NYTIMES: How the Discovery of Classified Files in Biden’s Office Compares With the Trump Case The Justice Department is scrutinizing how both presidents came to have classified records after they left office. But there are major differences.
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WASHINGTON — The disclosure that classified documents were found in a private office that Joseph R. Biden Jr. had used before beginning his 2020 campaign has prompted comparisons to former President Donald J. Trump’s hoarding of sensitive government records, which is the subject of a criminal investigation.
Based on what is publicly known so far, here is a closer look:
How are the situations similar?
At a basic level, both involve official files bearing classification markings that improperly accompanied Mr. Trump and Mr. Biden after they left office. Under the Presidential Records Act, White House records are supposed to go to the National Archives and Records Administration once an administration departs. Private citizens generally lack authorization to hold classified documents, and regulations require such files to be stored securely.
The Justice Department is scrutinizing both situations. In Mr. Trump’s case, Attorney General Merrick B. Garland has appointed a special counsel, Jack Smith, to oversee the investigation. In Mr. Biden’s case, Mr. Garland has assigned a Trump-appointed U.S. attorney, John R. Lausch Jr., to conduct an initial investigation to help him determine whether to appoint a special counsel.
How are the situations different?
There are key gaps in the public record about both, but the available information suggests there were significant differences in how the documents came to light, their volume and — most important — how Mr. Trump and Mr. Biden responded. Mr. Trump and his aides resisted the government’s repeated efforts to retrieve them all, while Mr. Biden’s lawyers reported the problem and the White House says it has fully cooperated. These apparent differences have consequential legal implications.
Where were the files?
In Mr. Trump’s case, several hundred government files marked as classified — along with thousands of unclassified documents and photos — ended up at his Florida club and residence, Mar-a-Lago, after he left office. Some were in cartons in a locked storage closet, and the F.B.I. discovered others in Mr. Trump’s office, including in his desk, according to court filings.
In Mr. Biden’s case, the White House said in a statement on Monday that “a small number of documents with classified markings” were discovered in a locked closet at an office at a Washington think tank, the Penn Biden Center. It added that Mr. Biden had periodically used the space after leaving the vice presidency in 2017 until he began his bid for the 2020 presidency.
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How did the files get there?
As president, Mr. Trump is said to have periodically taken records from the Oval Office to the residential areas of the White House. During the chaos of his last days in office after he sought to cling to power, those files were apparently packed up with personal items like clothing and mementos and shipped to Mar-a-Lago.
It is not yet known how records from the Obama administration wound up at the Penn Biden Center. On Tuesday, Mr. Biden said that he took classified information seriously and that he was “surprised to learn that there were any government records there that were taken to that office.”
How did the problems come to light?
Very differently.
In the case of Mr. Trump, the National Archives in the spring of 2021 realized that historically prominent files were missing and asked Mr. Trump to return them. The agency eventually retrieved 15 boxes and found that they included documents with classification markings. The Justice Department retrieved additional records after issuing a subpoena, but it developed evidence that Mr. Trump still had more.
In the case of Mr. Biden, the White House has said that his lawyers discovered the files on Nov. 2 when they were packing up to vacate the office at the Penn Biden Center. “The documents were not the subject of any previous request or inquiry by the archives,” it also said.
How did they respond?
Very differently.
Mr. Biden’s team reported the problem to the National Archives on the same day it was discovered, and the agency retrieved the materials the next morning, the White House said. It added that Mr. Biden’s team has since cooperated with the archives and the Justice Department “to ensure that any Obama-Biden administration records are appropriately in the possession of the archives.”
How the Discovery of Classified Files in Biden’s Office Compares With the Trump Case - The New York Times (nytimes.com)