Timeline: Biden classified document controversy
Ryan King
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President Joe Biden was rocked this week by disclosures that his lawyers recently found files with classified markings from his vice presidential days.
Although the public is just learning about the ordeal, Biden’s associates and the Department of Justice have been quietly deliberating it for the past 2 1/2 months. Conversations began around the time of the initial discovery and led up to Attorney General Merrick Garland’s appointment of a special counsel to investigate the matter Thursday.
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Biden and his allies have been adamant that the president is fully complying with federal authorities and have been proactive to root out any outstanding classified material from the president’s personal residence.
Below is a breakdown of the timeline of events in the saga:
Nov. 2: First documents found and National Archives informed
Six days before the midterm elections, Biden’s lawyers flagged an envelope with about 10 documents bearing classified markings. The documents featured intelligence about Iran, Ukraine, and the United Kingdom dated from 2013 to 2016. It comprised “sensitive compartmented information,” CNN reported.
Biden’s lawyers made the discovery while clearing out a closet in the president’s old office space at the Penn Biden Center for Diplomacy and Global Engagement, a foreign policy-focused think tank.
The president “periodically used this space from mid-2017 until the start of the 2020 campaign,” according to White House counsel Richard Sauber.
Later that day, Biden’s team informed the National Archives — the agency that is supposed to receive presidential documents following the conclusion of administrations per the Presidential Records Act, Sauber said.
The envelope was later turned over alongside multiple boxes of material with personal Biden family information found near the envelope out of caution, CNN reported.
Nov. 4: Department of Justice informed
On the evening of Nov. 4, two days after the initial discovery, the National Archives informed a prosecutor at the DOJ about the document discovery, Garland recounted during a press conference.
National Archives officials ensured the documents were “secured in an archives facility,” Garland said.
Nov. 9: FBI investigates possible mishandling
In keeping with standard procedures, the FBI began looking on Nov. 9 into whether the classified files were mishandled and whether federal laws had been violated, according to Garland.
Nov 14: Garland taps Lausch
Garland tapped Trump administration holdover U.S. Attorney for the Northern District of Illinois John Lausch on Nov. 14 to lead a preliminary investigation into the matter. Lausch was expected to guide Garland with his decision of whether or not he should name a special counsel.
Nov. 18: Jack Smith appointed in Trump case
With the Biden document ordeal festering in the background, Garland publicly announced the appointment of special counsel Jack Smith to oversee the DOJ’s investigation of former President Donald Trump for the Mar-a-Lago document situation as well as the Jan. 6 Capitol riot. Garland’s announcement came days after Trump launched his 2024 presidential campaign.
Dec. 20: DOJ notified of second batch
Biden’s personal counsel informed Lausch on Dec. 20 that a second batch of classified material was found in a sweep of the president’s Wilmington and Rehoboth Beach, Delaware, residences. The batch was flagged at Biden’s Wilmington garage and believed to be located next to his prized Corvette. The Rehoboth sweep yielded no classified findings, according to Sauber.
The second batch stemmed from Biden’s vice presidency days, and the FBI secured the documents at the location.
Jan. 5: Garland advised to name special counsel
Lausch briefed Garland on Jan. 5 about his initial investigation and advised him that he believed a special counsel was warranted for further investigation. Garland ultimately agreed with that assessment, and the DOJ began searching for a candidate.
The department would eventually identify former U.S. Attorney Robert Hur as a candidate for the post.
Jan 9: CBS reports on the situation
Four days after the DOJ geared up for a special counsel appointment, news of the classified document ordeal leaked to the press and was reported by CBS. Sauber quickly confirmed most of the reporting publicly.
Jan. 11: NBC reports second batch
Soon after news of the first batch of documents shook the Biden administration, NBC reported that a second batch of classified files was found. The report did not immediately detail when the second batch was found.
Jan. 12 morning: Lausch learns of third discovery
“An additional document bearing classified markings was identified at the president’s personal residence in Wilmington, Delaware,” Garland said Biden’s personal counsel told Lausch.
That same day, the White House confirmed media reporting of a second batch of documents and divulged the location.
Jan. 12 afternoon: Garland names special counsel
Garland named Hur as a special counsel to investigate the document ordeal Thursday. He noted that Lausch told him he would be unable to serve in that capacity given his current duties. He also publicly laid out a timeline for the DOJ’s deliberations with Biden’s team about the documents.
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News of Biden’s classified document ordeal sparked comparisons with Trump, who had taken heat after over 300 documents with classified markings surfaced at Mar-a-Lago. But unlike Biden’s case, Trump’s was spread out. National Archives officials had prodded Trump’s team for missing presidential documents throughout 2021.
In January 2022, National Archives officials arrived at Mar-a-Lago to retrieve 15 boxes of outstanding material. However, they discovered classified content in the stash and relayed the matter to the DOJ, and the DOJ began an inquiry.
DOJ officials followed up with Trump’s team several times before the Aug. 8 raid at Mar-a-Lago, in which additional documents were confiscated.
Republicans and Democrats have emphasized various differences between the two classified material controversies. Republicans have noted that Trump, unlike Biden, was a former president with declassification powers. Democrats have focused on the smaller scale of the Biden discovery and highlighted his cooperation with the government instead of having to be hunted down.