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Biden’s lawyers found classified material in his former office

Biden’s lawyers found classified material in his former office

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The Justice Department eventually received a grand jury subpoena for classified documents remaining in Mr. Trump’s possession, and a lawyer for Mr. Trump turned over several more and told the department there were none left. But an FBI search in August turned up 103 more marked as classified — along with thousands of other official records.

A search warrant affidavit filed by the Justice Department suggests Mr. Trump is being investigated for obstruction, along with possible violations of the Espionage Act, which criminalizes the intentional withholding of national security documents and failure to provide them when requested by a government official. , which has the right to take them into custody.

Still, whatever the legal issues, as a matter of political reality, the discovery will complicate the optics of the Justice Department potentially indicting Mr. Trump for his handling of the documents. Attorney General Merrick B. Garland has assigned that investigation, along with one into Mr. Trump’s efforts to overturn the results of the 2020 election and the Jan. 6 attack on Congress, to Jack Smith, who is serving as special counsel.

Mr. Lausch, one of two U.S. attorneys retained by the Trump administration, has been looking into the matter since early November, according to a person familiar with the situation.

The department’s leadership decided to make the unusual choice to outsource the case to relevant jurisdictions because Mr. Lausch was a Republican appointee and his work was likely to be seen as impartial, the person said.

Mr. Lausch was kept in office at the request of the two Illinois Democratic senators, Richard J. Durbin and Tammy Duckworth as he investigated Michael J. Madigan, a former speaker of the Illinois House of Representatives, during the 2021 presidential transition. In March, a federal grand jury indicted Mr. Madigan, a Democrat, on 22 counts of racketeering and corruption.

A spokesman for the department had no comment on the matter and did not say whether the National Security Agency, which is leading the investigation into Mr Trump’s withholding of documents at his Florida residence and resort, was also involved.

With Mr. Lausch investigating Mr. Biden’s handling of classified information, and David Weiss, the U.S. attorney in Delaware investigating the president’s son, Hunter Biden, both of Trump’s remaining U.S. attorneys in the department are now investigating the biden family.

Kate Banner contributed reporting.

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