House Speaker Kevin McCarthy finally has his chance to compare the classified documents formerly possessed by President Joe Biden and former President Donald Trump.
Beginning last week, Congress' "Gang of Eight" were provided access to the classified documents previously recovered at the residences of Biden and Trump, as well as those possessed by former Vice President Mike Pence, as first reported by Punchbowl News.
McCarthy has been vocal as it pertains to the various investigations surrounding Trump. Prior to Trump being indicted in association with alleged hush money payments made to adult film star Stormy Daniels, McCarthy called Manhattan District Attorney Alvin Bragg "radical" and directed GOP committee chairs to investigate the circumstances around Trump's indictment last week.
"I'm directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions," McCarthy tweeted in the days leading up to Trump's eventual indictment and arraignment.
The so-called "Gang of Eight" includes the leaders of the House and the Senate, Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell; McCarthy; House Minority Leader Hakeem Jeffries; and the top Republican and Democrat from each chamber's intelligence committees: Senators Mark Warner and Marco Rubio, and Representatives Michael Turner and Jim Himes.
They, along with some of their staff, have access to the most sensitive intelligence material.
The move comes nearly a month-and-a-half after Warner and Rubio—who are credited, according to sources, for putting pressure on the Biden administration to be more transparent—issued a joint statement saying that a classified documents briefing with members of the Intelligence Community (IC) and Department of Justice (DOJ) "shed some light" on the various classified documents' investigations as it pertains to national security concerns.
It also "left much to be desired," the pair said.
McCarthy and other "Gang of Eight" members have not publicly commented on the new access provided to them by the Biden administration. Newsweek reached out to each member via email for comment.
"I think the idea that Speaker McCarthy would not spin this politically is nonexistent," Patricia Crouse, a political science practitioner in residence at the University of New Haven, told Newsweek via email. "He has already shown that he has been more or less powerless as speaker and will not do the right thing under any circumstances when it comes to Trump and the far-right MAGA wing of the Republican party.
"No matter what the documents show, I believe he will create an equivalency between the Trump and Biden documents and return to the common claim that in the case of Trump it was simply a 'witch hunt.'"
One of the major investigations currently surrounding Trump revolves around over 13,000 documents, including 103 of which were classified, that were seized by the FBI during a raid in August at Trump's Mar-a-Lago property.
Multiple Secret Service agents are reportedly testifying as part of that federal investigation, which is being overseen by Special Counsel Jack Smith—who aside from the classified documents investigation is leading a probe into Trump's role on January 6.
Biden said he was "surprised" in January when his lawyers confirmed that about 10 documents containing an unidentified number of classified materials were discovered at the Penn Biden Center for Diplomacy and Global Engagement back in November. They were reportedly related to his time as vice president.
More classified documents were discovered on January 12 inside the garage of Biden's Rehoboth Beach, Delaware, vacation home. Additional documents were discovered about one week later inside the garage of the Wilmington residence.
The revelations prompted Attorney General Merrick Garland to appoint U.S. Attorney Robert Hur as special counsel to investigate Biden's role.
In January, documents were discovered at Pence's Indiana home. His lawyer, Greg Jacob, told the National Archives in a letter that "a small number of documents bearing classified markings were inadvertently boxed and transported" to Pence's residence following the end of the Trump administration.
Lisa Parshall, a political science professor at Daemen University, told Newsweek via email that a healthy system of separation of powers should include a robust role for congressional oversight on matters of national security, including the secure handling of classified materials by executive officials.
"Given the current level of polarization it is inevitable, I think, that congressional leadership will diverge on how they evaluate the materials released," Parshall said. "As the seizure or voluntary return of materials played out in the open, the public is aware that there were differences between Pence and Biden on the one hand, and Donald Trump on the other, in their level of cooperation versus defiance in locating and returning documents."
The number of differences in the cases—based on quantity and content surrendered or seized from multiple individuals and locations—could also play a role in how each scenario is viewed, she added.
"Once they have access to see what was recovered, I fully anticipate that McCarthy and Republican members of Congress will aggressively defend Trump despite any possible difference in the degree of the quantity or content of the materials—or his defiance over return of materials to fit the narrative of political persecution of Trump," Parshall said. "Whether their review of the material, or movement in the DOJ investigation, makes that politically infeasible to do so after a point remains to be seen."
Newsweek reached out to the DOJ via email for comment.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Nick Mordowanec is a Newsweek reporter based in Michigan. His focus is reporting on Ukraine and Russia, along with social ... Read more
