Biden uses his lawyers to find his classified docs
By: Jonathan Turley (New York Post)
So some of our members are/were correct.
S E E D E D C O N T E N T
President Joe Biden requested lawyers to search his home for additional documents instead of the FBI.
The discovery of a fourth set of classified documents, at the Biden residence in Delaware, has further undermined the White House's virtual mantra that the president "takes classified documents very seriously."
Putting aside the repeated movement of highly classified documents over six years, one curious element has emerged in this scandal: the use of private counsel.
Not only did President Joe Biden enlist lawyers to clear out his private Washington office; he then used them — rather than security officers or the FBI — to search for additional classified documents.
The initial use of lawyers is notable. While it seems a fairly pricey moving crew, Biden could argue a trove of documents might require a judgment on where they should be sent and whether they belong to Biden, the Penn Biden Center or the government.
But why was a legal team sent in six years after Biden took the documents on leaving as vice president? Were the lawyers specifically selected because they had clearances, an acknowledgment there might be classified material unlawfully housed in the office?
After the fourth batch of documents was discovered this week (the third found in Delaware), Richard Sauber, referred to as the "special counsel to the president," stressed that he has a clearance. Sauber admits the lawyers who found the first batch at the residence didn't have clearances but says he found the later documents.
House Republicans demanded the White House turn over all information related to its searches that have uncovered classified documents at Biden's home.AP/Jon Elswick
It remains unclear which lawyers were involved in which discoveries, whether they had clearances and (if so) at what level. In fact, it seems to suggest Biden continued to use uncleared lawyers after his team found highly classified documents Nov. 2 in the Penn Biden office closet in Washington.
That itself could be viewed as gross mishandling of classified information.
It's strange Biden did not use security officers or the FBI to conduct further searches. The president has a host of people who regularly handle classified material. So why use the lawyers?
The answer appears the same as in the case of Hillary Clinton's emails: control. Using private counsel allows Biden to raise attorney-client privilege. Trump also used counsel, but eventually the FBI raided his home to search and remove not just classified material but documents found in boxes with that material.
While that attorney-client privilege can be overcome under a "crime/fraud exception," it adds a level of initial protection. It also allowed Biden to control the discovery and initial record of the discovery of classified information.
The key to any investigation will be the chain of custody extending back to the documents' removal in 2017 when Biden left office. How these documents appeared in their discovered locations is known only to his lawyers. It's a link in the chain of custody that Biden effectively controls.
With Mar-a-Lago, the FBI was criticized for staging documents to be shown in the storage room. The photos were then leaked to an eager media. There will be no staged photos of documents alongside Time magazine covers for Biden.
Nor were documents he housed with classified documents removed. Indeed, it's not clear if the FBI will know what documents were stored in the same boxes.
What was potentially lost is significant. Classified documents are generally supposed to be in folders with a thick, colored border and large printed classification warnings. Were some of those folders observable before they were moved? If so, anyone could tell a pile contained classified material, including the president and passersby.
The FBI received criticism for staging Mar-a-Lago documents to be shown in the storage room. REUTERS/Marco Bello
Likewise, the initial discovery could show the context of surrounding material. The FBI at Mar-a-Lago carefully photographed that context and its search. Here, we're relying on counsel to have kept such a record when most lawyers would be reluctant to do so given the risk to their client.
The key is that unlike FBI agents, these lawyers are not acting on behalf of the public interest but for the president's personal interests.
If there are criminal charges, the key witnesses will be lawyers representing the president as an individual. They are more likely to minimize incriminating or embarrassing elements.
And they are themselves under scrutiny. Since they may not have had sufficient clearances to do this work, it is in their interest to downplay any expectations or warnings of additional classified material scattered around Biden's home or office.
Concern over the use of lawyers has only grown with time. Biden not only continued to have his lawyers search after the first discovery, but did so for months through subsequent discoveries.
