Since the FBI searched Trump’s home in Florida for classified material in August with a search warrant, Pence has said that he had not retained any classified material upon leaving office. “No, not to my knowledge,” he told The Associated Press in August.
In November, Pence was asked by ABC News at his Indiana home whether he had taken any classified documents from the White House.
“I did not,” Pence responded.
“Well, there’d be no reason to have classified documents, particularly if they were in an unprotected area,” Pence continued. “But I will tell you that I believe there had to be many better ways to resolve that issue than executing a search warrant at the personal residence of a former president of the United States.”
While Pence’s vice presidential office in general did a rigorous job while he was leaving office of sorting through and turning over any classified material and unclassified material covered by the Presidential Records Act, these classified documents appear to have inadvertently slipped through the process because most of the materials were packed up separately from the vice president’s residence, along with Pence’s personal papers, the sources told ClNN.
The vice president’s residence at the US Naval Observatory in Washington has a secure facility for handling classified material along with other security, and it would be common for classified documents to be there for the vice president to review.
Some of the boxes at Pence’s Indiana home were packed up from the vice president’s residence, while some came from the White House in the final days of the Trump administration, which included last-minute things that did not go through the process the rest of Pence’s documents did.
The discovery of classified documents in Pence’s residence marks the third time in recent history in which a president or vice president has inappropriately possessed classified material after leaving office. Both Biden and Trump are now being investigated by separate special counsels for their handling of classified materials.
Sources familiar with the process say Pence’s discovery of classified documents after the Trump and Biden controversies would suggest a more systemic problem related to classified material and the Presidential Records Act, which requires official records from the White House to be turned over to the National Archives at the end of an administration.
On Friday, the FBI searched Biden’s Wilmington residence for additional classified material, an unprecedented search of a sitting president’s home that turned up six additional items containing classified markings. The search was conducted after Biden’s lawyers discovered classified material in Wilmington following the initial discovery of classified documents at Biden’s private think office in November.
Biden’s attorneys say they are fully cooperating with the Justice Department, seeking to draw a distinction from the Trump investigation.
The FBI obtained a search warrant to search Trump’s Mar-a-Lago resort in August. Federal investigators took that step because they believed Trump had not turned over all classified material despite a subpoena and were concerned records at Mar-a-Lago were being moved around.
Last week, Pence told Larry Kudlow in a Fox Business interview that he received the President’s Daily Brief at the vice president’s residence.
“I’d rise early. I’d go to the safe where my military aide would place those classified materials. I’d pull them out, review them,” Pence said. “I’d receive a presentation to them and then, frankly, more often than not Larry, I would simply return them back to the file that I’d received them in. They went in commonly into what was called a burn bag that my military aide would gather and then destroy those classified materials—same goes in materials that I would receive at the White House.”
