Presidents and Vice presidents (and others like diplomats who are provided multi year government housing, staff and ubiquitous access to top secret documents as part of their jobs) should absolutely be treated differently than contractors or regular government employees with respect to inadvertently possessing top secret documents. Presidential transitions are chaotic and under a very small time frame. The packing is done by staff and government employees. It is essentially inevitable that some top secret documents will be accidently included in the move out material. Bush, Obama, Trump, Biden, nor Pence should be prosecuted for this inevitable fact. But when the government comes back and says, we know you accidently took some documents that you shouldn't have, but now want them back, they need to be given back without hesitation. That is the difference. On the other hand, if you are a government employee/contractor and you personally take top secret documents to your home, make no effort to return them, and just try to keep them after your leave your job, yeah you need to be facing jail time. The situations are not comparable. This really isn't difficult.