Biden recently visited his Delaware home amid the investigation.AP/Patrick Semansky
After finding highly classified material in Biden's garage Dec. 20, private counsel — not the FBI — found another document in an adjacent room Jan 11. Sauber found more classified documents the next day.
Those last two findings followed White House assurances that the "thorough" search was "completed." It obviously wasn't thorough enough.
They raised another question. It would seem unlikely a document with a proper classified cover could be missed. The folder has thick red or yellow borders running around the edges and large black classifications like "TOP SECRET" emblazoned across the top. If that was missed, the earlier searches were clearly negligent.
Alternatively, and more concerning, the internal documents might have been removed from the folders and stored without cover. That would indicate someone removed and reviewed them — an act showing knowledge of the classified status. If they were removed at Biden's residence, he would be the chief suspect in such use.
It would utterly destroy the "inadvertence" defense.
Jonathan Turley is an attorney and professor at George Washington University Law School.
Tags
Who is online
566 visitors
And yes it is the same "crime".............................
Actually, what Biden has done for 6 years is worse (more criminal). As VP, he didn't have the authority to declassify any documents he removed from the White House. Trump, as POTUS, did.
Put another way, as President Biden can declassify documents butt as a disgraced defeated former President Trump cannot...
Jasper - imagine if you will - Trump was out of office 14 months and his residence was publically raided by the DOJ's toy-boys, the FBI, and no one from Trump's staff was allowed to be in the residence during the "raid". Yet, Biden was no longer VP for six years and "Biden's personal attorneys" conducted the "investigation" for finding the documents at three different locations and found just "Small amounts" of classified documents.
How much bullshyte do "they" think we'll swallow???
He needs to as overs classification in the Executive Branch is rampant.
So do you all believe trump's claim that a sitting president cannot be prosecuted?
Let's put this into factual reality.
Perhaps it's time to get into a Titanic lifeboat, because Adam Schiff already did!
Minor correction, if I may. FOUR locations. The Penn/Biden (CCP) think tank in DC and 3 different places in Biden's Wilmington ("Corvette") home that Hunter rented from his father for $50,000/month and LIVED IN with unknown people and visitors while his father was VP.
Might this "Hunter rental" been a Biden Family Syndicate/Ukraine/CCP money laundering operation?
I saw that and he is being ignored by the rest of the dems last I read.
There's no limit to some of their stupidity.
Quite a number of Democrats up for election/re-election in the 2022 mid-terms didn't want Biden campaigning for them within 100 miles of them.
And, if you'll notice, "No Visitors Logs" were kept because it is a private residence, so we'll never know how many of Hunter's money grubbing buddies did visit.
True. This has been SOP in both D and R presidencies.
Wasn't that the same reasoning for the Trump Administration when it suspended
"visitors logs" at the White House?
He can declassify documents from when he was VP; but only if his office classified them.
He cannot belatedly declassify them all now that he POTUS.
Hold Brandon to the same damn standards that you do Trump.
You mean the Bill Clinton defense?
Didn't hold water then; doesn't hold water now.
If they thought they would have had an air tight case against Trump they would have prosecuted. How many times did they try at the state and local level while Trump was president again? Still waiting for Democrats to finally "Get Trump".
Also, Presidents can sure as hell be prosecuted after they are impeached; or once they leave office. Just ask Trump again on that one.
No, they cited national security risks and privacy concerns as the reason.
It's interesting that prior to Obama, White House visitor logs were normally kept private until the President left office. Obama was the first to change that.
As far as visitors logs at their private residence, we know that the Secret Service does indeed keep records at the Presidents private residence as the SS had to turn over some logs for Mar-a-Lago in a FOIA lawsuit. I know the House is considering a bill that would require public disclosure of visitors logs at Presidents private homes, perhaps that would get bipartisan approval as I think these should be open all the time.
We have so much to learn about what happen with Biden.
Right off the bat, we have this claim that Biden lawyers discovered files while moving boxes. Who uses high priced lawyers to move boxes?
Doesn't everybody?
Anybody with a sense of duty after the Trump debacle?
