DOJ won’t file charges in Pence document case

The Justice Department has concluded its investigation into former Vice President Pence’s handling of classified materials after a few sensitive documents were found at his home and will not bring charges, according to a source familiar with the matter.

News that the case has wrapped up comes days before Pence is expected to announce he is running for president in 2024.

The Department of Justice did not respond to a request for comment.

Since January, the department has been looking into Pence’s handling of classified documents after leaving office in 2021, after a small number of documents with classified markings were found at the former vice president’s Indiana home. 

Pence was not aware the documents were there, his lawyer said, and the former vice president’s team alerted federal officials once the documents were found.

The FBI in February searched Pence’s home and found one additional document with classified markings. Federal agents searched Pence’s offices in Washington, D.C., later in February and did not find any additional classified materials.

“During the closing days of administration, when materials were boxed and assembled, some of which were shipped to our personal residence, mistakes were made,” Pence told Fox News after documents were first found at his home. “We were not aware of it at the time until we did the review just a few short weeks ago. But I take full responsibility for it, and we’re going to continue to support every appropriate inquiry into it.”

Pence’s team reviewed his home for potential documents after President Biden and former President Trump came under scrutiny for their handling of classified materials. 

Separate special counsels have been appointed to investigate whether Biden and Trump mishandled classified materials. In Pence’s case, no special counsel was ever appointed.

In Biden’s case, classified documents from his time as vice president were discovered at an old Washington office, as well as at his Wilmington, Del., home. Biden’s team alerted federal authorities upon discovering the materials, though the White House did not immediately notify the public when the documents were first found.

Pence had been critical of Biden and called for a special counsel to be appointed before his classified documents controversy.

In Trump’s case, federal agents raided his Mar-a-Lago home last August after he refused to cooperate with the National Archives for months to turn over sensitive government materials he had taken with him after leaving the White House. 

Prosecutors investigating Trump’s possible mishandling of classified materials reportedly have obtained audio of the former president speaking in 2021 about a classified Pentagon document and indicating he was aware there were restrictions about who could view it.

Updated at 11 a.m. EDT.