Former President Donald Trump has suggested that the FBI should raid the White House following the discovery of classified documents at a private office linked to President Joe Biden.
Richard Sauber, special counsel to the president, said in a statement on Monday that the Biden administration was "cooperating" with the National Archives and the Department of Justice (DOJ) following the discovery of "a small number of classified documents" dating to Biden's time as vice president.
Sauber said that the documents were discovered November 2 in an office at the Penn Biden Center, which Biden used "periodically" from mid-2017 until the beginning of his 2020 presidential campaign. He added that lawyers for Biden discovered the documents as they were clearing space in the office and immediately notified the National Archives.
Trump seized upon the discovery by comparing it to the more than 100 classified documents being found during the FBI raid of his Mar-a-Lago home in the summer. The former president suggested that the FBI should now raid the White House—which is likely to contain a large number of classified documents that Biden is legally entitled to possess as the current president.
"When is the FBI going to raid the many homes of Joe Biden, perhaps even the White House?" Trump wrote in a Truth Social post. "These documents were definitely not declassified."
Trump denies any wrongdoing in his post-presidency possession of classified documents. He has claimed, without evidence, that he declassified the documents found at Mar-a-Lago prior to leaving the White House.
The former president is facing potential criminal prosecution over the documents, having also been accused of attempting to cover up his possession and refusing multiple National Archives requests prior to their seizure.
Legal experts and pundits quickly pointed out on social media that there were some significant differences between the discovery of the documents in Trump's home and those in Biden's office.
"Big differences between this & Trump's Mar-a-Lago situation: they were found in an office setting, not in Biden's home," former U.S. Attorney Joyce Vance tweeted. "Biden's team immediately volunteered news of the discovery to the Archives & turned them over immediately. It's apples to oranges."
Big differences between this & Trump's Mar-a-Lago situation: they were found in an office setting, not in Biden's home. Biden's team immediately volunteered news of the discovery to the Archives & turned them over immediately. It's apples to oranges. https://t.co/KjHu7FVxQO
— Joyce Alene (@JoyceWhiteVance) January 9, 2023
"If you can't grasp the difference between finding improperly stored classified docs that you immediately turn over to NARA vs. obstructing and lying in a federal investigation regarding improperly stored classified docs, I cannot help you," tweeted national security lawyer Bradley Moss.
If you can’t grasp the difference between finding improperly stored classified docs that you immediately turn over to NARA vs. obstructing and lying in a federal investigation regarding improperly stored classified docs, I cannot help you.
— Bradley P. Moss (@BradMossEsq) January 9, 2023
Laurence Tribe, professor emeritus of constitutional law at Harvard University, said in a tweet that the "situations aren't remotely comparable" but he expected "Mr. Trump to treat this as a huge bombshell."
“While Mr. Trump tried to suggest a parallel, the circumstances of the Biden discovery as described so far are significantly different.” To put it mildly! The situations aren’t remotely comparable. But expect Mr. Trump to treat this as a huge bombshell. https://t.co/QbNvDxJ2qf
— Laurence Tribe (@tribelaw) January 10, 2023
"The difference is that Biden's lawyers cooperated & reached out to the National Archives upon discovering the classified documents, unlike Trump & his circle obstructing the investigation into the classified docs at Mar-A-Lago. Regardless, the right will distort this & use it," tweeted Olivia Troye, ex-adviser to former Vice President Mike Pence.
The difference is that Biden's lawyers cooperated & reached out to the National Archives upon discovering the classified documents, unlike Trump & his circle obstructing the investigation into the classified docs at Mar-A-Lago. Regardless, the right will distort this & use it.
— Olivia of Troye (@OliviaTroye) January 9, 2023
Some Republican lawmakers argued that the situations were comparable on social media, with Senator Josh Hawley of Missouri asking why there was "no FBI raid this time" and Representative Ronny Jackson of Texas suggesting the discrepancy was evidence of "two systems of justice in this country."
No FBI raid this time? https://t.co/S0ns54Xjl3
— Josh Hawley (@HawleyMO) January 9, 2023
It’s just been discovered that Biden had HIGHLY CLASSIFIED DOCUMENTS that were improperly stored in one of his private offices. INCREDIBLE! WHERE is the FBI? WHERE is the dramatic raid? We have two systems of justice in this country: one for them and one for us.
— Ronny Jackson (@RonnyJacksonTX) January 9, 2023
Attorney General Merrick Garland has asked U.S. Attorney John Lausch, a Trump appointee, to investigate the Biden documents find, according to an Associated Press article citing a person who is familiar with the matter but not authorized to discuss it publicly. CBS was the first to report the discovery.
DOJ Special Counsel Jack Smith is currently considering federal criminal charges for Trump over his possession of classified documents, alongside potential charges related to the former president's activities surrounding the January 6 attack on the U.S. Capitol.
Newsweek has reached out to the White House for comment.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more
