Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The crook and the fumbler

The crook and the fumbler

US President Donald Trump (R) Democratic Presidential candidate, former US Vice President Joe Biden and moderator, NBC News anchor, Kristen Welker (C) participate in the final presidential debate at Belmont University in Nashville, Tennessee, on October 22, 2020.

Photo by JIM BOURG/POOL/AFP via Getty Images

Goldstone is the author of the forthcoming "Not White Enough: The Long Shameful Road to Japanese American Internment."

Democrats who had been gleefully lapping up the unfolding story of what they hoped would be Donald Trump’s impending indictment for absconding with of hundreds of classified documents after he left the White House have been brought up short by the revelation that Joe Biden, albeit on a much smaller scale, might have done precisely the same thing. In the wake of that disclosure, Democrats have, predictably, been scrambling to draw a distinction between the episodes, while Republicans, predictably, are chortling “gotcha.” Each is correct, depending on how the facts are viewed.


Legally, the two incidents are certainly different. In Trump’s case, he intentionally packed up a trove of the nation’s most secret material, had it shipped off to Mar a Lago, and then stored it in a manner akin to a family hanging on to old photo albums. Then, rather than simply return the material when asked to do so, he first had his minions lie about the extent of his pilferage and, after ignoring numerous official requests for the documents’ return, forced the Justice Department to obtain a warrant and then conduct an early morning raid to search Trump’s office and residence.

That Trump was aware that he had taken the documents illegally and refused to hand them back is not in question. Despite speculation that he intended to profit in some way, perhaps by selling them to an unfriendly power, Trump did not seem to have any nefarious motive—he just wanted them in the same way a small child will insist on keeping a toy he or she no longer plays with. Still, given the ease with which a wandering visitor to Palm Beach could access state secrets, he could be charged under the Espionage Act, a vague, catch-all prohibition that was enacted after the United States entered World War I to stifle dissent, as well as with obstruction of justice, which would be much easier to prove in court.

The circumstances under which the Biden documents were deposited at both the Penn Center and the Biden Garage are less clear. Biden has claimed to have been unaware of their existence and there is no proof or even an indication that he is being less than honest. And, rather than refuse to return the documents once they were uncovered, Biden’s lawyers informed the Justice Department almost immediately after they were stumbled across during a routine search of the Penn Center, followed by a more frantic search of the garage.

As such, Biden, who seemed never to make use of the documents or even look at them, would be immune to an obstruction of justice charge. Given the small number, he might even be absolved entirely if a chain of custody can be established in which he was neither a party nor had knowledge.

Politically, however, the conclusions are far different. While in the duel of legality, Biden comes out ahead, in the duel of calumny, Republicans win handily. To counter the notion that Biden was innocent and unaware, they point to the delay with which the discovery of the initial store of documents was made public, and then that there were more documents in the garage than first reported. That Biden initially refused to answer reporters’ questions, they insist, is proof of his culpability. If Biden is not charged criminally and Trump is, Republicans will scream foul and a good portion of the country will believe them.

Of perhaps the greatest significance, however, is that the documents scandal reinforces long-held perceptions of both men. That Trump will skirt the boundaries of the law and often stray over them is disputed by almost no one outside his most willfully blind supporters. Be it avoiding taxes, filing convenient bankruptcies, making payoffs to strippers, stiffing contractors, or running businesses that are thinly disguised con games, Donald Trump, when the niceties are stripped away, is precisely what Richard Nixon denied being—a crook.

Biden, on the other hand, is widely seen as a sympathetic figure who has endured enormous personal tragedy, but whose mental acuity might well be fading, something of a brain-addled grandfather. Even in earlier days, Biden always seemed to get in his own way, either with an unfortunate remark or doing something, well, dumb, which called his judgment into question. He often seemed tone deaf to social changes and had to be dissuaded from touching everyone he came in contact with, especially women. (Trump also needed to be dissuaded from touching women, but for a different reason.)

Where Trump is a crook, then, Biden is a fumbler.

But these perceptions do not fall equally, but rather are a disadvantage for Democrats. Many who voted for Biden in 2020 did so despite the fear that he was in cognitive decline. Had he been up against a less polarizing figure, that caricature might well have done him in.

