It's neither Biden or Hillary.
Nope, both.

(a)Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.


(a) Officer, employee, contractor, etc. - check
(b) Became in posession of docs and materials w/classified information? Check
(c) Knowingly removed said documents without authority? Check
(d) Intent to retain? Check, despite the BS that Comey laid out for Hillary!. She had that server running for a long time.
(e) Unauthorized location? Check.

Neither Biden nor Hillary meet the second or third element.

How can you possibly argue this? Taking satellite photos out of the SCIF is enough intent right there, in Hillary!'s case. You're also seriously arguing that Hillary!'s server didn't represent document retention in an unauthorized place.

Come on, man.

but both Biden and Clinton asserted that they were genuinely unaware that classified information remained in the locations it wasn't permitted to be.

Do you know where the highest concentration of innocent men are on Planet Earth? Answer: any jail. How do you know? Answer: Just ask them.

Come on, man.



The second element relates to removal of the documents from where they are. Senators and Vice Presidents and Secretaries of State routinely travel as part of their official duties, and are (generally) allowed to take classified information out of their government offices and take it with them to work on in other locations.

No and no. You're not allowed to waltz into the NRO, ask to see stuff in a SCIF, then say, "Hold on a second, I need to forward this to my bathroom server". No. Doesn't happen.