Obama ethics chief blasts Biden for retaining classified docs: 'Inexcusable neglect of the most basic security protocols'

Walter Shaub, ethics chief in the Obama administration, called out President Joe Biden on Tuesday for improperly retaining classified documents.

Biden, according to Shaub, demonstrated an "inexcusable neglect of the most basic security protocols." Still, Shaub downplayed the seriousness of Biden's actions by drawing a comparison to former President Donald Trump.

"It's nothing like Trump’s deliberate refusal to return classified records demanded by the National Archives," Shaub told Fox News, "but Biden’s own retention of classified records reflects an inexcusable neglect of the most basic security protocols."

Shaub, moreover, knocked the White House for not disclosing the second discovery of classified documents — those at Biden's private Wilmington, Delaware, residence — when it admitted to the first discovery at Biden's private office in Washington.

Biden's private attorneys allegedly discovered the first batch of documents on Nov. 2 and the second on Dec. 20. But when they disclosed the first last Monday, they neglected to mention the second.

"The fact that the White House didn't mention that records were found in more than one location when first asked about them was a breach of trust with the public and a self-inflicted wound," Shaub said.

Shaub added that he is "glad" that Attorney General Merrick Garland appointed a special counsel — former U.S. attorney Robert Hur — to investigate Biden, but claimed it is "unlikely" that Biden is "at risk of any of legal consequences."

What crimes are on the table?

While the Justice Department has said nothing about criminal charges, the unauthorized removal and retention of classified documents is a federal crime punishable by up to five years in prison.

But Watergate prosecutor Nick Ackerman explained on Tuesday that Biden could be free and clear because the statute of limitations for unauthorized retention of classified documents is five years. It has been six years since Biden left office as vice president.

However, it's not clear when the documents found improperly in Biden's possession were retained, neither is it clear what the motive was for the retention and subsequent failure to return the documents.

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