Some classified documents from Joe Biden's time as vice president (2008-2016) were discovered by his lawyers while emptying one of his private offices in Washington, suggesting that he may have taken them with him when he left office.
Approximately 10 files were in a locked cabinet at the Penn Biden Center for Diplomacy and Global Engagement. The now-president used that office regularly between 2017 and the start of his 2020 presidential campaign.
Richard Sauber, special counsel to the president, said in a statement released by White House spokesman and counsel Ian Sams that the writings are now being reviewed by the Justice Department and were turned over to the National Archives last November:
The White House is cooperating with the National Archives and the Department of Justice regarding the discovery of what appear to be Obama-Biden Administration records, including a small number of documents with classified markings.
Statement from White House Counsel's Office on cooperation with the National Archives: pic.twitter.com/Wu55efv1DE
- Ian Sams (@IanSams46) January 9, 2023
The Penn Biden Center is a group created by the president that "engages students and partners with its faculty and global centers to convene world leaders, develop and promote smart policies, and strengthen the national debate for American global leadership." It is located one mile from the White House and is affiliated with the University of Pennsylvania.
Biden's legal team hid the findings
The documents were found on Nov. 2, 2022. Biden's legal team kept the discovery of the documents hidden, as they were discovered just days before the midterm elections. An MSN piece questioned whether "in the event that the news had been reported in the media, it could have had a considerable impact on the final days of the campaign."
The National Archives took possession of the materials the following morning, Nov. 3. Sauber noted that there was no DOJ request for the documents:
The discovery of these documents was made by the President's attorneys. The documents were not the subject of any prior request or inquiry by the Archives.
Trump prosecutor investigating the case
After to the discovery, Attorney General Merrick Garland assigned U.S. Attorney for the Northern District of Illinois John Lausch to review and find out how the classified material ended up in Biden's private office. This review is considered a preliminary step.
Lausch's mission will be to submit a final report to the attorney general with a conclusion on the case. This will determine whether further investigation is necessary, including the possibility of appointing a special counsel.
Lausch was nominated to be a federal prosecutor by former President Donald Trump, and is one of only two current prosecutors from that era still in office.
Presidential Records Act
The Presidential Records Act ensures through special protocols that classified information is kept secure. It demands that all presidential and vice-presidential documents be handed over to the National Archives.
Former President Trump has been under investigation since 2022 over allegations that he took government documents when he left the White House in early 2021. In August, FBI agents raided his Mar-a-Lago residence and found the classified documents.
The discovery of the documents in the president's office has set off alarm bells for many Republicans, such as Rep. James Comer of Kentucky, who in a press release recalled that Biden said that "taking classified documents from the White House is irresponsible" in reference to Trump's case:
Under the Biden Administration, the Department of Justice and National Archives have made compliance with the Presidential Records Act a top priority. We expect the same treatment for President Biden, who has apparently inappropriately maintained classified documents in an insecure setting for several years.
