The Phoenix

Biden should stick to facts in drama over documents

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Well, that was fun while it lasted.

President Joe Biden benefited mightily from the 15-ballot display of disarray by House Republican­s to settle the usually routine matter of electing one of their fellow partisans to be speaker of the House. But that was before he fell into a classified document drama of his own.

Last week Biden tried to show with a visit to the southern border that he was serious about border security. The documents scandal flap followed him.

The same thing happened two days later when he tried to take some credit for a slowdown in inflation. The questions from reporters turned into an interrogat­ion over the documents.

From a brutally raw political viewpoint, the nagging controvers­y over the documents has ended a winning streak of good news that followed the worsethan-expected performanc­e of Republican­s in November’s midterm elections.

The bad news for the White House is the administra­tion’s tepid public relations performanc­e so far, as they try to drum up some confidence that Democrats will be able to hold onto their message and hold off added turbulence that could face Biden’s expected announceme­nt soon of another presidenti­al run.

For now, the best news for Biden is that he still apparently faces less legal exposure than former President Donald Trump. A lot less.

This much we know: When

Biden’s lawyers found the first secret vice presidenti­al file in his former Washington office last fall, they cooperated swiftly with the National Archives.

That simple act may have spared him the potentiall­y criminal exposure from the discovery that Trump potentiall­y faces over his own document haul in his Florida estate. Trump had to be hounded for the government documents, including classified material that was only retrieved when the FBI executed a search warrant at his home. And more documents were found even after the former president’s lawyer signed an affidavit saying everything had been located.

Some of Trump’s allies gamely tried to argue that a president can declassify a document just by thinking about it. In this telling, any documents Trump brought home had been declassifi­ed just because he took them.

The presidency is governed by more than willpower. There are laws, rules and constituti­onal constraint­s, especially when you’re dealing with something as sensitive as national security.

But in politics, perception­s can matter as much as statutory laws. When the public learned that a second batch of classified material from Biden’s time as vice president had been found in his Delaware home, the informatio­n was relayed to the Justice Department before Christmas.

Yet the White House failed to disclose it when the Biden administra­tion spoke about the initial batch of documents found last year in an office Biden previously used at the Penn-Biden Center in Washington. That made the new disclosure look like the administra­tion was willing to tell all to the Justice Department, but not to the American public.

Fortunatel­y for Team Biden, the Justice Department considered having FBI agents monitor a search by Biden’s lawyers for classified documents at his home, but decided against it. That was partly to avoid complicati­ng later stages of the investigat­ion, and partly because Biden’s lawyers were cooperatin­g.

Let’s hear it for transparen­cy. The White House will have to face a Washington scandal, including the inevitable question: “What did the president know and when did he know it.”

But, as much as partisans will hear what they want to hear, it is crucially important that they cling transparen­tly to the truth — and avoid the wrong perception­s.

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