Biden White House collaborated from the start on Trump documents probe, emails show

Newly published emails show the Biden White House cooperated with the National Archives in the Justice Department's classified documents case against Donald Trump – which allowed the White House to build a predicate for the federal case against Trump that was ultimately dismissed, America First Legal says. 

The emails, which were obtained in a lawsuit and released by the nonprofit conservative public interest group, show then-Deputy White House Counsel Jonathan Su took a phone call with National Archives and Records Administration officials to discuss the missing boxes allegedly retained illicitly by Trump in September 2021, delaying the agency’s referral to the Department of Justice until after the White House filed a “special access request” the following year. 

“New NARA emails further confirm that the classified documents case against President Trump was a sham prosecution that involved the Biden White House from the start – long before NARA’s official referral of classified documents to DOJ for investigation,” America First Legal posted to X. 

The federal case that was ultimately dismissed centered on allegation that Trump after losing 2020 reelection took classifiied documents to his Mar-a-Lago home in Flordia.

“This new timeline is further proof that Biden’s FBI raid on [Mar-a-Lago] was never about securing classified documents — it was always about weaponizing the full force of the Department of Justice against President Trump by whatever means necessary,” the group said.

On Sept. 15, 2022, NARA general counsel Gary Stern wrote to his colleagues that he had brought Su “up to speed on the issue” of the missing boxes. 

“this [sic] week Jonathan told me that they are open to having [redacted] participate in a meeting with [redacted] and possibly [redacted], the former Staff Secretary who was [redacted] principal source. Accordingly, they need access to war notes from the last administration, which we now hold — so they will be making a special access request,” Stern wrote.

The emails show NARA abandoned sending a letter to the DOJ about the case at that time due to the ongoing discussions between the White House and Trump’s legal team. NARA admitted that the cooperation of Trump’s team on the document issue “could help to clarify, if not actually resolve, the issue,” eliminating the need for a wider probe. 

But, as Trump’s team tried to fight the requests to turn over the documents, which they argued rightfully belonged to the former president, America First Legal previously argued that the Biden administration used the future “special access request” to create the predicate for an FBI-led raid of Mar-a-Lago to obtain the documents. 

Just the News first reported in 2022 how the Biden White House worked directly with the Justice Department and National Archives to instigate the criminal probe into alleged mishandling of documents. The White House eliminated the 45th president’s claim to executive privilege and allowed the FBI to review evidence retrieved from Trump’s Florida estate that spring, kicking the probe into high gear.