Recent unsealed documents reveal the close collaboration between the Biden White House and the National Archives and Records Administration (NARA ) in instigating the Special Counsel's investigation into former President Donald Trump's handling of classified documents. This coordination indicates a clear political agenda and raises concerns about the legality of the Justice Department's prosecution of the presumptive GOP nominee.
America First Legal released a thread of documents on Friday, believed to be obtained through the group's Freedom of Information Act requests.
The involvement of political figures from the Obama era in decision-making was highlighted in an FBI document from February 18, 2022, raising concerns about the investigation's impartiality.
Following the discovery of classified material, NARA General Counsel Gary Stern consulted with Jonathan Su, the current Deputy White House Counsel. Su directed them to contact the Justice Department's Associate Deputy Attorney General Emily Loeb and Associate Deputy Attorney General David Newman on January 21, 2021. AFL called Loeb and Newman "politicals who both served in the Obama White House Counsel’s Office."
On January 24, 2021, Newman advised involving NARA's Inspector General (IG) and the Office of the Director of National Intelligence (ODNI) IG, although an IG's authority is limited to internal affairs.
Emails and letters exchanged between NARA officials and White House staff taint the efforts to obtain and use President Trump's records as a political ploy. For instance, an email from NARA General Counsel Stern to the White House's Su on September 30, 2021, indicated the White House was "ready to set up a call to discuss the Trump boxes.”
As RedState previously reported, this week, an unredacted version of former President Trump's motion for discovery in the Mar-a-Lago classified documents case released by Judge Aileen Cannon has already suggested collaboration between NARA, the Justice Department, and the Biden administration. The motion shows bias within NARA, including internal emails from General Counsel Stern discussing strategies to prejudice President Trump and timing public communications with Congress. Three days after these communications, the Biden Administration directed NARA to reject Trump's claim of executive privilege and disclose records to the January 6th Committee.
Other documents included in the thread:
A letter from the Biden Administration to NARA in October 2021 falsely suggested reasons for producing Trump's records, potentially indicating political motives.
A November 2022 FBI letter requests access to Trump's records, highlighting ongoing interest from law enforcement in these documents after the Mar-a-Lago raid.
A document from May 2023 shows NARA providing documents to DOJ based on a Grand Jury Subpoena.
Another FBI document mentions a meeting involving White House Counsel, indicating the Biden administration's involvement in legal discussions surrounding Trump's records.
After the documents were published on Friday afternoon, members of Congress took to social media to react, with Rep. Dan Bishop (R-NC) writing:
Biden has weaponized our legal system to go after Trump. We've seen it proven again and again. Shameful and unlawful.
Republican Rep. Mary Miller, a Freedom Caucus member from Illinois, wrote:
The Biden WH coordinated and participated in DOJ prosecution of President Trump. BIDEN'S POLITICAL STAFF JOINED FBI WITNESS INTERVIEWS! Biden is using DOJ to actively interfere in the 2024 presidential election, which is why I voted AGAINST giving the Biden DOJ a blank check!
Additionally, Missouri Attorney General Andrew Bailey called the revelations "Insanity."
The collection of documents paints a picture of unethical collusion with political aims. The level of coordination and involvement of the Biden administration suggests a deliberate effort to manipulate legal proceedings, weaponizing the justice system against a political rival. The documents suggest compromised integrity of the investigation into former President Trump, casting doubt over the legality of the ongoing prosecution.
Judge Cannon has not scheduled the trial in the documents case, although Trump's attorneys have proposed an August start date in previous filings.