No, when the person who stored the documents was not a President (in this case Biden was a Senator, not even VP when he began his classifieds collection) pretending that it magically makes the crime go away because he "let them in" to search is absurd. He held onto classified documents for decades that he had no legal right to remove from the SCIF under the capitol building. The current President didn't get the "same chance", he was solely given a (paraphrasing) "we can't prosecute because his broken brain makes him incapacitated and folks would think it was elder abuse".
The reality, this demented old man broke the law for decades, flaunted it, and then pretended that "giving them back" long after the time period any President is supposed to be allowed to go through and separate out documents without facing any charges... No. This excuse doesn't fly.
This is again someone caught holding onto $30,000 of $100,000 stolen from the bank saying they get a pass because they gave the $30,000 back as soon as they realized they were found out.
The law has no, "unless you cooperate" clause, it isn't there. It is in sentencing such a fact would come into play. He told us why they wouldn't recommend prosecution, it was because: They would have to wait until he was out of office, then prosecute an old man with a poor memory and juries would be sympathetic with Brokebrain White House.