McCaskill: Biden’s Classified Docs Make Holding Trump Criminally Liable ‘Very Difficult’

MSNBC contributor Claire McCaskill said Tuesday on MSNBC’s “Morning Joe” that the discovery of classified documents at President Joe Biden’s home and office make it “very difficult” to hold former President Donald Trump criminally liable for the classified documents found at Mar-a-Lago.

Co-host Mika Brzezinski said, “When it comes to these documents, politically, they cancel each other out, which happened before with another candidate, which we can talk about. But at the same time, there are huge differences here. And the difference is that Donald Trump took the documents and refused to give them back.”

McCaskill said, “Those of us who understand that Donald Trump is a fraud and a liar are grasping tightly to those differences, and I get it. I get it that what Donald Trump did is totally different than what Joe Biden did. But as a prosecutor, I will tell you, we need to have a sober moment because when a jury is trying to figure out whether someone should be held criminally responsible, that’s going to be in their head. Let’s not kid ourselves here. The easiest case for the special counsel prosecutor to make against Donald Trump were the documents at Mar-a-Lago before this. Now it is no longer as easy. It is probably very difficult because the whataboutism is going to be rampant in that jury room. I think it’s important for us to recognize it may not be fair, it may not be right, but that’s the reality of where we are.”

She added, “I think we all need to be really cold-eyed about this and realize this is not good news for holding Donald Trump criminally liable for all of his misdeeds, including the documents at Mar-a-Lago.”

Follow Pam Key on Twitter @pamkeyNEN

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