Amidst the ongoing legal battle surrounding former President Trump's handling of classified documents, another case involving sensitive government records is taking center stage. This week, the Delaware Supreme Court will hear arguments concerning President Biden's Senate records, which are currently held at the University of Delaware.
This legal challenge began in 2020 when the government watchdog group, Judicial Watch, and the Daily Caller News Foundation filed a lawsuit against the university under the state's Freedom of Information Act. This was well before Biden's presidency and the subsequent investigation into his possession of classified documents by Special Counsel Robert Hur.
Adding to the intrigue, the FBI has conducted two searches at the university as part of their broader investigation into classified documents found at Biden's private residence and former office at the Penn Biden Center. While the Judicial Watch v. University of Delaware case is a civil matter, it gains significant relevance in light of Trump's recent indictment for his alleged mishandling of classified materials.
President Biden's extensive collection of papers from his long Senate career is currently housed at the University of Delaware. The institution maintains that it is bound by an agreement with Biden that restricts public access to these documents until they have been properly processed and archived. University spokesperson Peter Bothum reiterated that access is contingent on President Biden's express consent.
Judicial Watch President Tom Fitton has called for greater transparency regarding the Biden Senate records and the agreement with the University of Delaware, questioning what the President might be concealing. The core issue revolves around public access to these records. The university asserts that Delaware law only mandates the release of information funded by taxpayers, claiming that the Biden papers are not supported by public funds. A lower state court previously ruled in favor of the university, leading the plaintiffs to appeal to the Delaware Supreme Court.
The significance of these records is heightened by Biden's former role as Chairman and ranking member of the Senate Foreign Relations Committee, a position that granted him access to classified information. Biden's personal attorney confirmed the discovery of classified Senate records during a search of Biden's Wilmington residence in January 2023. Attorney General Merrick Garland appointed Robert Hur to investigate Biden's handling of classified information, while previously appointing Jack Smith to investigate a similar matter involving former President Trump.
