Posts from conservatives distort past presidents' handling of classified records | Fact check

Sudiksha Kochi, USA TODAY
·5 min read
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The claim: Clinton, Bush, Obama, Biden and Pence all took classified documents after leaving White House

A June 7 Instagram post (direct link, archive link) from Donald Trump Jr. shows a screenshot of a tweet from conservative commentator Alex Bruesewitz.

"Clinton takes classified documents: *no charges,*" reads the post. "Bush takes classified documents: *no charges.* Obama takes classified documents: *no charges.* Biden takes classified documents: *no charges.* Pence takes classified documents: *no charges.* THIS DOCUMENTS CASE AGAINST TRUMP IS TOTAL BSQ!"

The post generated nearly 40,000 likes in less than two days and the tweet amassed over 16,000 likes. Similar posts have generated hundreds of interactions on Facebook and Instagram.

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Our rating: Partly false

While former Vice President Mike Pence and President Joe Biden have yet to be charged for improperly having classified documents in their possession, there is no evidence former Presidents Barack Obama, George W. Bush, Bill Clinton or George H.W. Bush took classified documents with them after leaving the White House.

Obama, Bush and Clinton did not take classified documents after leaving White House

Former President Donald Trump was indicted on June 8 for allegedly mishandling classified documents he took with him after his presidency, USA TODAY reported.

Under the 1978 Presidential Records Act, presidents must transfer custody of all their presidential records, including any classified documents in their possession, to the National Archives and Records Administration when they leave office.

But while Donald Trump is not the only former president to have been found with classified documents improperly in his possession, the Instagram post mischaracterizes how frequently this occurs.

There are no credible news reports about several of the former presidents mentioned in the post, including Obama, George W. Bush, Clinton and George H.W. Bush, taking classified documents with them after leaving the White House.

Aides to Obama and George W. Bush both previously told USA TODAY that all classified documents were turned over to the National Archives and Records Administration, in accordance with the Presidential Records Act, after the former presidents left office.

The archives agency wrote in an Oct. 11, 2022, statement that it securely moved presidential records from the George H. W. Bush, Obama, Clinton, George W. Bush and Ronald Reagan administrations to temporary facilities located near future presidential libraries that "met strict archival and security standards” and were supervised and staffed exclusively by agency employees.

“Reports that indicate or imply that those Presidential records were in the possession of the former presidents or their representatives after they left office, or that the records were housed in substandard conditions, are false and misleading,” the statement says.

Fact check: False claim that classified documents were found at the University of Delaware

Classified documents found at Pence and Biden residences

The post is correct that Pence took classified documents and faced no charges. In January, about a dozen classified documents were found in Pence’s home in Indiana, as USA TODAY reported. An FBI search of his home in February yielded an additional classified document, but the Justice Department reportedly decided in June it wouldn’t pursue charges against Pence.

The post is also correct that Biden took classified documents with him after his time as vice president. Biden’s lawyers discovered classified documents in both his Wilmington, Delaware, home and at the Penn Biden Center, a D.C. office formerly used by Biden when he was vice president, as USA TODAY reported.

Biden is still under investigation by special counsel Robert Hur for his handling of the classified documents, and it is unclear whether he will face charges.

Pence and Biden's cases differ from Trump's case

While it is true that Biden and Pence took classified documents, their cases differ from Trump's case in some aspects.

Marc Scholl, who served as a criminal prosecutor in New York, said it appears that representatives for both Biden and Pence informed the government of the discovery of the classified documents. He said it also appeared that both men were fully cooperating with government efforts to retrieve any and all classified documents.

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That's different from Trump's situation, in which he allegedly "misled investigators, lied about his possession of the documents, and did not return them once requested," according to Michael Bachner, former Manhattan assistant district attorney. There are also alleged issues of obstruction and the illegal retaining of documents, he said.

USA TODAY reached out to Donald Trump Jr. and the social media users who shared the claim for comment but did not immediately receive a response.

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This article originally appeared on USA TODAY: Post distorts past presidents' handling of records | Fact check