The materials were identified by personal attorneys for the president on November 2, just days before the midterm elections, according to special counsel to the president Richard Sauber. The documents were discovered when 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.
The documents were reportedly in a folder inside of a box along with other unclassified documents.
Sauber said that the White House counsel's office notified the National Archives on Nov 2 when the materials were discovered.
"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."
The Justice Department was then notified.
Former President Donald Trump had his Mar-a-Lago residency raided by the FBI over similar accusations of bringing unclassified files back with him once leaving office.
US Attorney for the Northern District of Illinois John Lausch was assigned by Garland to investigate how the documents arrived at the Penn Biden Center. The AG will determine whether further investigation is necessary.
CBS reports that "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 will submit a report to Garland, with that expected to take place "soon."
The Penn Biden Center is located about a mile from the White House in Washington, DC. It is affiliated with the University of Pennsylvania.
"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," CBS reports. "President Biden learned about the presence of the classified 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."
Former President Trump responded to the news on Truth Social, saying "When is the FBI going to raid the many homes of Joe Biden, perhaps even the White House? These documents were definitely not declassified."
This is a breaking news article and will be updated.
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