WASHINGTON – As Joe Biden prepares to exit the White House for a second time, the process of packing is underway once again. In his previous departure, Biden unintentionally took thousands of documents, some of which were classified and should have been transferred to the National Archives for preservation. This incident triggered a federal investigation into potential legal violations on Biden’s part, alongside a damaging report from the Justice Department that characteristically described him as an “elderly man with a poor memory.” This sparked public worries about his cognitive abilities and ultimately influenced his decision to withdraw from the race.
The uncovering of these documents also diminished the seriousness of the criminal charges facing former President Donald Trump, who has been accused of intentionally mishandling classified materials at his Florida estate. This situation further fueled Trump’s narrative of being politically targeted and unfairly treated. With moving vehicles once again parked outside the White House, Biden’s staff is sorting through documents and belongings for storage as he readies to leave next week. The administration has assured that a revised, more secure process will be established for handling classified information, although specifics from a federal task force initiated by Biden to refine these practices have yet to be presented before he departs.
White House Press Secretary Karine Jean-Pierre emphasized the importance of following established rules and traditions during this transition, reinforcing the administration’s commitment to managing the packing process appropriately. Earlier this year, Biden established a task force aimed at researching previous transitions to identify effective methods for protecting classified information when an administration concludes. This initiative also sought to assess whether changes in current guidelines are necessary to prevent sensitive material that legally belongs with the National Archives from being removed.
Barbara Perry, who leads presidential studies at the University of Virginia’s Miller Center, suggested that being overly cautious and storing more documents securely would be prudent. She stressed the importance of keeping state secrets secure while also advocating for a re-evaluation of how documents are classified and ensuring they are properly transferred to the National Archives.
Typically, when a president leaves office, they must meticulously evaluate the items they have accumulated over time. Biden is currently engaged in this process, where he is entitled to take personal belongings such as diaries and family photographs. However, most documents, especially classified ones, are required to be turned over to the National Archives as mandated by the Presidential Records Act of 1978, a law designed to maintain presidential records as property of the government in the wake of the Watergate scandal.
Despite this policy, the enforcement surrounding the handling of classified documents has historically been erratic, relying significantly on the integrity of top officials. Over the years, classified materials have surfaced in various places, including garages and storage units belonging to those who have held high office. When officials discover that they possess classified documents, they usually return them without issue. In contrast, Trump has been charged with felony counts for allegedly holding onto sensitive materials after leaving office in 2021, as law enforcement undertook an unprecedented operation to recover these records.
The case against Trump involves allegations of storing these documents across different areas of his Mar-a-Lago estate, resulting in the indictment citing numerous sensitive pieces of information, from U.S. defensive capabilities to vulnerable military plans. When Biden completed his term as vice president in early 2017, he stored some documents in his garage and at a think tank. He claimed surprise upon discovering classified materials in his possession, asserting that he immediately reported and returned the documents to the Archives upon realizing their presence.
The ongoing investigation into Biden’s handling of classified documents began after his personal lawyer uncovered files at the Penn Biden Center in November 2022. His transparency led to further searches at his home, revealing more sensitive materials. Biden cooperated with Justice Department inquiries, even participating in an interview with special counsel Robert Hur, who was tasked with examining the situation.
Hur’s final report identified numerous classified documents at Biden’s residence and former Washington office, with most appearing to have been inadvertently taken from government settings. Although some documents were found that Biden knowingly retained, investigators concluded that criminal charges were not justified. Following the report’s release, Biden emphasized his collaboration, stating that he never obstructed the inquiry. This legal outcome was favorable for Biden but raised political implications regarding his mental sharpness, influencing public perception about his capability to run for re-election. Particularly after a challenging debate performance against Trump, the pressure mounted, leading to Biden’s withdrawal from the race. Subsequently, Vice President Kamala Harris had a limited timeframe to assemble a campaign for the presidency, which ultimately concluded with Trump’s victory in the 2024 election and his return to the White House.
