But rather than unification, Biden has cleaved this country like a butcher splitting a side of beef.
Even before Biden’s Department of Justice gave his son, Hunter, a wrist massage for tax evasion and gun violations on Tuesday, the DOJ perpetrated yet another hideous act of division.
Biden on June 6 let Justice indict former President Donald J. Trump on 37 felony counts related to alleged mishandling of classified documents. In a deed both unprecedented in U.S. history and unworthy of America’s institutional norms, a sitting president has threatened the de facto leader of the opposition with up to 400 years in prison on extremely dubious accusations.
The Biden administration has transformed the words that adorn the U.S. Supreme Court — “Equal Justice Under Law” — from hallowed principle to punchline and, now, cruel taunt, akin to Cato the Elder’s oft-spoken closing line: “Carthago delende est,” or “Carthage must be destroyed.” The only thing missing from the Supreme Court’s facade is “LOL.”
Trump is learning all too vividly that America lacks equal justice. The Land of the Free now includes a Heaven and Hell justice system: Heaven for Democrats and Hell for Republicans.
- President Bill Clinton recorded audio tapes, with the help of Oval Office staffers, in which he and historian Taylor Branch discussed U.S. policy in Bosnia, Cuba, Haiti, Somalia, and elsewhere. Clinton stashed tapes of these 79 meetings in his White House sock drawer and took them home when his presidency ended.
Judicial Watch sued for those tapes, as its attorney, Michael Bekesha, explained in the Wall Street Journal on June 13, 2023: “[T]he Justice Department argued that NARA [National Archives and Records Administration] doesn’t have ‘a duty to engage in a never-ending search for potential presidential records’ that weren’t provided to NARA by the president at the end of his term.”
“The government’s position was that Congress had decided that the president and the president alone decides what is a presidential record and what isn’t,” Bekesha wrote. “He may take with him whatever records he chooses at the end of his term.” (READ MORE: Historic Trump Arraignment Puts the Justice Department on Trial)
U.S. District Judge Amy Berman Jackson agreed. The Presidential Records Act “does not confer any mandatory or even discretionary authority on the Archivist to classify records,” she ruled on March 1, 2012. “Under the statute, this responsibility is left solely to the President.”
So, as Bekesha concluded: “Mr. Clinton took the tapes, and no one could do anything about it.”
According to Gen. Hugh Shelton, former chairman of the Joint Chiefs of Staff, Pentagon officials went to the White House “around 2000” to confer with a staffer and replace Clinton’s nuclear-launch codes. Shelton wrote, “At this point we learned that the aide had no idea where the old ones were, because they had been missing for months.” This mind-blowing security breach stayed secret for 10 years, until Shelton revealed it in his 2010 memoir. Neither Bill Clinton nor anyone else paid any price for losing America’s nuclear-launch codes!
- John M. Deutch, Clinton’s CIA director from May 1995 to December 1996, had 31 classified files on his unsecured home computer. Deutch damn well knew better. Regardless, the Justice Department decided not to prosecute him for mishandling state secrets. Instead, in August 1999, CIA Director George Tenet indefinitely suspended Deutch’s security clearance.
- Speaking of socks, Clinton’s national security adviser, Sandy Berger, strolled out of the National Archives with classified materials stuffed into his socks — no joke — in May 2002 and fall 2003. He swiped these secret documents, thought to detail his boss’s dangerously ho hum attitude toward Osama bin Laden. Berger shredded these records with scissors.
Berger pleaded guilty to unauthorized removal and retention of classified material. This misdemeanor’s maximum sentence is one year in prison and a $100,000 fine. Under Berger’s March 2005 plea deal, he lost his security clearance for three years, paid $10,000, and spent zero time in jail.
- Saying that former Secretary of State Hillary Clinton mishandled classified materials is like calling the Grand Canyon a crack. Her criminal abuse of secrets could fill bookshelves.
Hillary illegally maintained a do-it-yourself computer server in her Chappaqua, New York, mansion. It held a wealth of classified State Department emails. Here is how former FBI chief James Comey summarized its contents at a July 5, 2016, news conference:
From Hillary’s server, “110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional emails were ‘up-classified’ to make them Confidential.”
After GOP investigators on Capitol Hill subpoenaed Hillary’s server, she obstructed justice and stymied a congressional probe by shipping the computer to Platte River Networks, a Colorado facility that digitally sandblasted it with an erasure software called BleachBit. These emails were expunged so thoroughly that then-Rep. Trey Gowdy (R-S.C.) said, “Even God couldn’t read them.” Hillary also ordered her aides to demolish her cell phones with hammers. How Gambino!
Despite announcing that Hillary had 2,113 classified emails on her servers and devices, Comey infamously declared that “no reasonable prosecutor” would indict this career criminal. So, as has happened since the late 1970s, not even a snowflake landed on Hillary.
Even more outrageous, the first draft of Comey’s July 5, 2016, beatification of Hillary was dated May 2, 2016, while FBI agents on this case still were collecting subpoenaed evidence. They cataloged additional exhibits on May 13, 19, and 26.
Indeed, Comey penned his “Free Hillary!” speech before 12 to 17 separate witnesses had been questioned, including Hillary herself! She was not interrogated until that July 2 — two months after Comey wrote the remarks that kept her out of jail.
- Houma Abedin, Hillary’s top State Department aide, was a sieve through which national secrets poured. Judicial Watch, whose Freedom of Information Act lawsuit liberated State documents, reported that “at least 18 classified emails” flowed from State’s secure computers to Hillary’s illegal server to the laptop that Abedin shared with her then-husband, disgraced former Democrat congressman and convicted pedophile Anthony Weiner of Brooklyn.
