US National Archives asks ex-presidents to check for classified papers

The US National Archives has asked representatives for former presidents and vice-presidents on Thursday to review their personal records for any classified-marked documents in their possession after a series of such discoveries at the homes of Joe Biden, Donald Trump and Mike Pence.

The archives sent letters to the presidents and vice-presidents in the previous six administrations that are covered under the Presidential Records Act, which requires materials from their time in the White House to be turned over to the agency when they leave office.

The requests are understood to have gone to representatives for former presidents including Barack Obama, George W Bush and Bill Clinton, as well as former vice-presidents Dick Cheney, Al Gore and Dan Quayle, according to a source familiar with the matter.

The archives did not respond to a request for comment.

Representatives for the four former presidents have said that they had not retained any classified-marked documents after leaving the White House, though Pence himself also claimed he had returned everything to the government until a recent search of his home found otherwise.

Some of the documents at the UPenn Biden Center, the Guardian previously reported, included papers marked as classified at the Top Secret/Secret Compartmented Information level that were immediately reported to the National Archives, which in turn alerted the US justice department.

The attorney general, Merrick Garland, asked US attorney John Lausch on 14 November to conduct a review of the matter. After the additional papers were found late last year, Lausch recommended on 5 January that Garland appoint a special counsel to take over the inquiry.

Garland appointed Robert Hur, a top former Trump justice department official to serve as special counsel in the Biden documents case on 10 January, seeking to insulate the department from possible accusations of political conflicts after he named a special counsel to investigate Trump.

The department has typically pursued cases of mishandled classified documents criminally when they involve a combination of four aggravating factors: wilful mishandling of classified information, vast quantities of materials to suggest misconduct, disloyalty to the United States and obstruction.