U.S. attorney reviewing documents marked classified from Joe Biden's vice presidency found at Biden think tank
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Attorney General Merrick Garland has assigned the U.S. attorney in Chicago to review documents marked classified that were found at the Penn Biden Center for Diplomacy and Global Engagement in Washington, two sources with knowledge of the inquiry told CBS News. The roughly 10 documents are from President Biden's vice-presidential office at the center, the sources said. CBS News has learned the FBI is also involved in the U.S. attorney's inquiry.
The material was identified by personal attorneys for Mr. Biden on Nov. 2, just before the midterm elections, Richard Sauber, special counsel to the president confirmed. The documents were discovered when Mr. Biden's personal attorneys "were packing files housed in a locked closet to prepare to vacate office space at the Penn Biden Center in Washington, D.C.," Sauber said in a statement to CBS News. The documents were contained in a folder that was in a box with other unclassified papers, the sources said. The sources revealed neither what the documents contain nor their level of classification. A source familiar told CBS News the documents did not contain nuclear secrets.
Sauber also said that on the same day the material was discovered, Nov. 2, the White House counsel's office notified the National Archives, which took possession of the materials the following morning.
"The discovery of these documents was made by the President's attorneys," Sauber said. "The documents were not the subject of any previous request or inquiry by the Archives. Since that discovery, the President's personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in the possession of the Archives."
Garland assigned U.S. Attorney for the Northern District of Illinois John Lausch to find out how the material marked classified ended up at the Penn Biden Center. The review is considered a preliminary step, and the attorney general will determine whether further investigation is necessary, including potentially appointing a special counsel.
Lausch was nominated to be U.S. attorney by former President Donald Trump, and he is one of only two current Trump-era U.S. attorneys still serving. The other is Delaware U.S. Attorney David Weiss, who is leading an investigation into the president's son, Hunter Biden.
Lausch recently briefed the attorney general and will eventually submit a final report to Garland. The review is expected to conclude soon.
The Penn Biden Center is a think tank about a mile from the White House, in Washington, D.C., that is affiliated with the University of Pennsylvania and named for the sitting president.
The Presidential Records Act requires all presidential and vice-presidential documents be turned over to the National Archives. There are special protocols to keep classified information secure.
President Biden learned about the presence of the documents when his lawyer reported them to the White House counsel's office in November. A source familiar said the president is unaware of their contents. The documents are believed to be currently held in a secure location in Washington.
Lauch's review will examine, in part, how the documents got from Mr. Biden's vice-presidential office to the Penn Biden Center.
The Penn Biden Center and the University of Pennsylvania did not respond to a request for comment. The National Archives declined to comment
A source familiar said the Office of the Director of National Intelligence (ODNI) is aware of the Justice Department inquiry. The ODNI also declined to comment.
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