WASHINGTON — President Joe Biden’s decision allowing the FBI to search his home in Delaware last week opened him to fresh negative attention and embarrassment following the earlier discoveries of classified documents at that home and a former office. But it’s a legal and political calculation that aides hope will pay off in the long run as he prepares to seek reelection.
The remarkable, nearly 13-hour search by FBI agents of the sitting president’s Wilmington home is the latest political black eye for Biden, who promised to restore propriety to the office after the tumultuous tenure of his predecessor, Donald Trump.
But with his actions, Biden is doing more than simply complying with federal investigators assigned to look into the discovery of the records. The president aims to show that, unlike Trump, he never intended to retain classified materials — a key distinction that experts say diminishes the risks of criminal liability.
His attorneys have said full access was granted to the home “in the interest of moving the process forward as expeditiously as possible.”
“If I was a lawyer and I represented the president of the United States and I wanted to show, ‘I am being fully cooperative, and I do care to be projecting transparency to the American public, and I do take this seriously,’ I think this is the advice I would give as well,” said Mary McCord, a former senior Justice Department national security official.
That’s not to say she approves of his handling of the documents.
“I think it’s wrong that he had those documents there,” she said. “It shows lapses at the end of the administration,” when Biden was completing his time as vice president under Barack Obama.
Biden’s personal attorneys first discovered classified materials on Nov. 2 as they cleared out an office Biden used at the Penn Biden Center in Washington. Since that initial discovery, Biden’s team adopted an accommodating approach to the investigation, even if they haven’t been completely transparent in public.
They didn’t acknowledge the first discovery before the midterm elections, though they swiftly notified the National Archives of the discovery, returned the documents the day after they were found and coordinated subsequent searches and discoveries with the Department of Justice.
They also are not standing in the way of interviews of staff, including Kathy Chung, Biden’s executive assistant when he was vice president, who helped oversee the packing of boxes that were taken to the Penn Biden Center.
She feels some responsibility given her position, but she had “absolutely” no knowledge of classified documents being packed, according to a person familiar with her thinking who spoke on condition of anonymity.
Biden himself has said he was surprised the documents were in his possession.
It all fits a theme: Biden and his aides maintain the document mishandling was not intentional. As far as Biden’s possible legal exposure goes, the question of intention is critical: Federal law does not allow anyone to store classified documents in an unauthorized location, but it’s only a prosecutable crime when someone is found to have “knowingly” removed the documents from a proper place.
Still, welcoming the FBI search could backfire as the investigators continue, should they find some evidence of criminality.
Agents last week took possession of an additional round of items with classified markings, and some of Biden’s handwritten notes and materials from his tenure as vice president and senator.
That’s in addition to the documents already turned in by Biden’s lawyers. Agents could also choose to search the Penn Biden Center and Biden’s other home in Rehoboth Beach, Delaware, as the probe continues.
“I think he should have a lot of regrets,” added Sen. Joe Manchin, D-W.Va. Even Biden’s own attorneys have called it a “mistake.”
Republicans, meanwhile, sought to use their new-found powers in the House, where they regained the majority this month, to investigate Biden’s handling of the documents and hope to capitalize on the investigation.
“It is troubling that classified documents have been improperly stored at the home of President Biden for at least six years, raising questions about who may have reviewed or had access to classified information,” House Oversight Chairman James Comer, R-Tenn., wrote in asking for visitor logs to Biden’s residence.
Trump and some of his supporters have been more outspoken, claiming Biden is guilty of worse mishandling of classified documents than the Democrats accuse Trump of being.
The investigation of Trump also centers on classified documents that ended up at a home. In that case, though, the Justice Department issued a subpoena for the return of documents that Trump refused to give back, then obtained a warrant and seized more than 100 documents during an August search of his Florida estate, Mar-a-Lago. Federal agents are investigating potential violations of three federal laws, including one that governs gathering, transmitting or losing defense information under the Espionage Act.
Timeline: Key dates in discovery of classified records tied to Biden
Jan. 20, 2017
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Jan. 20, 2017: Biden's two terms as vice president to President Barack Obama end.
