CNN's Boris Sanchez spoke with former Timothy Parlatore about his thoughts on special counsel Robert Hur's report announcing his decision not to charge President Joe Biden over his handling of classified documents.
Last month special counsel Jack Smith, who is prosecuting Trump, used Hur's report to argue that Trump's handling of the documents was much "more aggravated" than the president's.
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"Tim, I'm curious to get your thoughts on the way the defense team has brought up the decision by special counsel Robert Hur to not press charges against President Biden for his handling of classified documents," Sanchez said.
“They're trying to argue that the legal system is biased, that there's a two-tiered system of law. Hur himself, though, in his findings, outlined the significant differences between these two cases. Do you think it's a good idea to draw attention to something that doesn't necessarily make your client look good?"
Parlatore replied, "I think a lot of that depends on how they draw it, because there certainly are distinctions. And one of those distinctions is the DOJ approached Joe Biden at a time that Mar-a-Lago had already been raided and I think that that's a fact that's kind of getting lost here, is if I'm representing Joe Biden, and this is going on, I'm going to advise him, 'Hey, we need to make a big show of how different we are than Donald Trump.'"
The former Trump attorney continued, "And so I think a lot of the theater of Joe Biden being cooperative is largely informed by trying to create an impression of being different from Donald Trump.
“But ultimately, if you do look at those two cases, the huge difference is not in how they reacted once they were approached by DOJ, but rather how the documents got out of the White House, got out of the Senate, and how they were stored. And what was done with them."
Sanchez said, "You know, Joe Biden, according to that report, was sharing things with people, with hs biographer, and giving people access to them in a way that goes well beyond what is alleged of Donald Trump.
“I do think that you can take portions of that to show a disparity even though Robert Hur did draw distinctions in the manner in which they responded to DOJ when approached. You might make the argument that Biden was counseled a certain way.
“I don't know that we necessarily have evidence for that, but Hur's findings are Hur's findings, and I don't know how that's going to play out in court necessarily."
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Parlatore replied, "It's worth raising the argument. I mean, it's one of those arguments, much like the Presidential Records Act, that any competent lawyer would at a minimum raise the argument to see if there's something that can be raised from it."
