PRESIDENT JOE BIDEN and his supporters have sought to downplay the significance of the improperly handled and stored classified documents discovered at the Penn Biden Center for Diplomacy and Global Engagement, a think tank where Biden maintained an office. The documents are believed to relate to his time as vice president under Barack Obama. But then it emerged that another batch of classified documents was recovered from Biden’s personal garage at his home in Delaware. Attorney General Merrick Garland has appointed a special counsel to investigate the matter.
Former President Donald Trump and his supporters have defended his transfer of classified materials to his resort at Mar-a-Lago, claiming that the president had authority to declassify the materials. That case is also the subject of a federal investigation.
It is a barely concealed secret in Washington, D.C., that for decades, elite politicians have engaged in some form of bending or breaking the rules on classified documents — in some cases for plausibly benign uses as writing memoirs. Bill Clinton’s former national security adviser Sandy Berger stole documents from the National Archives in 2003 by stuffing them inside his clothing and then destroyed some classified materials. He claimed he wanted to review the documents to prepare for his testimony before the 9/11 Commission. Gen. David Petraeus was forced to resign as CIA director in 2012 after it was revealed he had improperly handled classified materials, including taking some to his home and sharing them with his biographer with whom he was having an affair.
While there have been cases where criminal charges have been brought — Berger was fined $50,000 by a federal judge and lost his security clearance, and Petraeus got two years probation and a $100,000 fine — it is rare for a high-profile figure to face any meaningful criminal consequences for such actions. That, of course, is not the case with whistleblowers — including Reality Winner, Jeffrey Sterling, Terry Albury, and Daniel Hale — who have been aggressively prosecuted under the Espionage Act and sentenced to lengthy prison terms.
The revelation that Biden illicitly stored classified materials, including in his garage, is a grave embarrassment to the president, particularly in light of the fact that Democrats have hammered away at Trump for months over the classified documents he retained at Mar-a-Lago. But there is also a relevant story from Biden’s past that bears mentioning.
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