Turley told Fox News Digital that we “do not know what the evidence will show” and that the “most serious discovery would be evidence that Biden worked off their documents or removed them from their classification folders.”
“That would not only destroy the ‘inadvertence’ defense but make his public comments potentially deceitful of both the public and investigators,” Turley said. “While gross mishandling does not require evil intent, unintentional violations are often addressed outside of the criminal justice system. The most serious violations have been prosecuted where material was intentionally removed.”
“Intent can be established not only at the time of the removal but during the storage of the documents.” he continued. “If these documents were used or knowingly possessed over the six years, it would qualify as an intentional act to unlawfully possess the material.”
Turley added that the “use of private counsel without clearances following the first discovery on Nov. 2 could itself be viewed as reckless and gross mishandling.”
“Moreover, those lawyers are now likely witnesses in a criminal investigation,” Turley said.
[The chances of the DoJ treating Biden’s lawyers as “witnesses” are nil, or very close to it. Turley may be narrowly correct on the law, but he’s way off base on the politics of this. Merrick Garland is *allowing* Biden’s attorneys to do the sifting rather than order an FBI search of Biden’s house. There’s no way Garland or special counsel Robert Hur will apply to remove them from Biden’s legal defense and subpoena them as witnesses, even in the universe in which Hur and Garland actually green-light a grand jury, let alone a prosecution. — Ed]
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