The fact that Biden cooperated with investigators while Trump obstructed them is a good reason to charge Trump, but not Biden, with obstruction (as Smith has also done). It is not a good reason to refrain from charging Biden with felony violations of Section 793 — to turn a blind-eye to multiple instances of criminal activity, committed over decades, before he started being cooperative.

The disparate treatment of Biden and Trump on mishandling intelligence makes no sense. Indeed, it is offensive — and becomes more offensive when one remembers that the Obama-Biden Justice Department similarly rationalized not charging former Secretary Clinton under Section 793 (among other potential criminal statutes) — even though Clinton, like Trump, obstructed an investigation (hers was a congressional investigation).

Biden can correct this scandalous disparity and help himself politically by pardoning Trump for the offenses involving mishandling of national-defense intelligence.