On Monday, Judge Aileen Cannon released an unredacted version of former President Trump's motion for discovery in the Mar-a-Lago classified documents case. The document appears to show collaboration between the National Archives and Records Administration (NARA), the Justice Department, and the Biden administration to develop the case.
In one section titled "Early Indications of NARA Bias," which was heavily redacted in its original, January 16 version, it now states that NARA General Counsel Gary Stern sent an internal email attaching a draft letter to President Trump’s [Presidential Records Act] representatives. Stern noted that he 'had several conversations' with [White House Office of Records Management]'s [redacted] and that [redacted] had 'raised some of these concerns directly with David [Ferriero, NARA’s Archivist]."
"Stern’s draft concluded that 'things were very chaotic, as they always are in the course of a one-term transition,' and he acknowledged that 'the transfer of the Trump electronic records is still ongoing and won’t be complete for several more months.'"
Here's the zinger:
The section continues, "On October 5, 2021, Stern sent an internal email describing a strategy to 'time' NARA’s public communications with Congress in order to prejudice (sic) President Trump. Stern’s email attached a 'draft letter to the Hill re social media records,' which he proposed to 'run … past WH Counsel' before notifying President Trump."
"Three days later, the Biden Administration instructed NARA to reject President Trump’s assertion of executive privilege and to disclose records to the Select Committee to Investigate the January 6th Attack on the United States Capitol (the 'J6 Committee')."
RealClearInvestigation's Julie Kelly released images of the redacted and unredacted documents, also on Monday.
This looks like a direct effort by the Biden administration to influence an investigation by the Justice Department and the National Archives.
President Biden, of course, had classified documents stored in open boxes in his garage, some dating back to his tenure as a senator, during which time he had no business removing or retaining classified information. Nothing to date has come from that issue.
Imagine if things were reversed and a Republican presidential administration had engaged in such actions against a Democratic candidate; the hue and cry would have been heard all the way to Enceladus.
Judge Cannon has been the subject of criticism for her handling of the case, and she has recently made several decisions that would appear to be favorable to the Trump legal defense.
Since being assigned the case, Cannon has issued a series of decisions unfavorable to the Department of Justice. During a March 14 hearing, she pointedly forced the government to admit that no former president or vice president has ever been prosecuted under the Espionage Act. In so doing, the judge hinted at what many perceive to be a double standard toward Trump, days after Special Counsel Robert Hur testified before Congress on why he did not bring similar charges against President Biden, Trump’s political foe.
The classified documents case has largely been overshadowed by the ongoing criminal trial in New York, but it remains one of the ongoing legal efforts to paint the former president in a bad light to the voters before the 2024 election. Also, it's unclear as to whether these revelations comprise collaboration as such, but at the very least, it's an embarrassment for the Biden administration.