Mid-2017-2019
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Mid-2017-2019: Biden periodically uses an office at the Penn Biden Center, a think tank in Washington.
Jan. 20, 2021
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Jan. 20, 2021: Biden is sworn in as president.
Nov. 2-4, 2022
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Biden's personal attorneys came across Obama-Biden administration documents Nov. 2, 2022, in a locked closet while packing files as they prepare to close out Biden's office in the Penn Biden Center. They notified the National Archives.
Nov. 8, 2022
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Nov. 8, 2022: Midterm elections.
November-December 2022
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November-December 2022: Biden's lawyers search the president's homes in Wilmington, Delaware, and Rehoboth Beach, Delaware, to see if there are other documents from his vice presidency.
Nov. 9, 2022
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Nov. 9, 2022: The FBI begins an assessment of whether classified information has been mishandled.
Nov. 14, 2022
Updated
Nov. 14, 2022: Garland assigns U.S. attorney John Lausch to look into whether a special counsel should be appointed to investigate the matter.
Dec. 20, 2022
UpdatedDec. 20, 2022: Biden's personal counsel informs Lausch that a second batch of classified documents has been discovered in the garage at Biden's Wilmington home. The FBI goes to Biden's home in Wilmington and secures the documents.
Jan. 5, 2023
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Jan. 5, 2023: Lausch advises Garland he believes that appointing a special counsel is warranted.
Jan. 9, 2023
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Jan. 9, 2023: CBS News, followed by other news organizations, reveals the discovery of the documents at the Penn Biden Center. The White House acknowledges that "a small number" of Obama-Biden administration records, including some with classified markings, were found at the center. It makes no mention of the documents found in Wilmington.
Jan. 10-11: 2023
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Jan. 10: 2023: Biden for the first time addresses the document issue. During a press conference in Mexico City, he says he was "surprised to learn that there were any documents" in the Penn Biden Center and doesn't know what's in them. He does not mention the documents found in Wilmington.
Jan. 11, 2023: Biden's lawyers complete their search of Biden's residences, find one additional classified document in the president's personal library in Wilmington. NBC News and other news organizations reveal a second batch of documents has been found at a location other than the Penn Wilson Center.
Jan. 12-14, 2023
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Jan. 12: 2023: Biden's lawyer informs Lausch that an additional classified document has been found. Richard Sauber, special counsel to the president, reveals publicly for the first time that documents were found in Biden's Wilmington garage and one document was found in an adjacent room. Garland announces that he has appointed Robert Hur, a former U.S. attorney in the Trump administration, to serve as special counsel.
Jan. 14: 2023: The White House reveals that Biden's lawyers found more classified documents at his home than previously known. Sauber said in a statement that a total of six pages of classified documents were found during a search of Biden’s private library. Sauber said Biden’s personal lawyers, who did not have security clearances, stopped their search after finding the first page on Jan. 11. Sauber found the remaining material Jan. 12 as he was facilitating their retrieval by the Justice Department.
Jan. 19, 2023
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Jan. 19, 2023: A frustrated Biden said there is “no there there” when he was persistently questioned about the discovery of the documents. “We found a handful of documents were filed in the wrong place,” Biden said to reporters who questioned him during a tour of the damage from storms in California. “We immediately turned them over to the Archives and the Justice Department.” Biden said he was “fully cooperating and looking forward to getting this resolved quickly.”
“I think you’re going to find there’s nothing there,” he said. “There’s no there there.”
Jan. 20-21, 2023
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Jan. 21, 2023: Biden's attorneys say the FBI searched Biden’s home in Wilmington, Delaware, and located additional documents with classified markings and also took possession of some of his handwritten notes. The search lasted nearly 13 hours. The FBI took six items that contained documents with classified markings, said Bob Bauer, the president’s personal lawyer. The items spanned Biden’s time in the Senate and the vice presidency, while the notes dated to his time as vice president, he said.
Feb. 1, 2023
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Feb. 1: The FBI searched Biden's vacation home in Rehoboth Beach, Delaware, without finding any classified documents, the president's personal attorney said. Agents did take some handwritten notes and other materials relating to Biden's time as vice president for review.




