Sens. Ron Johnson (R-Wisconsin) and Chuck Grassley (R-Iowa) are asking National Archives and Records Administration (NARA) Archivist Debra Steidel Wall to explain why she did not initially inform them that the FBI was reviewing nine boxes of President Biden’s records.

[O]n March 7, 2023, you confirmed that NARA retrieved nine boxes of Biden records from Pat Moore’s Boston office after Mr. Moore had moved them there from the Penn Biden Center.  When our offices asked NARA whether it has reviewed the contents of those nine boxes, you initially wrote, ‘NARA has not reviewed the contents of the boxes found at Mr. Moore’s Boston office.’ However, after our staff reiterated the question in an email, NARA General Counsel Gary Stern revealed that, ‘while NARA has not yet reviewed the contents of the nine boxes, the FBI has.’ If the FBI’s review occurred on or before your March 7 response to us, it is unclear why you did not disclose that information. It also remains unclear what steps, if any, NARA has taken to ensure that all records will be properly preserved before, during, and after the FBI’s review. 

Sens. Ron Johnson (R-Wisconsin) and Chuck Grassley (R-Iowa)

Read more about the letter in Fox News.

The full text of the letter can be found here and below.

March 27, 2023

Ms. Debra Steidel Wall

Acting Archivist

U.S. National Archives and Records Administration

700 Pennsylvania Avenue, NW

Washington, DC 20408

Dear Ms. Wall:

            We write in furtherance of our oversight of the National Archives and Records Administration’s (NARA) “knowledge with respect to the discovery of Biden records in Boston.”^[1]  On March 7, 2023, you confirmed that NARA retrieved nine boxes of Biden records from Pat Moore’s Boston office after Mr. Moore had moved them there from the Penn Biden Center.^[2]  When our offices asked NARA whether it has reviewed the contents of those nine boxes, you initially wrote, “NARA has not reviewed the contents of the boxes found at Mr. Moore’s Boston office.”^[3]  However, after our staff reiterated the question in an email, NARA General Counsel Gary Stern revealed that, “while NARA has not yet reviewed the contents of the nine boxes, the FBI has.”^[4]  Mr. Stern did not indicate when the FBI reviewed those records.  If the FBI’s review occurred on or before your March 7 response to us, it is unclear why you did not disclose that information.  It also remains unclear what steps, if any, NARA has taken to ensure that all records will be properly preserved before, during, and after the FBI’s review.

By way of background, you previously wrote to us that President Biden’s counsel told NARA that they “began their review of the materials in the Penn Biden Center in October 2022 and had moved some boxes to Boston.”^[5]  But, “NARA does not know the precise date(s) when that occurred.”^[6]  You confirmed to us that on November 3, 2022, President Biden’s personal counsel “informed NARA that Mr. Moore had moved other boxes from the Penn Biden Center to Mr. Moore’s law firm in Boston.”^[7]  On November 9, 2022, “NARA staff retrieved nine boxes from Moore’s Boston office” and “secured them in NARA’s John F. Kennedy Presidential Library in Boston.”^[8] 

            Given NARA’s recent revelation that the FBI has reviewed certain Biden records, please answer and provide the following no later than April 3, 2023:

1. On what date did the FBI request access from NARA relating to the nine boxes of Biden records secured at the John F. Kennedy Presidential Library in Boston?
   1. What FBI office requested access to these nine boxes of Biden records?
   2. Did the FBI take possession of the nine boxes of Biden records?
   3. If so, has the FBI notified NARA that classified material was discovered in the nine boxes of Biden records?

2. Is it standard practice that the FBI would review these records before NARA conducts a review for the purpose of identifying Presidential Records Act documents?
3. Has NARA requested Pat Moore to confirm that his office in Boston does not have any other Biden records?  If not, why not?
   1. Has NARA requested Pat Moore to provide the date(s) in which the nine boxes of Biden records were moved from the Penn Biden Center to Mr. Moore’s Boston office?  If not, why? 
   2. Please provide all records^[9] between NARA and Pat Moore. 

4. Has NARA provided all information related to these nine boxes of Biden records to Special Counsel Robert Hur? 

5. Is NARA aware of any destruction of records at the Penn Biden Center, Pat Moore’s Boston office or any other location where Biden records have been discovered? 

6. Why did President Biden’s counsel begin a review of materials at the Penn Biden Center in October 2022?

Sincerely,

Ron Johnson                                                                          Charles E. Grassley

Ranking Member                                                                  Ranking Member

Permanent Subcommittee on Investigations               Committee on the Budget

Enclosure

cc:        The Honorable Richard Blumenthal

Chairman

Permanent Subcommittee on Investigations

The Honorable Sheldon Whitehouse

Chairman

Committee on the Budget

The Honorable Christopher A. Wray

Director

Federal Bureau of Investigation

Dr. Brett M. Baker

Inspector General

U.S. National Archives and Records Administration

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