Good to see you.
Amna: One item house Republicans
are adding to their list of
priorities, investigating a
small number of potentially
classified documents discovered
at a private office president
Biden used after he was vice
president.
Incoming intelligence committee
chair Mike Rogers wrote to the
director of national
intelligence today, and called
for a damage assessment into the
documents and potential
violation of laws.
To help us understand what this
means, I'm joined by mark zaid,
an attorney who focuses on
national security issues.
Mark, welcome back.
There are questions and I want
to begin with the timeline.
According to the white house,
Biden's personal attorney found
the documents while packing up
and moving the files.
They notified the national
archives, handed them over the
next day.
This was in November.
Should they have disclosed this
in November when it happened?
Mark: There was no legal
requirement for them to have
done so, just as with trump and
mar-a-lago come of the public
didn't know about the situation
there for quite an extensive
amount of time until someone in
both cases, basically leaked the
information to the media to run
a story.
One could argue that perhaps the
oversight committees in congress
should have been notified in
both instances but I don't think
that happened with either case.
Overall, it is not that
surprising.
Amna: Unsurprisingly the
revelation was met with
criticism from Republicans,
comparing --
here is what Republican members
of congress had to say.
>> There's a true two-tiered
justice system stemming from
Merrick Garland's department of
justice.
>> Those classified documents
were known before the election,
and was intentionally concealed
to the Americans.
I think that's wrong.
>> How ironic.
I know Joe Biden was quick to
criticize president trump for
mistakenly taking some documents
that were apparently classified.
Amna: Mark, when you look at
what happened with former
president trump and what is
unfolding, are these
circumstances comparable?
Mark: Other than from the very
beginning, when there was the
disclosure or finding of
classified information, and even
then, it is different because
the government had to go after
president trump rather than the
government being notified by
president Biden's lawyers and
the national archives of this
fact of what happened.
They are incredibly different.
As a legal matter, anytime there
is classified information found
that is not where it should be,
that is significant.
There was sensitive information
in this and there will be a very
serious investigation by a
former trump appointed U.S.
Attorney, to look into this.
Apparently, that is almost
finished.
The circumstances are so
completely different.
Immediately, as you mentioned,
president Biden's lawyers
notified the national are
retrieved the documents right
away.
We will see where the facts
lead, but in the mar-a-lago
case, there was a repeated
effort for almost a year and a
half to get Donald Trump to turn
over the documents.
It was only after multiple
attempts to retrieve them, and
the execution of a search
warrant because there were lies
that were stated to the
administration to recover this.
Now there is factual evidence
that trump himself was hiding
and obstructing the
investigation.
Very different fact from what we
know as of now.
Amna: Do you agree there needs
to be a damage assessment?
Mark: That, absolutely.
That would be common.
It is very common that
mishandling of classified
information occurs,
unfortunately.
Individuals mistakenly take home
documents for work or they
retire and pack up their office
and five euros later, they find
them in their garage or attic.
Mostly, this is handled
administratively.
It is rare where some criminal
penalty happens if there is not
actual espionage or egregious
hoarding of classified
information.
There should always be a damage
assessment.
We have to see who accessed
these files.
How did they get there?
Where were they kept, in a
locked closet?
Did anyone get access to them?
That would be common and I would
expect the house and senate
intelligence committees will
receive a damage assessment at
some point, particularly after
the U.S. Attorney finishes his
investigation.
Amna: There is the ongoing doj
probe, the special counsel
appointed by Merrick Garland to
look into Mr. Trump's handling
of the documents.
Does this revelation have any
potential impact on that
investigation?
Mark: Legally it should not.
Politically is a completely
different creature.
As you have seen from the clips
you erred, this is and has been
seized by Republicans and will
continue to be, and what
concerns me is that frankly, the
average American is probably not
going to be able to understand
the difference between the
cases.
They will think president Biden,
classified records at his
office.
Precedent -- president trump,
classified records at his home.
But these cases are vastly
different.
Amna: Thank you for your time.
Mark: Thank you.