I guess they will also let us know how many they find in Joes safe?
Rich people. Very rich people.
But he's "middle class Joe!" He takes the amtrak!
He is quite wealthy and has been for some time. Only dumbasses put any stock into those little bullshit slogans or nicknames. All that absurd pandering just annoys me TBH. Biden hasn't been middle class for decades and I have never thought of him as such. Just tell me what your policy priorities and objectives are, and tell me what you think our country's problems are and how you plan on fixing them.
I am only interested in your background as far as anything illegal, unethical, or shady as shit that you have done.
To add to that,
Interesting article on the potential liability the lawyers themselves can be in right now also...
As could anybody who worked in that facility. This is just from the one location. There are bigger issues with the garage and any other location these have been found.
The scope of the mishandling is being underestimated.
I'm not sure about their security clearances, but here's a list of who worked at the Penn/Biden "think tank" and have since been further rewarded:
Speaking of Michael Carpenter -- Remember the video of Biden bragging about his Ukraine quid pro quo at a Council of Foreign Relations meeting? The man sitting to the right of Biden is the same Michael Carpenter who was the Center's Senior Director ...
"It's a link in the chain of custody that Biden effectively controls"
So if his lawyers were acting on his behalf, and controlling the flow of information, we'll likely never learn the truth.
Greg - based on the actions of this administration, it isn't just likely we'll learn the truth - it's a proven fact that we won't learn the truth.
What specifically are you referring to?
That Brandon gets to use his hand picked sanitation team reeks of corruption. The fact that the DOJ, FBI, and NARA are letting them do it reeks of favoritism and hypocrisy. I am sure the sanitation team is carefully searching everywhere for documents- including those places Brandon doesn't want them looking- and might contain other incriminating evidence. I am also sure Sauber believes he is the one that found the other batches (after the sanitation team pointed him in the right direction- as in literally to the documents.). I am also sure that any documents that are damning to Brandon haven't been disposed of.
Trump's lawyers were on hand during the Mar-a-Lago FBI raid; but they were not allowed in to witness and document what was removed. Including Trump's passport; and some of Melania's dresses.
There needs to be a full investigation into this double standard; and parties at the DOJ, FBI, and NARA held accountable.
You never know where Bill Clinton's DNA will show up.../S
[deleted]
How sad are you going to be when nothing criminal or nefarious is exposed?
How sad are you going to be when everyone with a functional brain demands that Trump be held to the same standards as Hillary and Brandon. In other words none!
Richard Sauber is a Federal employee hired by the White House to act as 'special counsel to the President'. Sauber is not Biden's private attorney. So, it's unclear if Sauber's involvement provides attorney/client protection for Biden. If Biden is using the Office of President to protect himself from scrutiny over private crimes then that, in itself, is a crime. It looks like this may turn into Bidengate before it's done.
Of course it's speculation at this point but it appears Biden is now a lame-duck. There have already been calls within the Democratic Party for Biden to not seek reelection. And we all know how Democrats use controversies like this to get what they want. Democrats are going to be turning on Biden and they will likely blame Republicans as justification.
I watched some left-wing shows this weekend, and the interviews and commentators have started jumping off the Titanic. It's possibly a political move to destroy Biden's chance of running in 2024.
I hope he doesn't run, he doesn't need to. I really don't wanna have to choose between Biden and Trump again. Obviously i would pick Biden because I will never vote for Trump, but I would prefer a better choice.
If anything the Democrats need to start getting behind someone else, preferably 30 or so years younger and without 100 years of political baggage trailing behind them. Do it now, get a good 2 years worth of fundraising and support building around them and then take back the house in 2024. The Senate will probably be roughly the same, and as long as Trump is involved the presidency is the Dems to lose (of course they pulled that shit off in 2016 so who knows...).
Sure reward Democrats for all of the BS they have put this country through for the last 6 plus years and counting.
Running the country into a ditch at every level leading us into a recession should be rewarded!/S