“This classified material includes discussions about Saudi Arabia, The Hague, Egypt, South Africa, Zimbabwe, the identity of a CIA official, Malawi, the war in Syria, Lebanon, Hamas, and the PLO,” Judicial Watch explained in a Jan. 4, 2018 news release.
Secrets also dripped from Abedin’s Blackberry onto Weiner’s PC. She also leaked sensitive State passwords to her unprotected personal Yahoo account.
Having resigned from the House after a blindingly public sexting scandal, Weiner was wide open to potential blackmail by enemies, foreign or domestic.
“Listen up, Weiner,” some bad guy could have told him. “You’ve got 24 hours to put Houma’s secrets onto a thumb drive and hand them over. If not, a stack of photos of you in your birthday suit with some not-quite-legal girls will go straight to the New York Post. I bet they would put a juicy one on the front page, beneath the headline, ‘EXPOSED WEINER.’ What would Houma think of that?”
What penalty did Abedin pay for her grotesque abuse of classified material?
- James Comey waltzed out of the FBI with classified material that alleged that Trump had ties to Moscow. “I needed to get that out into the public square,” Comey confessed to the Senate Intelligence Committee on June 8, 2017. So, he leaked this information to his friend Professor Daniel Richman of Columbia University Law School. Richman, in turn, forwarded these secrets to the so-called “Paper of Record,” which published this news.
As Comey and Richman had conspired, this skullduggery triggered the DOJ’s special-counsel probe of Trump. This inquest hounded him for three years, until he ultimately was cleared of having Russian ties. Comey received no punishment for this evil scheme. Instead, he thrives as a lecturer and TV commentator.
- Kevin Clinesmith pleaded guilty to furnishing falsified evidence to the top secret Foreign Intelligence Surveillance Court (FISC). On June 19, 2017, Clinesmith doctored a classified email to indicate that Trump campaign adviser Carter Page was “not a source” for U.S. intelligence. In fact, he was a source. Concealing this datum made Page’s contacts with Russians appear unjustifiably suspicious. Clinesmith’s fraud bamboozled the FISC, which then issued a surveillance warrant against Page and empowered Obama’s FBI to spy on the Trump campaign. This was Watergate without the break-in.
According to an Aug. 19, 2020, Justice Department press release, Clinesmith’s crime “carries a maximum term of imprisonment of five years.”
On Jan. 29, 2021, Clinesmith was sentenced to 12 months of probation and 400 hours of community service. He spent not even a nanosecond behind bars for this notorious crime.
- Antony Blinken, according to former acting CIA Director Michael Morrell, triggered the 51 former intelligence officials whose October 2020 statement claimed that the New York Post’s exposé on Hunter Biden’s “laptop from Hell” contained “all the classic earmarks of a Russian information operation.” Blinken knew that this was a lie. In fact, he lied himself from the Biden campaign all the way into the Cabinet, where he is secretary of state.
- Joe Biden illegally possessed some 20 classified papers gathered while he was a senator and vice president and lacked presidential declassification authority. Documents marked “classified” surfaced at the Penn-Biden Center, an alleged think tank, in Washington, D.C.’s Chinatown, and in the garage of Biden’s Wilmington, Delaware, mansion (beside his 1967 Corvette Stingray). “So, it’s not like they’re sitting out in the street,” Biden reassured journalists on Jan. 12.
Biden did not endure a Mar-a-Lago–style federal raid on his property, as Trump did. Instead, Biden’s private attorneys perused documents in his garage and at his Rehoboth beach house. Biden’s lawyers, not the FBI, decided which records were classified and which were not. ABC News reported, “[T]he personal lawyers who came across the initial classified document did not have a security clearance.”
So, far, Biden has faced absolutely no consequences whatsoever for mishandling state secrets that he illegally possessed. Like virtually every Democrat in this situation, he is skating as if in the Ice Capades.
Conversely, Republicans in these circumstances find themselves in a much warmer place: Hell.
Trump political adviser Roger Stone suffered an armed FBI raid on his home in Florida. He faced time behind bars, as did former Trump national security adviser Michael Flynn. Trump’s pardons spared them this injustice.
As for Trump, DOJ’s indictment completely ignores the Presidential Records Act, which — as the aforementioned “Clinton Socks Case” confirms — gives him unquestioned power to declassify whichever documents he wishes and keep those that he deems presidential. Biden’s abuse of Trump plagiarizes the legal standards in Cuba and Venezuela.
Joe Biden and previous leftists have taken America’s beloved equal-justice system and bludgeoned it into today’s Heaven for Democrats and Hell for Republicans. Given their recent actions, one wonders: Do Democrats want a civil war?
What Republicans want is not slavish excuse-making for anything and everything that Trump might or might not have done in his case.
What Trump supporters want is to live, once again, in a country where people are treated equally before the law, not massaged on the left and manhandled on the right.
To restore the now battered principle of Equal Justice Under Law, DOJ should keep prosecuting Trump and indict and prosecute Joe Biden, Bill Clinton, Hillary Clinton, Houma Abedin, James Comey, Antony Blinken, and every other Democrat who has abused state secrets.
If not, the Justice Department should continue to leave these Democrats untouched and immediately drop all federal charges against Donald J. Trump.
Deroy Murdock is a Manhattan-based Fox News contributor. Michael Malarkey contributed research to this opinion piece.