Megyn Kelly told Newsmax on Tuesday night the revelation that Joe Biden mishandled classified documents after his term as vice president ended in 2017 will not put him in legal jeopardy but will hurt him politically.
"Joe Biden has already admitted he didn't declassify these documents," Kelly told "Eric Bolling The Balance." "It's his lawyer saying that they were indeed classified, even top-secret, even with the most sensitive information in them. Joe Biden sitting there saying, 'I have no idea what's in them. That's what my lawyer says.' He's not going be able to wiggle out of this."
The former Fox News and NBC News host said the whole situation "stinks to high heaven," especially given how Biden's Department of Justice raided former President Donald Trump's Mar-a-Lago estate in August to seize thousands of presidential documents, some of which were said to be classified, and for the DOJ delaying announcement of Biden's actions, with documents that his legal team confirmed were classified, until after the midterm elections.
"It's so bad for them because it plays into a narrative that already exists," Kelly said, "and for good reason, among most Republicans, which is that there are two systems of justice, that the FBI has been turned into a partisan operation and that [Attorney General] Merrick Garland, as opposed to representing all of us, really is just sort of White House counsel adjunct."
Garland appointed Jack Smith special counsel to oversee two investigations into Trump, including his handling of the documents on his Florida estate. Kelly said it's no accident the DOJ waited until after the midterms to disclose news of Biden's documents, which Biden's legal team said were discovered Nov. 2.
"They were fine announcing it about Donald Trump 90 days before [the elections], but this was too close, and they needed to protect Joe Biden, and they also needed to give him and the Justice Department time to set up cover to make it look like we're treating both matters exactly the same," Kelly said.
Kelly said no one is going to believe Biden was not given preferential treatment over Trump and added she predicts an investigation by the DOJ into the documents found in a locked closet of Biden's office at the Penn Biden Center, which he used from 2017 to 2020, will go nowhere.
"Forget the Department of Justice policy that they don't indict sitting presidents," Kelly said. "Even if they didn't have that policy, and it's not a law, they wouldn't be doing it here because this is truly only happening so that they can give sort of the color of authority to what they're already doing to Trump."
Kelly said she thought Trump was on the precipice of being indicted over the documents, but now it's unlikely to happen and that Biden might influence the DOJ to hold off given the recent developments.
"I think this makes it a little less likely because politically it's harder to explain," she said. "But I really think this is going to hurt Joe Biden politically and so he may interfere in the prosecution of Trump and try to stop it."
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