evidence: Attorney General Merrick Garland recently appointed a special counsel to investigate President Joseph Biden and his administration’s handling of classified documents, months after beginning an investigation into President Donald Trump’s storage of classified files at his Florida home. Trump is also facing criminal investigations and civil litigation involving his actions on Jan. 6, his tax and business activities, alleged election interference and more. [...] There’s this new wrinkle with classified documents connected to Biden in addition to classified documents connected to Trump being found in their private homes and other spaces that aren’t supposed to house such information. As a matter of practice, not as a matter of logic, it becomes harder for the Justice Department to go after Trump because it will seem more plausible to more people that they have "done the same thing" … [even though] there are lots of differences between the cases. So the Justice Department has to think about that in deciding whether to indict and prosecute Trump. Hillary Clinton was not prosecuted despite retaining government documents, including classified government documents, so it makes it more difficult to prosecute Trump — not as a legal matter, but as a practical matter. In President Biden’s case, he’s not going to be prosecuted while he’s president. As I mentioned, the Justice Department has a rule that you can’t prosecute a sitting president. However, you can investigate a sitting president and you can gather evidence of a crime.