Joe Biden has remained silent in regards to the Trump investigation, now indictment, saying only that he was absolutely not involved and didn't know anything about it. Evidence has surfaced indicating that that is not only a lie, but Biden may have ordered the investigation into Trump.
Biden has maintained his ignorance for months and those around him and others in various branches of the government have upheld this general statement.
To further separate both Biden and his appointed Attorney General, Merrick Garland from the appearance of election interference, Garland appointed a special counsel to complete the investigation and indict Trump.
When the indictment was issued, the narrative was pushed that “Biden didn’t do it, the blame rests solely on a Grand Jury.”
Most sensible people accepted the belief that Joe Biden himself had nothing to do with the investigation and knew nothing about it as he claimed. This is due to the fact that it would imply election interreference so it was plausibly believable that Biden wouldn’t dare attempt such a thing.
Apparently, it appears as if Biden not only knew about it and knew everything that was going on, he appears to be the one who ordered the investigation.
Even more concerning is that it appears to be unlawful, and potentially illegal, on several levels.
National Archives and Records Administration
The National Archives and Records Administration (NARA), an independent federal agency, disclosed a series of documents related to the Trump records transfer for public review. In those documents is a letter to one of Trump attorneys declining to honor Trumps assertion of executive privilege to protect the nondisclosure of classified comments to the FBI.
This in itself is concerning since NARA has absolutely no authority to disclose anything to anyone as mandated by the Presidential Records Act (PRA). To obtain the physical documents, the DOJ must request them from NARA, they must have a legal purpose, and that purpose must fall under one of the exemptions in the PRA.
NARA violated the PRA in alerting the DOJ of the fact that there were classified documents in Trump’s records. Disclosing the fact that there were markings on the document is disclosing a portion of those documents.
Congressional law explicitly prohibits NARA from disclosing any portion of a restricted document.
After alerting the DOJ, the Department requested all documents with classified markings and subsequently opended investigations that led to an indictment.
The problem is that to release the documents in full so the investigations could be launched, Biden has to formally request them for that purpose, which he apparently did.
The Letter of Evidence
Biden has repeatedly claimed that the DOJ had not made him aware of any investigation into Trump. That is false. The highlighted excerpt of the NARA letter below clearly shows that the DOJ did indeed brief Biden of the classified documents in NARA’s custody that had been received from Trump and asked Biden to request the documents to initiate an investigation.
Neither agency could move forward without Biden’s request to override the Presidential Records Act and transfer the documents to the DOJ and FBI.
This appears to violate the law in itself because it uses an Executive Order to override both a congressional law and a Constitutional right. Moreover, NARA has absolutely no authority to declare a document a Presidential record or make decisions on what is, or is not, a Constitutional right of executive privilege.
In this case, it appears Biden gave NARA the authority to make this decision, which is not an authority NARA has under the PRA. You can also see the asserted Executive Order used to reverse Congressional law.
Finally, as shown in the following excerpt, it was Biden himself who made this request so that NARA could transfer the records to the two agencies.
Silent Joe
Biden has had his lips sealed regarding the indictment of former President Trump and for good reason, if he admits he was in any way involved, it could be considered election interference.
The letter is linked in the references below so those interested can be read the document in full, the excerpts above only highlight the relevant portions to this article. This letter was disclosed by NARA under the Freedom of Information Act on their website.
This letter is just a copy of a letter that appears to be from NARA, it doesn’t mean this is a certified and accurate copy of the letter as requested from NARA under the FOIA.
That said, it appears legitimate.
The Emerging Concerns
There are already allegations of election interreference flying around everywhere, however, nothing appeared intentional.
Now it appears that
- NARA may have violated the restriction of disclosure under the PRA
- NARA made a determination under an Executive Order.
- Joe Biden requested documents he would otherwise not have legal access to without asserting a requirement of performing a valid executive function (to investigate Trump).
- Joe Biden deterred authority to NARA to decide the legality of requesting these document, which is an authority NARA does not normally have under the PRA.
- As a result of 1 through 5, the investigation launched by both the FBI and DOJ may be unlawful.
- The result of the investigation led to an indictment of Donald Trump and that indictment appears frivolous (failure to state an offense sufficient for cause of action).
- Biden lied about all of the above repeatedly.
This is not an allegation or an accusation of anything, merely an interpretation of the appearance of what is already being alleged by multiple sources.
The only difference is that this accusation appeared implausible before, but now it looks factual.
References
- Fact Check Article
- Presidential Records Act — 44 U.S.C. Chapter 22
- Archivist Disclosures Website
- 🗎 Archivist Letter — Issued May 10, 2022 (PDF File)
- Image credit: National Archives and Records Administration