If Biden wants to make an even stronger contrast between himself and Trump, there’s yet another step to take: Consent to a search of his properties.
, that statute requires that someone “knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location.” There’s no evidence, at least not yet, of criminal intent in the Biden matter. And without the belief that a crime was committed, the FBI would have no reason to seek a a warrant, and a judge would have no reason to approve one.
It’s possible that a consent search could turn up even more documents.
The smart path for both the special counsel and Biden is clear. For the sake of transparency, national security, prosecutive determinations, institutional credibility and politics, a consent search is the way to go. All we need is a special counsel who will ask and a president who will answer, “Yes.”is an MSNBC columnist and a national security contributor for NBC News and MSNBC.
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