Biden's lawyer says additional classified documents have been found in Delaware

President Joe Biden listens to a reporters question after speaking about the economy at the Eisenhower Executive Office Building, Thursday, Jan.12, 2023.

Andrew Harnik / Andrew Harnik

President Biden’s lawyer have found additional classified documents at his Wilmington, Del., residence, according to his counsel Richard Sauber, who said “all but one” of the new documents were found in storage in Biden’s garage, and one document was in stored materials in “an adjacent room.”

Biden’s lawyers notified the Justice Department immediately, Sauber said. He added that they were cooperating with the National Archives and the Department of Justice “in a process to ensure that any Obama-Biden Administration records are appropriately in possession of the Archives.”

The discovery comes after recent news that some classified documents were found in November at the Penn Biden Center, a think tank office in Washington, D.C.



“Following the discovery of government documents at the Penn Biden Center in November 2022, and coordinating closely with the Department of Justice, the President’s lawyers have searched the President’s Wilmington and Rehoboth Beach, Delaware, residences — the other locations where files from his Vice-Presidential office might have been shipped in the course of the 2017 transition. The lawyers completed that review last night,” Sauber’s statement said.

During that review, the lawyers discovered among personal and political papers “a small number” of additional Obama-Biden Administration records with classified markings, he said.

Earlier this week, Biden said he was “surprised” to learn documents had been found at the think tank office, which he used from mid-2017 until the beginning of his 2020 campaign. Those documents were found in a box in a locked closet and were turned over to the National Archives as soon as they were discovered by his personal attorneys.

In revealing the discovery of those documents — which were first reported by CBS News — earlier this week, Sauber noted that they “were not the subject of any previous request or inquiry by the Archives.” The distinction sets the situation apart from classified documents discovered at Mar-a-Lago, former President Donald Trump’s Florida home. In that case, the Justice Department says Trump’s team did not turn over all of the documents despite multiple attempts.

Former DOJ integrity chief Jack Smith is investigating the potential mishandling of classified documents by Trump. Those documents were seized from Trump’s Florida home last August. Smith is also looking into aspects of the Jan. 6 attack on the U.S. Capitol.

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