The Justice Department is scrutinizing how both former President Donald J. Trump and President Biden came to have classified records after they left office.
Attorney General Merrick B. Garland appointed a special counsel after the discovery of two batches of classified documents from Mr. Biden’s time as vice president.
How are the two cases similar, how are they different and what might that mean for both?
Guest: Glenn Thrush, a Washington correspondent for The New York Times.
Background reading:
- Special counsels are looking into both Mr. Biden and Mr. Trump. Here’s how the situations differ.
- Robert K. Hur has been appointed to oversee the investigation into Mr. Biden’s handling of classified documents. Who is he?
For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Indigenous peoples must be indiscretions for all the work. We are only five percent of the world's population, but we are protecting eighty percent of the world this biodiversity, so we are not only evicting. We are also a solution that was hindu, merou, Abraham, a rolex awards, laureate and environmental advocate who worked to raise the voice of indigenous people to help tackle climate change to discuss,
other inspiring leaders, visit n Y times, dot com, flash, modern dash leaders?
from the new york times. I'm sabrina tavern easy, and this is the daily
First, it was donald trump and now its president Biden, whose being investigated
on how classified documents ended up in his home. Today I spoke to my colleague, Glenn thrush.
on how the two cases are similar and how they are different and
what that might for
the
the
it's friday january thirteenth, so Glenn. We find ourselves at this really kind of bizarre moment where two presidents are now under investigation by a special prosecutor for how they've handled classified documents, donald trump and Joe Biden tell us about
this new case involving Biden and how we got here. Well, we were all sitting around on Monday night. Let's turn out of that breaking news when
the CBS report headset of Chicago Phoebe,
News has learned, the department of justice is reviewing classified obama, Biden, records founded a private office, one
huge by Joe Biden after he was vice president with the news that,
the! U s attorney in Chicago is investigating Joe Biden for having come.
Suffice documents
was a real bolt out of the blue. This development comes as we're justice department is in
instigating former president trump's handling of classified documents found
at mar really completely
scrambled the jets in terms of the folks who cover this and as
Details of this came out over the next couple of days. We began
to realize that this was not us
matter, and when one of the reports say, the report says
that lawyers who are shutting down. This Biden think tank
in Washington dc opened up a locked closet, cracked, open a box that seem to be marked personal and found approximately ten
classified documents that should not have been there and Glenn. When did they find the documents? The documents were found
amber second on the threshold of the mid term. Elections were also a couple of weeks before the justice department appoint
special prosecutor in the trump case in other two months ago. Right, I mean we're learning about this this week and that was november. That's right and you know the apparently followed the rules once
The documents were found for those folks of followed the trump case
we're supposed to handle. This is called
national archives. Until
that you have this material. Then they come over pick it up and ran
often times they'll inform the justice department, which has responsibility for overseeing this stuff too, and it looks like the Biden folks followed the rules in this particular instance, but it also raised a lot of questions troubling
questions about why we had not heard about this sooner and why
It was that this happened so close to this really consequential election and so with three action to this news: Glenn, what people say
well. I guess it depends on on who you ask. Sometimes people make mistakes. The key is, when you make a mistake, do you own up to it and try to do good?
right, or did you hide it in do out of the trap has been doing some josie made a mistake. I think folks, on the left and supporters of president Biden have emphasised,
difference between their behaviour in the trump teams behaviour. We learned that Joe Biden fresh from lecturing us about how donald trump was a criminal himself had unauthorized possession of secret darkness, but don't worry the reaction on the right
to accuse Joe Biden of hypocrisy, because he'd slam, Donald trump for retaining all the time
you mustn't marilla up what a double standard. Here
If br, they should be battering rams, knocking down his door. I mean with a right in his home. No, this is ridiculous, I mean and you nazi, so it sounds like right off the bat there's this effort by republicans to paint these two things as equivalent right
tromp keeping classified documents in moral, a and biden in his private office. So what were you thinking when, when the news broke? Well, when you look at the behaviour,
Of the Biden folks calling up the national archives being much more cooperative, it obviously compared very favourably to the actions of president trump and his team trump in his folks resisted, fame
sleep infamously when they were informed that he had to return material to the archives. Mr by
his team seem to be entirely cooperative. The big questions
raised earlier on, however, were much more about chronology, while a volunteer
they turned everything over. Why were we only learning about it? So far
to the game. You know if they had done
nothing wrong and behaved entirely according to regulations. Why don't they tell us about right? Ok, so that was monday.
What happened next? What happened? Next was tuesday, it's been a long wait. I've got it
by the end of monday. After the story broke, I got some tips that there might be other places where documents were found out.
At your hearing from your sources that the media we were. I don't think I was the only one so spent a good portion of tuesday chasing it unsuccessfully, and
wednesday rolled around and bloom,
This is an NBC news, special report. Tonight, the controversy over president Biden's handling of classified information is growing revelations. A second batch of classified documents has been discovered.
