CARMEL, Ind. — The FBI discovered an additional document with classified markings at former Vice President Mike Pence ’s Carmel, Indiana home during a search Friday, following the discovery by his lawyers last month of sensitive government documents there.
Pence adviser Devin O’Malley said the Department of Justice completed “a thorough and unrestricted search of five hours" and removed “one document with classified markings and six additional pages without such markings that were not discovered in the initial review by the vice president’s counsel."
The search, described as consensual after negotiations between Pence's representatives and the Justice Department, comes as he has been subpoenaed in a separate investigation into efforts by former President Donald Trump to overturn the 2020 election and as Pence contemplates a Republican bid for the White House in 2024.
A person familiar with the search tells 13News a member of Pence's legal team was at the Carmel home during the search, and that the DOJ had unrestricted access to the home.
Pence himself was out of state, visiting family in California after the birth of a grandchild.
In addition to searching for any classified documents, the DOJ also searched for any documents it believed might be original Presidential Record Act documents.
Pence advisor Devin O'Malley issued the following response to 13News on the search:
Following the discovery and disclosure of a small number of potentially classified documents that had inadvertently been transported to his home in Indiana, Vice President Pence and his legal team have fully cooperated with the appropriate authorities and agreed to a consensual search of his residence that took place today. The Department of Justice completed a thorough and unrestricted search of five hours and removed one document with classified markings and six additional pages without such markings that were not discovered in the initial review by the vice president's counsel.
The vice president has directed his legal team to continue its cooperation with appropriate authorities and to be fully transparent through the conclusion of this matter.
Pence is now the third current or former top U.S. official, joining Trump and President Joe Biden, to have their homes scoured by FBI agents for classified records. The willingness of Pence and Biden to permit the FBI to search their homes, and to present themselves as fully cooperative, reflects a desire by both to avoid the drama that enveloped Trump last year and resulted in the Justice Department having to get a warrant to inspect his Florida property.
The FBI had already taken possession of what Pence’s lawyer previously described as a "small number of documents" that had been “inadvertently boxed and transported” to Pence's Indiana home at the end of the Trump administration.
The Justice Department did not immediately return a call seeking comment.
Separate special counsels have been investigating the discovery of documents with classification markings at Biden’s home in Delaware and his former Washington office, as well as Trump’s Florida estate. Officials are trying to determine whether Trump or anyone on his team criminally obstructed the probe in refusing to turn over the documents before the FBI seizure. The FBI recovered more than 100 documents marked classified while serving a search warrant at Mar-a-Lago last August.
The circumstances of the Biden and Pence cases are markedly different from that of Trump.
Pence, according to his lawyer Greg Jacob, had requested a review by his attorneys of records stored at his home “out of an abundance of caution” during the uproar over the discovery of classified documents at Biden's home and former private office. When the Pence documents were discovered, Jacob said, they were secured in a locked safe and reported to the National Archives. FBI agents then collected them.
Material found in the boxes came mostly from the Naval Observatory residence where Pence lived while he was vice president. Other material came from a West Wing office drawer.
Pence has said he was unaware the documents had been in his possession.
“Let me be clear: Those classified documents should not have been in my personal residence,” Pence said recently at Florida International University. “Mistakes were made, and I take full responsibility.”
“We acted above politics and put national interests first," he said.
The National Archives last month asked former U.S. presidents and vice president s to recheck their personal records for any classified documents following news of the Biden and Pence discoveries.
The Presidential Records Act states that any records created or received by the president while in office are the property of the U.S. government and will be managed by the Archives at the end of an administration.