How Biden, Trump and Pence classified documents cases compare

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US President Joe BidenImage source, Getty Images

Three men serving at the very top of the US government - Donald Trump, Joe Biden and Mike Pence - appear to have mishandled classified documents. How do their cases differ?

Mr Trump seems to be in the deepest trouble. He is being indicted on seven charges related to files found at his Florida home.

Aides to Joe Biden discovered classified documents as they were moving boxes out of the president's offices at a Washington think-tank, then a second batch was found in a garage at his Delaware home.

Former vice-president Mike Pence also made headlines when documents were found unsecured at his home in Indiana.

This is how the three cases compare.

Who is leading the investigations?

Both former presidents have a special counsel looking deeper into what they did wrong.

Under the Presidential Records Act, White House records are supposed to go to the National Archives once an administration ends. Regulations require such files to be stored securely.

Jack Smith, a former war crimes prosecutor, has brought an indictment against the former president, who faces seven charges including mishandling classified documents and obstructing efforts to investigate.

And a Trump-appointed prosecutor Robert Hur is looking into the Biden case, which is still ongoing.

In Mr Pence's case, he had the US Justice Department investigating why those files were misplaced. He was told last week that they are not pursuing charges.

What missing documents have been found?

According to news reports, Mr Biden's personal lawyers found 10 classified documents - some marked Top Secret - included in a box of other material in a storage closet at the University of Pennsylvania's Biden Center for Diplomacy and Global Engagement.

A "small number" of classified documents were found in a second discovery inside the president's garage at his Delaware home.

That contrasts with the more than 325 classified files - including some marked with Secret and Top Secret designations - discovered over the course of last year at Mr Trump's Mar-a-Lago estate.

The documents discovered in Mr Biden's office were marked "sensitive compartmented information", according to CNN, indicating the material could involve intelligence-gathering methods and sources. They reportedly included information about Ukraine, Iran and the UK.

Of the 300 Trump documents recovered at Mar-a-Lago, one set had a similar SCI designation.

Mr Pence's lawyers said a "small number" of classified documents were found at his Indiana home in January. The following month, FBI agents conducted a search and found new official papers including one marked classified.

The origins of the investigations

Mr Biden's personal lawyers discovered the classified documents as they were moving out of the Biden Center's Washington offices on 2 November. The following day, they turned the material over to the National Archives.

The second trove was found on 20 November as part of a search of all Mr Biden's properties by his lawyers.

The two-month gap between the first Biden discovery - days before the midterm elections - and the news being made public in January raises awkward questions for the president about transparency.

Media caption,

Watch: How much do you know about classified documents?

The discovery at Mr Pence's home was also made by his lawyers, who initiated the search as a precaution after learning about the Biden case.

In Mr Trump's case, the National Archives initiated contact with Mr Trump's office after determining that it did not have possession of some notable records from his presidential term - such as correspondence with North Korea's Kim Jong-un.

The former president's team provided the government with some material, including classified documents, but archivists did not believe the president's team had been fully co-operative.

That set in motion the FBI inquiry that led to the August raid of the Mar-a-Lago estate and the discovery of more than 100 additional documents.

How have Biden, Trump and Pence responded?

In the days after the Mar-a-Lago raid, Mr Trump accused the FBI and the Justice Department of pursuing a politically motivated investigation in an effort to prevent him from running for the White House again (a campaign he would subsequently launch in November).

Mr Biden, for his part, said Mr Trump's handling was "totally irresponsible".

Now that the president himself is being accused of mishandling classified information, Mr Trump has quickly gone on the offensive.

"When is the FBI going to raid the many homes of Joe Biden, perhaps even the White House?" he posted on his social media site.

Mr Biden has said that he was "surprised" there were sensitive documents at his former office and that he is co-operating fully with the review.

After the second find he was defensive under questioning.

When a reporter asked him why classified documents were kept alongside his prized Corvette, Mr Biden replied: "My Corvette is in a locked garage. OK? So it's not like they're sitting out in the street."

He added: "People know I take classified documents and classified material seriously. I also said we're cooperating fully and completely with the Justice Department's review."

Mr Pence always maintained the documents had ended up at his home "inadvertently" but he had taken full responsibility for the mistake.

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