NBC news reported that at a second cash documents had been found this time in a different location from
The initial documents were found, a second trove, so so a pattern effectively yes still unclear. When these new documents were discovered and if Biden attorneys are still searching for more now top it really did ray.
A whole bunch of of new questions. So from monday to Wednesday, we moved from asking informational questions
how this happened and why it took so long to really questioning the motives of the Biden team? What were the new questions that it raised? The second trove, the second trove raised. First of all, it raised
about location. We determine pretty early on that. This stuff was in wilmington,
wilmington delaware, where Mr Biden lives right, it's not
where Mr Biden lives? It's where Mr Biden,
during the pandemic, did a lot of his events from his basement infamous waking. So it it's the place
he's made all of his major decisions and where he has strategizing for most of his political career. It's in a really important place as him
into Mister Biden as asmara logo is to president two soon other words, not just in office but actually his private home right and that
yeah sort of changes, the narrative and dynamic, because one of the criticisms MR trump had drawn from Democrats was there
he blurred the line between his work responsibilities in his home that he sort of personalized the presidency right. That was a big criticism of him. Well, you know
where was determined later, that Mr Biden had brought his stuff back to delaware, that again sort of in terms of the narrative, this story it raise questions is
well. Why was this stuff in his house right in them are also trying to figure out exactly what's in these days
sounds like some of them were briefing memos
on foreign governments, but we still don't know the full scope of classified material. That's been recovered from these locations.
So then, thursday roles around morning, swam and president Biden speaks off the cuff he's asked by to
material next year or bad. What were you thinking?
heck. Would you store classified documents in your house
near your corvette, but, as I said earlier this week
people, and by the way, my corvettes in a locker rash. Ok, so it's not like you should not the streets, but anyway
and he responded by saying the garage is locked, meaning, meaning
it somehow safe. Okay- and you know the big question
been looming over all the since Monday.
Whether or not the attorney general merrick, our would appoint a special council.
in the binding documents case, just as he did in the trunk documents case right in the eye.
Fix it at a really important. If your investigating one president's activities from an optics perspective you
do the same thing with another president, and so as
we're moving along thursday morning
We all got an email saying come on over at one fifteen merrick garland is going to make an announcement and good afternoon one fifteen on the dot. I'm here today to announce the appointment of Robert her as a special.
also garlon announces that he's appointing a special council to investigate the matter, Robert, her, the former
U s attorney in maryland, would be taking over. The binding case today notified the designated members of each house of congress of the
we then he does something. I was a little less expected
on the evening of november? Fourth, twenty twenty two, the natty provides a really detailed chronology
on all the events. On november ninth, the f b I commenced and assessment with one.
Really startling new detail, and that is on December twentieth. President Biden, personal council inform MR louse that additional documents bearing classification second batch of documents,
was actually called into the national archives by the Biden people on December twenty of much later than the first one, six weeks after the
batch, which really raises a whole bunch of new questions as to why did it?
take so long. You would figure
after finding those documents in washington, they would have scoured every other box to me
ensure that no similar material was there, but they waited. I am confident that mister her will carry out his responsibility in an even handed an urgent matter and in accordance with the highest traditions of this department. Thank you all about this investigation, and now Biden is in the very same boat as trump, both under investigation by d, J, special counsel,
well, you know on the surface, they're both being investigated by special councils, but I think the circumstances of each investigation remains vastly different will be re back. Support for this package comes from hell of fresh. According to a recent halifax survey. Forty three percent of people said they ve ended relationships if their partner with the bad cut
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This is made taylor and I cover the kansas city cheese for the athletic. Let it alone
locker rooms after gangs. When I walk in that locked room, I have the eyes and ears of our subscribers as a journalist. It's my duty to ask the hard questions and to get some true honesty from athletes and coaches. It's a real joy to cover football, to be a hunter and a gatherer of dues to get something. That's revealing that you may not be able to see on tv. I'm from Kansas city
So I want to see my entire life. I know that this was gonna, be my job. There are
hundreds of my colleagues who care just as deeply about their teams and give our subscribers those details that they could not have gotten anywhere else. You can personalize athletic so
seems leaves and writers at you care about. Most are right there when you open it up. The athletic is now included. Allow
with everything the new york times has offer. Will you subscribe to new york times all access?
I find out more about subscribing to the athletic in new york times all access at n y times dot com, slash athletic. I love Wardle, so tell us about the special counsel, Robert, her well he's really
Covered the waterfront in his career he's forty nine years old. He served as a pro.
The cuter in maryland done a lot of public corruption cases in maryland, but what is really best known for?
is serving as a as a trump appointed official in the justice department.
During some of the most chaotic times of the administration
He really made his name as the top deputy, a rod rosans time, a key justice department figure during the trial.
Administration and he's also worked other jobs in the building? He is a very
commodity, and you know it doesn't hurt that rob. Her is a registered republican who was appointed by president trump mark ireland
once people to understand that this will be an impartial investigation and why,
Exactly will this special counsel, Robert her be looking into like what exactly is the potential crime here.
