Many are quick to tell you Biden and Trumps document “scandals” are not the same and they are correct. They just distort reasons.
Reason 1- National Archives knew Trump had documents and was working with him. We know this from the thank you letter National Archives sent him. The FBI even asked him to put an extra lock on the door when they visited. No one knew Biden had documents.
Reason 2 - Trumps documents where in a place guarded by the secret service for months. Bidens documents were forgotten in unsecure places for 6 years.
Reason 3 - Trumps home was raided for documents in the name of national security, Bidens home was not. (so far)
Reason 4 - Trump falls under the Presidential Records Act. Biden falls under the Federal Records Act
And the most important reason
Reason 5 - Sitting presidents have to sole authority to classify and declassify documents at will, Vice Presidents do not.
Some will argue Trump is obstructing while Biden is cooperating as the main difference. The problem with that is in Judicial Watch v National Archives Administration the court ruled:
“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in his sole discretion,” Berman wrote in a footnote.
Berman argued, further, that the president “is completely entrusted with the management and even the disposal of Presidential records during his time in office, [and therefore has the] authority to do what he pleases with what he considers to be his personal records.”