DOJ allowed Biden's personal attorneys to search classified documents without FBI presence

The Department of Justice (DOJ) considered sending FBI agents to search Joe Biden's homes for more classified documents, but ultimately decided to leave the task to the president's personal lawyers. The decision was made to avoid complications in the subsequent investigation and was part of an agreement that was reached due to the cooperative attitude of Biden and his team.

As reported by The Wall Street Journal the DOJ appreciated the fact that the president's lawyers voluntarily handed over the first batch of confidential documents on November 2. Following the discovery of these files in a private office of Biden's at the Penn Biden Center University of Pennsylvania, the president's team met with DOJ representatives to discuss the appropriateness of federal agents being present at the searches of Biden's other properties.

DOJ highlights collaboration with Biden's team

Both parties concluded that it would be better to have Biden's personal attorneys inspect the properties. The team agreed to notify the DOJ as soon as they identified any files suspected of being classified and would turn them over to agents. From that moment on, the police would take over.

The president's entourage indicates that this type of secret meetings, which were not reported, are far from being aimed at hiding alleged criminal acts, which is one of the reasons why the Biden investigation is being conducted in such a discreet manner. According to these sources, the DOJ greatly appreciated that the classified documents were voluntarily served and turned over as well as the open and cooperative attitude of those close to Biden who are participating in the searches.

Saving the FBI's trump card

The other reason given by the DOJ is that setting the FBI aside in these early stages of the investigation would allow them to play this trump card, and even send them to conduct more aggressive searches in the event that relations with Biden's team become complicated, they cease to collaborate, or they try to hide evidence.

According to members of the DOJ, these are the reasons why this investigation is being treated differently compared to the media-worthy search of former President Donald Trump's Mar-a-Lago home. These sources explained that, in Trump's case, the FBI raided his Florida home after a year of negotiations between the National Archives, the DOJ and the former president's lawyers. The trigger that led to the search warrant application was that the former president’s lawyers indicated that all documents had been returned.

Difference in treatment compared to Trump

These reasons are not convincing as an argument for the different treatment received in each case. For example, they delayed communicating the findings. The first batch was discovered on November 2, a week before the midterms, and the second in December although it wasn’t made public until mid-January. The fact that the President's entourage only acknowledged it after it appeared in the media and with hardly any new details makes it difficult to sustain the DOJ's excuses.

John Fishwick, who served as West Virginia district attorney during Obama's tenure, told the WSJ in his analysis of both cases: "He's the sitting president, there's no reason for him to hold anything back on that. It makes it harder to say they are apples and oranges, and undermines the argument that they were different."