On January 9, 2023, a story broke that classified documents were discovered at the Penn Biden Center for Diplomacy and Global Engagement, a “think tank” located in Washington, D.C. The White House acknowledged the discovery, and President Joe Biden indicated that he was “surprised” when he learned of the finding. However, neither Biden nor the White House mentioned until January 12 that other classified records had been found in Biden’s Delaware home.
What
do we know at this point about the situation with Biden’s classified document
fiasco? According to John G. Malcolm and Cully Stimson at The Daily Signal, we know
is that all the revealed information has been come from people who close to
President Biden and has been selectively filtered through the media trying to
protect Biden.
We know that some documents were supposedly found “unexpectedly” in a locked closet at the Penn Biden Center, while others were found in the Biden garage and library in Delaware. It has also been reported that the “University of Pennsylvania has received more than $30 million in donations from anonymous Chinese donors” shortly after the Penn Biden Center opened in 2017.
What Is the Dateline for the Disclosure?
Malcolm and
Stimson provided the following dateline for the discovery.
On Nov. 4, the National Archives
Office of Inspector General notified the Department of Justice of the
discovery. The FBI commenced an investigation five days later, and the day
after that, the Justice Department notified Biden’s lawyers that it is looking
into the matter.
On Nov. 14, John Lausch, the U.S.
attorney for the Northern District of Illinois and an appointee of former
President Donald Trump, was tasked by Attorney General Merrick Garland with
conducting a preliminary investigation.
On Dec. 20, Biden’s lawyers informed
Lausch that they had found a “small number” of additional classified documents
in a storage space in the garage of Biden’s private home in Wilmington,
Delaware, where he keeps his 1967 Corvette Stingray. According to Bauer,
the Justice Department took possession of those documents the next day.
On Jan. 5, Lausch briefed Garland
about his preliminary conclusions and recommended the appointment of a special
counsel.
On Jan. 9, … the story broke about the
discovery of classified documents at the Penn Biden Center…. The White House acknowledged
the discovery and added an additional page with classified information [had
been discovered in storage room.]
The same day, [Attorney General]
Garland appointed Robert Hur … as a special counsel to lead the investigation
into the matter.
On Jan. 14, the White House issued a
statement that yet another five pages of classified information had been
discovered in a storage room….
What Is Classified Material?
Among the classified documents are some that are labeled “Top Secret,”
and some “include briefing documents and intelligence reports involving
Ukraine, Iran, and the United Kingdom. Malcolm and Stimson wrote, “Assuming that
all of that is true, there are still a lot of answered questions. Not only
should the special counsel delve into these questions, but Congress should as
well.”
The
authors noted that those “questions fall into three broad categories: timing,
access, and damage assessment.” They then proceeded to suggest several dozen
questions that could be asked in the three broad categories as well as a fourth
- “other issues.” Malcolm and Stimson also defined the different types of
classified material.
Each level is supposed to convey the level
of harm that could reasonably be expected to occur if the information is
disclosed without authorization, as follows: “Confidential” (“damage to national
security”), “Secret” (“serious damage to the national security”), “Top Secret” (“exceptionally
grave damage to the national security”), and “SCI” (“Sensitive Compartmented Information”
describes classified information that is derived from or relates to sensitive
intelligence sources, methods, or analytical processes).
Additionally, some “Top Secret” information
is additionally categorized as “Special Access Programs,” a category that
limits access to a small group of top military and intelligence officials.
Classified
information can reveal intelligence gathering sources and methods, human assets
who cooperate with us in other countries, sensitive technological capabilities
or plans that we do not want our enemies to know. In addition, classified
information may contain the names of other nations that are cooperating with us
but do not want the world to know.
The
authors indicated that there are “Various federal laws, including the Espionage
Act, make it a criminal offense to remove, divulge, or destroy classified
information either intentionally or “through the exercise of gross negligence.” Numerous former military personnel and
federal employees have been imprisoned for removing classified material from
their bases. Penalties can be as much as ten years in prison plus hefty fines,
or death if convicted of espionage.
Retired
Army General and former CIA Director David Petraeus and former Clinton National
Security Advisor Sandy Berger pled guilty to charges of unlawfully taking
classified documents. However, former Secretary of State Hillary Clinton was
given a pass by then-FBI Director James Comey.
Biden
has handled the whole situation “poorly” in the words of the authors. However, he
may face serious political damage, but I do not believe that he will face
criminal charges.
What Should Congress Do?
The
authors encouraged Congress to “conduct vigorous oversight hearings” and “do
its level best to unearth exactly what happened, how it happened, why it
happened, and if there should be any consequences.” They added that “Congress
should, at the very least, review how classified documents were handled at the
end of the Obama-Biden administration in order to minimize the risks to our
national security in the future.”
None
of us know what all this means at this point. Both our current POTUS and the
former POTUS are being investigated for mishandling classified material. Some
people believe that the only reason that Garland appointed a special counsel for
Biden’s case is simply to avoid the look of a double standard after raiding
Trump’s home and appointing a special counsel for Turmp. Although the cases of
Joe Biden and Donald Trump are different in some respects, they also have many
similarities. However, if Trump is indicted and Biden is not, many more people “will
believe that there is a double standard of justice at the Justice Department
and the FBI.”
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