America First Legal has released new documents from its investigation into the National Archives and Records Administration (NARA), showing that a senior U.S. Department of Justice official played a central role in managing the Biden classified documents case prior to joining Special Counsel Jack Smith’s team investigating President Trump.
Jay Bratt, who previously served as Chief of the Counterintelligence and Export Control Section (CES) within the DOJ’s National Security Division, coordinated DOJ and NARA’s recovery of classified documents found at the Penn Biden Center and other locations associated with President Biden. Unlike the FBI’s approach to the Trump case, there was no public raid, and the Biden case remained undisclosed until January 2023.
On November 4, 2022, NARA recovered boxes of Biden’s records from his term as Vice President, including classified documents marked as “Confidential,” “Secret,” “Top Secret,” and “Top Secret/SCI.” Later that day, NARA’s Office of the Inspector General referred the case to Bratt, with an understanding that the Office would take no action without consulting him to ensure “appropriate deconfliction.” FBI officials reportedly advised that all materials be placed in NARA’s custody—a suggestion contrary to Bratt’s initial guidance.
NARA records show that Bratt coordinated closely with White House counsel on access to Biden’s presidential records, although the Presidential Records Act would prevent such access in Trump’s case. Shortly thereafter, Bratt joined Special Counsel Jack Smith’s team investigating Trump’s handling of classified documents.
The documents also include Bratt’s involvement in discussions with DOJ, NARA, and intelligence community officials regarding Biden’s documents and his decision to defer taking action before the 2022 midterm election. In January 2023, as news broke about Biden’s classified documents, NARA prepared a public statement, working alongside DOJ representatives to maintain a consistent public narrative.
Read the documents here.