On the other hand, many of those who voted for Trump did so because he was a crook. They saw his dishonesty as a political statement, sticking a thumb in the eye of government bureaucrats, similar to carrying a loaded weapon in public, or refusing to wear a face mask during the pandemic. To his supporters, Trump’s unwillingness to abide by the law or conform to long accepted social and presidential norms meant…freedom. That a narcissistic serial adulterer and tax cheat with virtually no loyalty to anyone but himself personifies liberty to a large segment of the American public is one of the two inescapable ironies in this affair.

The other is that by-and-large Biden has governed quite well. After great initial skepticism that his administration would get nothing accomplished, he made good on his promise to seek bipartisanship and succeeded in getting an impressive amount of highly significant legislation passed. The Biden administration has not been a series of unbroken successes to be sure—it grossly mishandled the Afghanistan withdrawal—but that could be balanced against a nothing short of brilliant handling of the Ukraine war.

The country noticed. After more than a year under water, Biden’s approval ratings crept up and talk of him running for re-election was no longer accompanied by a resigned sigh. The polls agreed. In 2020, the Fumbler defeated the Crook, and until the Penn Center discovery, he seemed certain to be able to do it again. But now, a 2024 rematch might have a different ending, as would a race against a different opponent.

If so, Biden will have fumbled away a hard-fought for opportunity.


Read More

Montanans Urged To Defend Voter Integrity in November Elections

The Trump administration’s Justice Department has filed 30 lawsuits against states refusing to hand over voter rolls, which include personal information including Social Security and driver’s license numbers.

Adobe Stock

Montanans Urged To Defend Voter Integrity in November Elections

Democracy watchdogs warned President Donald Trump is setting the stage to tap emergency powers to ensure Republicans do not lose control of Congress in November’s midterm elections.

Since January, the Trump administration has used federal law enforcement to raid election facilities to seize ballots and voting machines in places like Georgia and Puerto Rico. Trump continues to cast doubt on the integrity of elections in Montana and across the nation.

Keep ReadingShow less
Political Corruption Is Often Not a Voting Issue in America

electoral fraud/voter apathy/totalitarism

Getty Images - digitally generated image

Political Corruption Is Often Not a Voting Issue in America

Almost every week, there seems to be another story about the pay-to-play ethos that is dominant in Donald Trump’s Washington, DC. On July 30, the Wall Street Journal added a new one to the list.

The Journal described the president’s fervent interest in fundraising and how he checks almost nightly with his top fundraiser, Meredith O’Rourke, to find out “which companies and donors have cut checks and which haven’t, and for how much.” The story highlighted the way she channels his interest into making her pitch.

Keep ReadingShow less
As Temperatures Rise and Federal Funding Falls, Drowning Risks Grow
a group of kids in a pool
Photo by Kevin Paes on Unsplash

As Temperatures Rise and Federal Funding Falls, Drowning Risks Grow

July 25 marked World Drowning Day. More than 4000 people die from unintentional drowning in the United States each year. This translates into an average of 11 drowning deaths per day. Children ages one to four are at greatest risk, making drowning the leading cause of death for that group and the second leading cause of death for children ages five to 14.

Two emerging trends could make those numbers worse: federal funding cuts that have weakened drowning prevention efforts and hotter summers that are driving more people to water to cool off. Together, these trends threaten to deepen long-standing disparities that already place Black, Indigenous, autistic, and low-income communities at greater risk.

Keep ReadingShow less
U.S. Capitol with a flag waving in front of it.

As Washington stalls, young bipartisan lawmakers in Alaska, Mississippi, and beyond are proving that cross-partisan collaboration still wins.

Douglas Rissing/Getty Images

The Politicians Who Can Fix America's Polarization Problem Will Win

Political predictions are notoriously unreliable, but here is one I am willing to stand behind: the elected officials who figure out how to govern across difference will dominate the next decade of American politics. With dysfunction and paralysis having become the status quo in Washington, elected officials who work together to get things done will turn heads, offering desperate voters a much-needed alternative to a broken system.

Consider what happened in Alaska last year. The state’s lawmaking structure does not encourage political independence. Alaska has the nation's highest veto-override threshold: three-quarters. So when a popular education bill promising smaller class sizes, a cellphone ban, and vocational training funding cleared the legislature, only to be vetoed twice by the governor, it looked dead in the water.

Keep ReadingShow less