- A special counsel was appointed to look into Biden's mishandling of classified documents.
- The DOJ previously appointed special counsel to probe Trump for possible mishandling of documents.
A former aide to former President Donald Trump said the Justice Department could possibly look into the matters involving President Biden and Trump similarly as they run separate but concurrent probes into the removal of classified documents.
"The Justice Department has a whole series of problems right now. You have two special counsels working on independent timelines with very different facts," Sarah Isgur said on ABC 'This Week' on Sunday.
Isgur said the department, which has also recently appointed a special counsel to look into President Joe Biden's mishandling of classified documents, wants "to treat like cases alike," and questioned if the two cases could be compared.
—This Week (@ThisWeekABC) January 15, 2023
"The Justice Department doesn't just work on the statutory definition of the crime, which in this case is knowingly removing classified documents, it also looks at precedent," Isgur said.
She added that in 2016 when then James Comey, the former FBI director investigated and did not bring charges against former Secretary of State Hilary Clinton over her use of a private email server said that in all the cases where the DOJ pursued charges, there were at least two factors of the crime that were met.
"The DOJ likes to treat like cases alike and that's going to be a huge problem when you have two of these moving at the same time," Isgur said.