Former DOJ prosecutor Andrew McCarthy said on Thursday that President Joe Biden has already admitted public guilt over mishandling the classified documents found in a private office and in his garage.
Biden did not have authority to have classified documents after leaving office as Vice President in 2017.
The documents are not definitively known but are said to be intelligence briefings regarding Iran, Ukraine, and the U.K.
McCarthy said that when Biden admitted that he "inadvertently misplaced" the documents, he admitted guilt, since mishandling classified documents is a violation of the Espionage Act no matter what the intent.
"That’s not a defense to a charge of mishandling classified information. It is tantamount to an admission of guilt," he said.
While Biden is being investigated, McCarthy also noted that there is a 5-year statute of limitation on prosecution, so he will probably get away with it like everything else.