WASHINGTON, D.C. – Today, America First Legal (AFL) has launched a Freedom of Information Act (FOIA) investigation into the National Archives and Records Administration (NARA) regarding the apparently illegal storage of Joe Biden’s Senate records at the University of Delaware. 

In prior lawsuits against the University of Delaware for information about these records, Joe Biden’s allies on the Delaware state Court of Appeals affirmed the decision by his allies in the Delaware state Department of Justice that the Biden records at the University of Delaware’s were not subject to disclosure under the Delaware Freedom of Information Act. 

However, the Morris Library at the University of Delaware is a federal depository library, meaning it must offer free, public access to its holdings. And, although the federal Freedom of Information Act does not apply to congressional records, it does apply to records legally required to be transferred to the National Archives. This is precisely the case here: at the end of each Congress, all the noncurrent records of Congress are to be transferred to the National Archives for preservation. Yet, the Biden documents remain at the University of Delaware, unlawfully concealed from public scrutiny for more than a decade. 

Read the FOIA here.

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