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A "small number" of classified documents were found by President Joe Biden's lawyers on November 2, 2022, in his former office, the White House said on Monday.
The documents, according to Biden's lawyers, were discovered in a locked closet at the Penn Biden Center for Diplomacy and Global Engagement as they were clearing out the offices. Biden worked at the think tank after leaving the vice presidency in 2017 until launching his 2020 presidential bid.
Newsweek has reached out to the White House, the Penn Biden Center, and the Justice Department for a response.
The news of the discovery of the classified documents in Biden's former office, first reported by CBS, caused outrage among some conservative pundits and Republican lawmakers, with Georgia Congresswoman Marjorie Taylor Greene calling for Biden to be treated "the same way" as Donald Trump when the FBI raided Mar-a-Lago.
"Merrick Garland and the Department of Justice have to be held accountable if they don't treat Joe Biden exactly the same way as they're treating President Trump," Greene said while appearing as a guest on Tucker Carlson's show on Fox News. The two agreed that Biden "should be impeached."
Other Republican Representatives—including Ronny Jackson of Texas and Andy Biggs of Arizona—accused Biden of purposefully stealing the documents or trying to conceal them before the midterms. Rep. Troy Nehls of Texas asked on Truth Social when the FBI would have raided Biden's home.
The same question was raised by Trump himself, who is under investigation over the handling of classified documents after leaving the White House two years ago. The former president wrote on Truth Social: "When is the FBI going to raid the many homes of Joe Biden, perhaps even the White House? These documents were definitely not declassified."
How the Trump and Biden Cases Differ
An FBI raid of the president's home or even the Penn Biden Center is highly unlikely, for the reason that the process of obtaining Biden's classified documents has been crucially different from the way authorities got a hold of the classified documents in Trump's possession.
The first difference between the two cases is where Biden's classified documents were found—in an office, rather than the president's home.
The second key difference is that Biden's lawyers volunteered news of the discovery of the classified documents to the National Archives and Records Administration and turned them over promptly, according to the White House. By contrast, the FBI searched the Florida home of the former president after obtaining a warrant as part of an investigation into violations of the Espionage Act.
Commentators following the developments took to Twitter to point out some differences. Ben LaBolt, a media strategist and former press secretary for Obama, wrote: "Hope context breaks through in coverage. Looks quite different from Trump situation. Key Point: 'On the day of this discovery ... the WH Counsel's Office notified the National Archives. The Archives took possession of the materials the following morning.'"
Hope context breaks through in coverage. Looks quite different from Trump situation. Key Point: "On the day of this discovery ... the WH Counsel's Office notified the National Archives. The Archives took possession of the materials the following morning." https://t.co/7IKIpQBKH2
— Ben LaBolt (@BenLaBolt) January 9, 2023
Joyce Alene, a former U.S. Attorney and MSNBC contributor, called it appropriate for a Trump-appointed attorney to investigate the findings at Biden's former office.
However, Boston Globe opinion writer Abdallah Fayyad tweeted: "The fundamental difference in this case versus Trump's (other than volume of classified docs) is that Biden's team appears to have volunteered this info upon discovery whereas Trump's team actively misled investigators."
A US Atty who was appointed by Trump is conducting a full investigation. That's appropriate. The facts should be determined. But there is a big difference between a mistake Biden wasn't aware of & Trump repeatedly refusing to turn over items & letting his lawyers lie to DOJ. https://t.co/NROBSsO79Q
— Joyce Alene (@JoyceWhiteVance) January 10, 2023
The fundamental difference in this case versus Trump’s (other than volume of classified docs) is that Biden’s team appears to have volunteered this info upon discovery whereas Trump’s team actively misled investigators. https://t.co/17bmbexIuM
— Abdallah Fayyad (@abdallah_fayyad) January 9, 2023
The NARA informed the Justice Department of the situation, and Attorney General Merrick Garland called for the Trump-appointed Attorney for the Northern District of Illinois John R. Lausch Jr. to investigate the matter and issue a report on it, according to news reports.
On the other hand, Trump's lawyers received requests from authorities to hand over any classified documents that could still be in the former president's possession before his Florida home was raided. For months before the Mar-a-Lago raid, authorities attempted to retrieve the documents.
It's not yet known what the classified documents found in Biden's office—dating back to his time as vice president—contain or their level of classification.
About the writer
Giulia Carbonaro is a Newsweek reporter based in London, U.K. Her focus is on the U.S. economy, housing market, property ... Read more