The fact is Biden (or Pence) as VP, had no business with the docs and certainly not for almost 6 years, in one case. Don't get lost in the whys and wherefores. Biden illegally held classified documents, didn't store them properly and left them where anyone in the premise could find, read and possibly use them against the US. There's the facts, now apply the law.
Pretty cut and dried and zero excuse for it if you ask me. Like I said earlier, nobody sends $2000/hour lawyers, to clean out closets, without knowing that there's something there that you'll need those lawyers to answer for.
Biden, Pence, and Trump are/were all among the top executives of the United States. They are neither printing, nor storing much if any of their own material, classified or otherwise- their time is far too valuable, and they have staffs for that. The senior political classes also seem to have a much more relaxed attitude about the use and handling of such material than the security and intelligence community. Likewise, it’s very doubtful they’re directly involved in packing and moving their stuff at the end of a term- likewise; staffs. Any given current or former POTUS or VP likely has little idea what’s in any given moving box. While improper storage of classified documents is in all likelihood ‘an offence’, determining who committed
an offence requires determining who had the requisite mens rea
; i.e., who knew that something illegal was happening?
What you dismiss as ‘whys and wherefores’ are actually the key granular details necessary for establishing criminal liability in a given case.
In these classified document cases, it’s necessary not just to prove that there were acts of storage or mishandling that meet a criminal threshold, but also that a given suspect had knowledge of it.
This is why there’s a significant different in potential legal guilty between “holy crap, we found something, get a lawyer here, and get the archives on the phone RTFN so we can sort this out” - which appears to be the case with Pence and Biden - and “no, frig off, I gave you everything, it’s mine anyway, and I don’t have anything else, and even if I did it would still be mine, and what do you mean you got video footage and now you’re back with a search warrant and found three hundred more after my lawyer signed saying you had everything?”. Even at that, we don’t yet know if Trump faces legal liability. It’s entirely possibly he was poorly served by underlings, and that culpability rests with one or more of his advisors and lawyers. He may have been as unaware of what was in his personal desk drawer as he was of what was in his basement. I’m completely open to that possibility too. He didn’t exactly surround himself with rock stars.
If you’re unable or unwilling to see the difference in those two fact sets, you’re blinding by partisanship… But frankly I know that to be the case anyway on this one, and you already said you wouldn’t respect the legitimacy of the criminal investigation into this regardless. So it’s a moot point.
If investigation shows that Biden had knowledge of retained and concealed classified documents, or obstructed an investigation, then have at ‘er and charge him. Same if it was on his underlings. Same with Pence and his. Or Obama if it’s him next week. But so far only one investigation has seen what appears to be blatant obstruction, concealing of evidence, and defiance of subpoena. Some people made choices, and I believe they will prove to have been poor ones. Other people, finding themselves potentially in a similar position, have made very, very different choices- probably much better ones, from a legal standpoint.