While Joe Biden is still stalling any look into his Senate records being held at the University of Delaware, he said that any complaint filed with the Senate should be in the National Archives.
He made a big thing during his interview with Mika Brzezinski and in a separate statement, saying he was calling on the National Archives to release any complaint they might have.
But there’s a big problem with that, as he may well know.
They aren’t there, according to Business Insider’s Nicole Einbinder.
Einbinder outlined this on Thursday in her story about Biden operatives accessing the University of Delaware’s collection of his Senate records since he declared for president. What were the operatives looking for and what, if anything, was removed? She also raised the question of why the agreement for how long the records would remain sealed was changed last year after Biden declared his run for the presidency?
She also outlined how she discovered any complaint made to the Senate in 1993 wasn’t in the National Archives.
Joe Biden said that Tara Reade's complaint could only be at the National Archives, at what was then called the Office of Fair Employment Practices. But, a National Archives spokesperson told me that they do not hold records from that office.
— Nicole Einbinder (@NicoleEinbinder) May 1, 2020
Instead, a Senate Historical Office staffer said the Fair Employment Practices records are governed by a Senate resolution mandating that "records containing personal privacy, information closed by statute, and records of executive nomination are closed for 50 years." pic.twitter.com/xUVyfnQP2H
— Nicole Einbinder (@NicoleEinbinder) May 1, 2020
In other words, the place he’s calling to release them, doesn’t have them. So he’s in no real danger when he calls on them to release them. He knows they can’t comply. It’s a ‘no harm no foul’ request, he can say it to make himself look good knowing they can’t comply.
The place that might have them has them under seal for 50 years from their taking.
If Reade's complaint was filed to the Office of Fair Employment Practices, the record will remain closed until 2043 — more than two decades from now.
— Nicole Einbinder (@NicoleEinbinder) May 1, 2020
Einbinder also reports how the process at the time was complicated.
That staffer said that rules for filing a complaint to the Office of Fair Employment Practices were complicated and that it was possible that a staffer attempting to do so without proper guidance may not have taken the necessary steps to get an investigation started.
— Nicole Einbinder (@NicoleEinbinder) May 1, 2020
So it may have been made, but it may not have proceeded for that reason.
It's also important to note that Reade isn't just looking for the complaint. She has other reasons for wanting the University of Delaware to unseal the records: pic.twitter.com/FUXdj3tUU2
— Nicole Einbinder (@NicoleEinbinder) May 1, 2020
That’s why the importance of looking at the Senate records being held at the University of Delaware, as we said, that might reveal all the attendant action taken concerning Reade and/or her complaints/discussions with staffers.
That may also be why Biden doesn’t want those records plumbed.
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