Former prosecutors weigh in on the classified document cases involving Biden and Trump

Record ID: 1706185

  • Title: Former prosecutors weigh in on the classified document cases involving Biden and Trump
  • Date: 11th January 2023
  • Summary: PHOENIX, ARIZONA, UNITED STATES (JANUARY 10, 2023) (REUTERS) (SOUNDBITE) (English) PAUL CHARLTON, FORMER U.S. ATTORNEY, SAYING: “The number of documents will not be as important to the prosecutors that are reviewing both of these distinct cases as much as the significance of those individual documents are. So if it’s something like a letter from the dictator of North K
  • Embargoed: 25th January 2023 01:10
  • Keywords: Donald Trump Gregg Sofer Joe Biden National Archives Paul Charlton classified documents
  • Location: VARIOUS
  • City: VARIOUS
  • Country: US
  • Topics: North America,Government/Politics
  • Reuters ID: LVA006164810012023RP1
  • Aspect Ratio: 16:9
  • Story Text: As news spread that classified documents from Joe Biden's vice-presidential days were discovered by the U.S. president's personal attorneys at a Washington think tank, two former prosecutors said there seem to be key differences between this case and a separate Justice Department probe into former President Donald Trump's handling of highly sensitive classified documents that he retained at his Florida resort after leaving the White House in January 2021.
    Biden said on Tuesday (January 10) he was surprised to learn that classified documents were found in a think-tank office he once used and said he and his team are cooperating fully with a review into what happened.
    At a joint news conference with the leaders of Mexico and Canada, Biden said that he takes classified documents seriously. He said he did not know what was in the documents.
    "We are cooperating fully with the review, which I hope will be finished soon," Biden said.
    A Democrat, Biden has faced criticism from Republicans after his Justice Department launched an investigation last year into Republican former President Donald Trump's handling of classified documents discovered at his Mar-a-Lago club in Palm Beach, Florida.
    The cases differ in several ways.
    Biden's attorneys discovered fewer than a dozen classified records inside the office at the think tank and informed the U.S. National Archives of their discovery, turned over the materials, and said they were cooperating with the Archives and the Justice Department.
    By contrast, Trump kept thousands of government records, a few hundred of which were marked as classified, inside his Florida residence for more than a year after departing the White House, and did not return them immediately or willingly despite numerous requests by the National Archives.
    "Well, it certainly makes a difference, just generally speaking, when somebody comes to the government and says, 'I found this stuff and here it is,' versus the government feeling that it has to go rout it out," said former U.S. Attorney Gregg Sofer, who is currently a partner with Husch Blackwell.
    When he finally handed over 15 boxes of records in January 2022, the Archives discovered more than 100 were marked as classified. It later referred the matter to the Justice Department.
    Investigators tried to get Trump to return any remaining classified records through a grand jury subpoena and a visit to Trump's Mar-a-Lago estate. On that visit, Trump's advisers returned a few dozen additional classified records, and attested that no other classified material remained in the residence.
    “The number of documents will not be as important to the prosecutors that are reviewing both of these distinct cases as much as the significance of those individual documents are. So if it’s something like a letter from the dictator of North Korea, and that was the only document, just hypothetically, that was found at Mar-a-Lago, well that probably wouldn’t be something that we would all concern ourselves with. On the other hand, if it is something that attaches to secrets overseas, then we would all be worried about that,” explained former U.S. Attorney Paul Charlton.
    Suspecting possible obstruction of justice, the FBI sought and obtained court approval in August to search his home, where agents found more than 13,000 additional records, about 100 of them highly classified.
    Sofer said sometimes, the obstruction of justice charges can be harder to defend in court.
    "If in the process of the FBI or some other federal law enforcement agency investigating these violations you obstruct justice, which is what I think has been partially alleged I think at least, or leaked, with respect to the Trump investigation, that charge actually in many ways often is more serious than the underlying charge," he explained.
    U.S. Attorney General Merrick Garland appointed Special Counsel Jack Smith in November to investigate the matter.
    To prove a crime occurred, investigators would need evidence to show that Trump or his associates knowingly and willfully retained the records and intentionally sought to obstruct the department's investigation to get them returned.
    Biden defended the handling of the documents.
    "They found some documents in a box in a locked cabinet, or at least a closet. And as soon as they did, they realized there were several classified documents in that box. And they did what they should have done. They immediately called the Archives," he said.
    "I was briefed about this discovery and surprised to learn that there were any government records that were taken there to that office, but I don't know what's in the documents," he said.
    He said his lawyers have suggested he not ask what was in the documents.
    "I've turned over the boxes, they've turned over the boxes to the Archives, and we are cooperating fully with the review, which I hope will be finished soon. And there'll be more detail at that time," he said.
    (Production: Gershon Peaks, Arlene Eiras)
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