Let's go out front.
Good evening, I am Erin Burnett.
President speaking out here he
is moments ago at a summit with
other world leaders in Mexico.
>> People know I take classified
documents and classified
information seriously.
When my lawyers were clearing
out my office at university of
Pennsylvania set up a secure
office.
I was a professor at Penn.
They found documents in a box
you know, locked cabinet.
At least a closet.
As soon as they did, they
realized several classified
documents in that box.
They did what they should have
done, immediately called
archives, turned them over to
the archives and I was briefed
about this discovery and
surprised to learn there were
any government records taken
there to that office.
But I don't know what is in the
documents.
My lawyers have not suggested I
ask what documents they were.
I have turned over the boxes.
They have turned over the boxes
to the archived.
Cooperating fully with the
review which I open will be
finished soon and more detail at
that time.
>> Obviously emphasis on fully
cooperating.
There are questions though that
remain: Including why were
those at his former office?
Who had access?
Why didn't the white house
disclose this information back
in November?
Happens to have been six days
before mid-term elections.
Here is what we do know about
them.
According to a source, 10
classified documents U.S.
Intelligence memos found at
Biden's former office in
Washington, dates between
2013-2016 all of which were when
Biden was vice president.
Found in three or four boxes
contained on classified paper.
New GOP chairman of the house
intelligence committee.
Mike -- already Republicans are
expressing outrage.
>> Mayor Garland and department
of justice have to be
accountable if they don't treat
present Biden the same as former
president trump.
>> What more are you learning
about the specific documents?
>> Erin initial process that the
justice department was
undergoing review conducted by
the U.S. Attorney in Chicago
John lawnge.
Senior leaders have been briefed
on the basic findings they have.
Now decision rests with the
attorney general and what to do
next.
Among those options, of course
you heard calls from Republicans
they want to see exactly what
happened with Donald Trump
happened here.
One could be for the attorney
general to bring in a special
counsel to do a full blown
investigation.
You can bet if that doesn't
happen, you are going to hear a
lot more from Republicans.
That is one of the things Justin
department and attorney general
is going to have to weigh as
they make a decision.
This is a much more limited
incident.
Talking about 10 documents.
Far contrast to what we saw with
the trump administration.
Justice department called
obstruction and months to refuse
to turn over documents.
There are differences between
the two cases.
That said you know what is going
to have with the politics in the
city.
That is the reason why the
attorney general is still
weighing what to do.
>> Evan, thank you.
National archives asked Donald
Trump asked again, again, all
handed over look yourself, so
sorry.
Trump situation wouldn't be a
story.
It is very different.
Joining me now, strategic
communications.
This is the first time we have
heard about this.
What do you think, was it
satisfied? >> It was carefully written.
He said first of all, I was
surprised to find out.
That speaks to presumably
intent.
He didn't know, this is no cover
up. Some kind of accident.
They cooperated immediately.
That is an important
distinction.
But a lot of unanswered
questions one why didn't they
come forward first.
Administration need to embrace
this radical transparency to
depoliticize it as much as
possible.
We need to find out what the
contents were.
Absolutely appropriate to follow
the same principles regardless
of politics.
Imperative we do not let
politics muddy the watt every --
waters.
Above board and impartial.
>> That's right.
What John is referencing, these
documents discovered in November
week before the mid-term
elections.
They call today national
archives. They didn't disclose it.
That does raise questions about
the political timing.
Let's call it like it is.
>> This is a gift to the trump
camp.
This basically makes our case
for us.
He was standing by politics not
becoming transparent and coming
right out.
Speaks to the case prior
presidents mishandled classified
information, in this case vice
president.
Worst possible outcome, we lower
penalty.
Should be depoliticized.
There is a lot of unknowns.
We need to see where this goes.
Two cases apples and Oranges.
Each side is going to hear what
they want to.
>> To say just because this may
have been accidental and
cooperated nothing let's move
along wouldn't be right either.
>> Mayor, hold over did so to be
completely impartial.
Where do you think we are in
that?
>> All I can say when I first
saw the news, Democrats had a
great week with the debacle with
Kevin Mccarthy.
When I saw that news, oh, uncle
Joe not with the papers.
Listen. I was in office over 20 years
when it was time for me to go, I
didn't pack up my documents.
It is understandable.
He was surprised he didn't know.
Merit Garland doing the best to
present impartial assessment of
what happened.
I can say what we have seen is
totally different than what we
saw from trump.
No hiding in the dark in
mar-a-lago, look what we found,
not just these 10, take
everything and let us know if we
miss anything.
That is what we want to see from
elected officials.
That is what responsibility
looks like.
>> Looking at it from the law,
having classified documents is a
problem.
Intent matters.
When you look at here Z when we
talk about, right, they found
them.
They called national archives.
Lack of disclosure to the
public.
300 documents of trump's
classified, 60 top secret.
Biden has 10 in all.
He called right away.
Situations are different.
What does that mean?
>> What you said, intent is key.
Trump willfully obtained the
information, tried to conceal it
from the government.
>> He directed employee after
there had been a search to move
boxes. >> Directed another lawyer to
lie or make a false statement no
more documents in his possession
when there were.
That is about intent.
Did he have knowledge about the
documents? Did he intend to conceal them?
That is the problem.
For Biden if it turns out to be
true he was surprised and no
knowledge it is kind of case
closed.
>> From a legal perspective fair
to do nothing.
No penalty?
>> That's right.
>> I don't compare Biden to
trump situation.
It is what the Biden situation
when the doj does prosecute.
They wouldn't prosecute with
intent.
For trump they would prosecute
it is egregious in packing and
concealing the boxes.
That is the true comparison doj
will go through.
>> Again, John you hit the
politics.
We would like to say they don't
matter.
They do matter.
To that point, how important is
it when they did find out, this
is an accident.
Why should we disclose this and
muddy the waters.
They would be right.
Yesterday they didn't say
anything when they knew.
>> We are now two months after.
What have they been doing
previous two months?
What are the content?
Do they reflect on interest
Biden in any way.
That is what makes it incredibly
important to be radically
transparent.
If in deed this is ail a
complete accident and then