WASHINGTON — The top Republican on the House Intelligence Committee has requested that the U.S. intelligence community conduct a “damage assessment” of potentially classified documents found in the Washington office space of President Joe Biden’s former institute,
Rep. Mike Turner sent the request Tuesday to Director of National Intelligence Avril Haines, saying that Biden’s retention of the documents put him in “potential violation of laws protecting national security, including the Espionage Act and Presidential Records Act.”
Irrespective of a federal review, the revelation that Biden potentially mishandled classified or presidential records could prove to be a political headache for the president, who called former President Donald Trump’s decision to keep hundreds of such records at his private club in Florida “irresponsible. ”
Biden ignored shouted questions about the matter Tuesday during a bilateral meeting with Canadian Prime Minister Justin Trudeau in Mexico.
Turner’s request came a day after the White House confirmed that the Department of Justice was reviewing “a small number of documents with classified markings.” The documents were discovered as Biden’s personal attorneys were clearing out the offices of the Penn Biden Center, where the president kept an office after he left the vice presidency in 2017 until shortly before he launched his presidential campaign in 2019, the White House said.
“Those entrusted with access to classified information have a duty and an obligation to protect it,” said Turner in a letter to Haines. “This issue demands a full and thorough review.”
Haines agreed in September to conduct a “risk assessment” rather than a “damage assessment” of the Trump case.
There are significant differences between the Trump and Biden situations, including the gravity of an ongoing grand jury investigation into the Mar-a-Lago matter. The intelligence risk assessment into the Trump documents is to examine the seized records for classification as well as “the potential risk to national security that would result from the disclosure of the relevant documents.”
Sen. Mark Warner, the Democratic chairman of the Senate Intelligence Committee, called for a briefing on the documents.
“Our system of classification exists in order to protect our most important national security secrets, and we expect to be briefed on what happened both at Mar-a-Lago and at the Biden office as part of our constitutional oversight obligations,” he said. “From what we know so far, the latter is about finding documents with markings, and turning them over, which is certainly different from a months-long effort to retain material actively being sought by the government. But again, that’s why we need to be briefed.”
The documents were found on Nov. 2, 2022, in a locked closet in the office, according to special counsel to the president Richard Sauber.
Sauber said the attorneys immediately alerted the White House Counsel’s office, which notified the National Archives and Records Administration — which took custody of the documents the next day.
“Since that discovery, the President’s personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in the possession of the Archives,” Sauber said.
A person who is familiar with the matter but not authorized to discuss it publicly said Attorney General Merrick Garland asked U.S. Attorney for the Northern District of Illinois John Lausch to review the matter after the Archives referred the issue to the department. Lausch is one of the few U.S. attorneys to be held over from Trump’s administration.