Biden documents: Four questions we still don’t know about the classified materials
Cami Mondeaux
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President Joe Biden has been under intense scrutiny after it was reported earlier this month that multiple sets of classified documents were found at his private office at the Penn Biden Center for Diplomacy and Global Engagement and his personal residence in Wilmington, Delaware.
Biden’s attorneys initially found a batch of documents inside a locked closet at the Washington, D.C.-based think tank on Nov. 2, prompting officials to turn over the materials to the National Archives and Records Administration. The NARA then alerted the Justice Department about the finding on Nov. 4.
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One month later, officials found additional classified materials at Biden’s personal residence in Wilmington, Delaware, on Dec. 20. The documents were handed over to John Lausch, U.S. attorney for the Northern District of Illinois, the next day for further evaluation.
During another search of Biden’s Delaware home on Jan. 11, officials found one more classified document inside a room that was adjacent to the garage.
Although Biden and other White House officials have vowed to cooperate with investigations into his handling of the classified documents, several questions remain surrounding their discovery.
Here are four unanswered questions we still don’t know about the classified documents:
What is in the documents?
What might be the most pressing question, but also the one that may not be answered right away, is what materials were contained inside the classified documents.
Some of the documents obtained from Biden’s think tank office reportedly include intelligence and briefing materials on “topics including Ukraine, Iran, and the United Kingdom,” according to CNN. Although it’s not clear what information that may entail, it could open Biden up to accusations that he jeopardized national security.
Officials also found some declassified materials, including information about the funeral of Biden’s son in 2015. Biden has said he doesn’t know what classified information is contained in the materials that were found.
Why wasn’t the public told sooner?
The timing of the White House’s disclosure has especially drawn criticism after it was reported officials found the classified materials in early November — one week before the midterm elections. The first report on the existence of the documents by CBS News didn’t come until 10 weeks later.
“He knowingly knew this happened going into [the] election, going into interviews,” said House Speaker Kevin McCarthy (R-CA). “This is what makes America not trust their government.”
It’s not clear why officials did not disclose the initial discovery, but the White House has denied accusations that the delay was intentional. Rather, keeping such information private was crucial to “protect the investigation’s integrity,” said Biden’s attorney, Bob Bauer.
“The President’s personal attorneys have attempted to balance the importance of public transparency where appropriate with the established norms and limitations necessary to protect the investigation’s integrity,” he said in a statement. “These considerations require avoiding the public release of detail relevant to the investigation while it is ongoing.”
When did Biden find out about the documents?
As the investigations into the classified materials get underway, many critics have been pressing for more information as to when Biden was briefed on the discoveries.
After reports emerged about the initial discovery in Biden’s think tank office, the president told reporters on Jan. 10 that he was “surprised” to learn they were there. However, it remains unclear when he was briefed on their existence.
Biden has also maintained that he does not know what information is contained within the documents, noting his lawyers have advised him not to ask.
What can we expect from the special counsel investigation?
Lausch issued a recommendation to Attorney General Merrick Garland to appoint a special counsel to investigate the documents on Jan. 5 — just days before the first reports of the documents’ existence.
Garland appointed Robert Hur as the special counsel, giving him the authority to investigate the documents extensively and prosecute any wrongdoing if necessary.
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Special counsel investigations are typically wide-ranging and can last several months. For example, Robert Mueller’s special counsel investigation into former President Donald Trump lasted from 2017 to 2019 and issued more than 2,800 subpoenas.
Hur’s inquiry is not expected to take as long as Mueller’s did. However, it’s possible he will uncover previously unknown information that could damage Biden’s standing.