No, Donald Trump is not going to be either indicted or tried in the "documents scandal."

The reason is simple: Joe Biden's collection of half the documents classified by the U.S. government during the past twenty years, with more turning up every other week, opens the door for any hypothetical Trump defense team to subpoena Biden as a witness for the defense.

The grounds for this are straightforward.  With his vast caches of secret documents, Biden has become the poster child for document-hoarding, much more so than Trump or Pence, or just about any other president or vice president since the modern classification system went into effect.  Who better than Slow Joe to testify on how easy it is to "accidentally" wind up with gaylords full of classified material, how effortlessly it can be lost track of, and how difficult it is to prevent access by a hustler and foreign agent?

There is nobody better.  Trump knew exactly where the material in his possession was, had it safely locked up, and was negotiating with the National Archives for its return.  Pence had a dozen or so pages that had obviously slipped in amid other, unrelated material.  Momentary carelessness, an inexperienced clerk...  It happens all the time.

But Biden is something else altogether.

He'll refuse to testify, you say?  Not if he's subpoenaed, he won't.  Legal precedent is clear on this (ironically, this was originally aimed at Trump).  If Biden is subpoenaed, he needs to respond.  Nor can he claim "executive privilege."  A V.P. is not the head of the Executive Branch, and the privileges of that office do not extend to him.

No doubt Biden would lawyer up in an effort to avoid testifying.  But that will take months, all while he "twists slowly in the wind," to revive a popular line from my youth.  The tweets from DJT would be a sight to behold.

As would Biden's behavior on the stand.  Any decent prosecutor could, in the state Biden is in now, make him look as if he was stealing those documents to turn over to the ayatollahs, Sauron, and Jeffrey Epstein, and was drowning puppies and beating orphans while doing it.

Beyond that, there's the prospect of a turn by the First Son. Hunter Biden "had use of" the house where the first batch of documents was found.  The time period is coterminous with the years in which Hunter was avidly cutting deals with the Chinese; Ukraine; and, for all we know, the Martians.  So up into the witness box he goes.  Smart questioning can open up all sorts of related matters involving Hunter's activities that have been willfully ignored or covered up.  ("But your honor, we need to establish that the witness was in fact involved with questionable foreign entities at this time...")

Depending on what Biden admits to — and that could be anything — further possibilities arise.  Christopher Wray might have interesting points to make.  And who else knew that those documents were floating around?

It can virtually be guaranteed that Trump will be found innocent, even by a jury of DNC hacks and Antifa members (in other words, typical residents of D.C.).  Why?  Because if found guilty, Trump would immediately appeal, which would mean that Biden, Hunter, et al. would have to go through it all over again.

There are really no downsides to this.  Now let's start working out how to get a process server into the White House.

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