We don't know what the crime is and I think we're just sort of way too early in the inquiry two to go there, what they're trying to fight
doubt. My understanding is what we are trying to find out. How did it
I get there first and foremost who handle them. Was this an oversight? Is it
through that none of MR by
staff or mr by
self
when in there and look at things and when you're looking
the broad range of potential criminality or anything that could have raised this flags. You always get to the issue of intent,
and again I'm not insinuating that this is where their headed, but it is
as a matter of course. Investigators try to get into the mindset of the people who are involved in these situations
and why, for instance, would they have waited so long to even look in
Itunes garage there could be completely innocuous answers to this, but that's the kind of broad
station that is typically taken place when these sorts of things go on in with the binding
destruction under any legal obligation to tell the public about this know. They were that's not
something that is being investigated. In fact, the department of justice likes to keep these things under wraps now should they have was
their obligation to inform the public that this was going on. You know, I think, that's another question, so, given all of that, how should we be thinking about the comparison between Biden in trump here?
that's a really good question on the morrow argo case. Their hold different set of circumstances, president trump
was issued a subpoena and the allegation.
That have been made that he didn't comply with the subpoena. We reported story after story about the behaviour
whose legal team signing attestations about documents that later turned out not to be true. So in the trunk case we
a lot more above the waterline. We know what the potential charges might be based on on the search warrant at marilla. Go there looking at a patent
obstruction of justice charge there looking at and espionage act violation from his handling documents? We
none of that information, yet in the bible,
and it seems like they are in the very early stages of trying to figure out exactly what happened, but do we know
whether a cover up might be part of the Biden inquiry, oh, where this is way too early for that we don't even know what they might be covering up. Ok, but I have to imagine that the trump investigation has become a lot harder with these Biden revelations right, because even if the two cases as it stands right now are different legally from the public's perspective, they're pretty similar right. They both took documents. They should have.
put them in their personal homes, and so given all of that, how is this situation going to affect the special councils investigation into trump? That's the big question here: right: will this circles
ants changed the way a special council use potential charges against Donald trump right. You know in terms of framing a case against MR trump prosecutors do consider.
These larger issues of how officials behave what is concern
to be standard and acceptable behaviour, and these revelations about president Biden
change the terrain of this entire debate and the fact that you
I have presented by
and someone who is repeatedly that he takes classification seriously as opposed to president trump, who has ensued.
waited that he can declassify things mentally changes the field. The question is: does it change things
internally in a legal way or is it just superficial political observation, but
you know? Ultimately, the trump case should it be brought would have to go before a jury, and these are the kinds of questions jurors ask glenn on the politics. It occurs to me that were finding out about these Biden documents in the very same week that republicans are now getting to work with our new house majority and a majority that they ve promised to use to investigate the administration quite a lot, and now this just gets dropped into their laps right. This huge new wind in their sales sabrina last week, we were talking about
many balance. It was gonna, take forgiven, mccarthy to become speaker and now we're talking about how many caches of documents have been found in various places associated with Joe by its joey. I'm having whiplash
The simple as that- and this is the way american politics works and twenty twenty three right and we move from crisis to crisis.
you started a new story. In fact, the only thing it
working in the bath. Hidden teams favour this week is the fact that people might be ready to move on by next week, but for republicans, who state
out a two year pattern of
allegations. This just gives them life blood could because a lot of the court.
and now that they're starting to ask which had they had previously focused on the hunter Biden case on
Social media: these are now questions that,
a large majority, the american people, regardless of their political orientation, but like answer so
is an investigation, that makes them look more reasonable and it makes their appeal have a broader base. So in that sense this is an absolute godsend for republicans Glenn. What stands out to you about this story?
What do you make of this moment that were in the point to me as an old one, but it's one that keeps recurring it's about. Donald trump gravitational field on american politics is quite likely that most people would not really care that much is a few clicks
if documents were found in in Joe Biden's think tank or garage it, you know it would prompt some republican investigations. It would be fodder for the right, but as a big issue, it wouldn't really exist.
but donald trump actions around marilla go the war,
or that he sort of staked out over what he got to keep and what he had to give back its changed. Everything
in politics, so now this issue,
It might have been a minor issue in previous presidencies in previous areas. Is now a big political problem for Joe Biden, thanks to donald trump
I just wonder if this sort of changes, the entire public perception of Joe Biden, here's a guy who got elected
positioning himself as a sort of a decent honourable rule, abiding alternative to donald trump? Well, nothing that has been disclosed thus far would deeply damage that but public perceptions of by
are very fragile and his approval ratings are not that great, so does
This dynamic. Where he's been able to take the high road against donald trump, where he's been able to portray donald trump as sort of the bad president and he's the good president, will he be able to continue to
do those effectively against someone. He might very well face again in the general election in twenty twenty four glenn. Thank you. Thank you. So much
we'll be right back.
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