar and will see 16 states and territories hold presidential nominating contests.

Further, lawyers for President Trump have argued he is “absolutely immune from prosecution” under federal law, which they say provides immunity for acts within the “outer perimeter” of a president’s “official responsibility.”

They have also accused Mr. Smith of acting in a “reckless” fashion in order to get a conviction before the 2024 election.

“The special counsel’s office is engaged in a reckless effort to try to obtain a conviction of President Trump prior to the 2024 election, no matter the cost,” his lawyers wrote. “The Court should not permit the use of the criminal justice process toward that end.”

President Trump is the frontrunner for the 2024 presidential Republican nomination.