A dozen documents marked as classified have been discovered in former Vice President Mike Pence’s home in Indiana, CNN reports.
A lawyer for Pence found the documents and turned them over to the FBI, CNN reports, and the FBI and the National Security Division of the Justice Department are now reviewing them.
Pence has repeatedly insisted that he was not in possession of any classified documents whatsoever after his single term as Donald Trump’s vice-president ended in January 2021.
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Pence reportedly asked his lawyer to search his home “out of an abundance of caution” following the recent discoveries of classified documents at Mar-a-Lago, Trump’s private club in Palm Beach, where he took up residence after losing the White House, and at Joe Biden’s home in Delaware.
The outlet obtained a letter written by Greg Jacob, Pence’s representative to the National Archives, which said the “small number of documents bearing classified markings” had been sent to Pence’s home by mistake.
“Vice President Pence was unaware of the existence of sensitive or classified documents at his personal residence,” the letter said. “Vice President Pence understands the high importance of protecting sensitive and classified information and stands ready and willing to cooperate fully with the National Archives and any appropriate inquiry.”
According to sources cited by CNN, Pence staffers did a “rigorous” job of culling classified material as the vice president prepared to vacate the White House. However, the classified materials in question were packed separately from Pence’s personal papers, which could have allowed them to slip through, the sources said.
The Presidential Records Act mandates official White House records be turned over to the National Archives at the close of an administration.
The classified material at Mar-a-Lago came to light following a protracted battle between the National Archives and Trump, who the feds say refused to return highly classified documents that could have put lives at risk. Trump, who has offered various explanations for why he kept the materials, has not been cooperative with investigators, according to court filings. Biden and Pence both say they are working with the Department of Justice in the name of full transparency.
In an interview last week with Fox Business host Larry Kudlow, director of the National Economic Council under Trump, Pence described his careful handling of classified materials during his stint as VP.
Sensitive documents were kept in a safe in Pence’s official residence, he said. After reviewing them, Pence said he followed proper procedures, which normally meant they were destroyed in a “burn bag” by military aides.
Under the law, intent is key when evaluating a case involving mishandled classified documents. Criminal charges come into play only if a person “willfully retains” government materials they are not entitled to, and “fails to deliver it on demand.”
