Dan Abrams accused President Donald Trump’s Justice Department of “enormous hypocrisy” in pushing to release audio recordings from former President Joe Biden’s classified documents investigation while having shielded records tied to Trump.

Speaking on The Dan Abrams Show on SiriusXM, the Mediaite founder and legal analyst argued the administration’s position on the Biden recordings directly contradicts the legal rationale Trump allies used to block the release of portions of Special Counsel Jack Smith’s report.

The clash comes after Biden sued the federal government in an effort to stop the release of interviews conducted by Special Counsel Robert Hur during the classified documents probe tied to Biden’s memoir materials. Hur ultimately declined to charge Biden but ignited a political firestorm in 2024 after describing the former president as an “elderly man with a poor memory.”

Trump’s Justice Department has since argued the recordings should be released, claiming the prior administration attempted to “hide audio recordings that clearly demonstrate a significant decline” in Biden’s mental state.

Abrams said the legal logic underpinning that effort falls apart when compared with the administration’s earlier defense of Trump.

“There is a legal and practical argument that the Biden team can’t make — which is by far the strongest argument that Biden could have,” Abrams said before pointing to the parallel appointments of Hur and Smith by then-Attorney General Merrick Garland.

Abrams noted that Judge Aileen Cannon blocked the release of Volume 2 of Smith’s report, covering Trump’s handling of classified documents, after ruling Smith had been “improperly” appointed. He quoted Cannon’s ruling that Trump and his co-defendants “still enjoy the presumption of innocence held sacrosanct in our constitutional order.”

“So wait,” he said. “Jack Smith writing a report, he’s not charging [Trump] at this point, it’s a report that Jack Smith wrote about Donald Trump and the classified information. And Judge Aileen Cannon is saying, well, Jack Smith was appointed improperly and these defendants still enjoy the presumption of innocence.”

“Well, Biden wasn’t even charged!” he exclaimed.

He continued: “If you take Aileen Cannon’s reasoning – which is Jack Smith should never have been in the position – and you apply it to Biden, Robert Hur should never been in position, then how can you justify releasing the information?

“The enormous hypocrisy of this administration in supporting Cannon’s ruling, but now fighting Biden on this,” he added.

Abrams repeatedly returned to what he viewed as the contradiction at the heart of the DOJ’s position: “If that’s true then Robert Hur never should’ve been appointed and Robert Hur should’ve never had access to this material.”

The SiriusXM host noted that Biden’s legal team can’t make that argument, because they would be conceding that Jack Smith was unlawfully appointed. Still, in Abrams’s view, the double standard is clear.

Abrams said: “It is astonishing the level of hypocrisy that goes on in this DOJ that is all intended not to pursue justice blindly but to protect Donald Trump and potentially embarrass Joe Biden.”

Watch above via SiriusXM.

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