The unusual phenomenon of two presidents sharing the same potential crime could undermine the possibility that Mr. Trump faces legal action at all
. The Justice Department decision about whether to charge Mr. Trump with unlawful possession of government documents has spawned a parallel decision over legal action against a president of the attorney-general’s own party.
From the start, it has been clear that amid all the legal investigations into Mr. Trump’s business, personal and political activities – including his efforts to overturn the 2020 election and his role in fomenting the Jan. 6, 2021, insurrection at the Capitol – the one that had the best chance of initiating federal charges involved his possession of secret documents in his Mar-a-Lago home.
Probes into Biden, Trump’s handling of documents prompt questions about what consequences may await them Both presidents now are subject to special counsels who will make recommendations to Attorney-General Merrick Garland. The two counsels are not co-ordinating their investigations. They will issue separate findings to the Justice Department. Mr. Garland will make separate decisions on the two matters.
Fairness, or at least perceived fairness, will make it exceedingly difficult for Mr. Garland to proceed with federal charges against one without doing so against the other. It won’t matter whether one president’s documents are more sensitive than the other’s, or whether one had more documents than the other, or even whether one sought to obstruct justice while the other did not.
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