The FBI raided Donald Trump's home at Mar-a-Lago because Joe Biden personally ordered the National Archives to let them in.
Now it's Biden's turn.
Trump just demolished Biden's last line of defense – and the documents that could expose the biggest cover-up in modern presidential history are about to land in Congress.
Biden Executive Privilege Claim Collapses as Senate Probes His Cognitive Decline
White House counsel David Warrington sent a letter Monday to the National Archives and Records Administration telling them to hand over documents Biden had tried to hide behind executive privilege.
Three separate congressional investigations are now getting what they asked for.
The first involves the Senate Permanent Subcommittee on Investigations, led by Sen. Ron Johnson, which has been digging into what Warrington's letter called the "cover-up of former President Biden's health and cognitive decline."
Those documents could reveal who was actually making presidential decisions when Biden couldn't.
The second set covers Senate Judiciary Committee requests into the Biden administration's "coordinated efforts" to use law enforcement to pursue Trump and his political allies through what Republicans call politically motivated prosecutions.
The third involves Biden's family financial dealings – his private email accounts, his conduct on Ukraine policy as vice president, and Hunter's board seat at a Ukrainian energy company.
Biden claimed all of it was protected by executive privilege.
Warrington wasn't impressed.
"The constitutional protections of executive privilege should not be used to shield from Congress evidence of a President's efforts to imprison his opponent," the White House counsel wrote.
How Biden's Own Documents Decision Opened the Door to This
The sharpest part of this story isn't the documents.
It's who created the precedent that just destroyed Biden's defense.
Starting in October 2021, Biden personally and repeatedly denied Trump's attempts to assert executive privilege over White House records sought by the January 6 committee. Biden's White House counsel wrote each time that the request "is not in the best interests of the United States." That decision flung open the archives to a partisan committee hunting Trump.
Then in May 2022, Biden authorized NARA to waive any privilege claims Trump might raise to block FBI access to the Mar-a-Lago documents – the same FBI raid Biden's Justice Department orchestrated.
The exact language Trump's team used Monday to demolish Biden's privilege claim? Lifted word for word from Biden's own letters. Warrington determined Biden's assertion "is not in the best interests of the United States" – the same phrase Biden's counsel used against Trump, twice.
Biden built the trap.
Biden walked into it.
What the Biden Autopen Records and Hunter Biden Burisma Files Could Show
Think about what the Senate is now going to receive.
Internal White House communications about Biden's cognitive decline – emails, memos, meeting records showing who knew what about Biden's deteriorating condition and when they knew it.
Sen. John Cornyn of all people even said it flat out at a June 2025 Senate Judiciary hearing: "There was a conspiracy to hide the president's true condition by his family, by his staff, by the media, and many elected officials."
Democrats boycotted that hearing rather than answer those questions.
The autopen records are central to this too. Investigators had already been reviewing tens of thousands of Biden White House documents as part of the broader probe. Warrington's December letter – the one that first denied Biden's autopen privilege claim – flagged signature discrepancies between Biden's privilege assertion letter and pardons he issued to family members.
The financial dealings documents could pull back the curtain on years of Biden family foreign entanglements – the private email accounts, the pressure campaign on Ukraine, Hunter's Burisma paydays while his father ran U.S. policy toward Kyiv.
The Biden Cover-Up the Media Never Wanted You to See
The mainstream press spent years insisting Joe Biden was sharp, engaged, fully in command.
They mocked anyone who questioned his fitness.
Now the documents that could show exactly who was running the country – and who was hiding it – are on their way to Congress, and the press corps that covered up his decline doesn't get to control what's in them.
People who have nothing to hide don't burn through two formal privilege assertions and fight this all the way to a White House showdown over internal memos.
The American people spent four years being lied to about who was actually sitting behind that desk in the Oval Office.
Every page of what's coming out is accountability they've been owed for a long time.
Sources:
- Ashley Oliver and Emma Colton, "Trump Rejects Shielding Biden Records from Senate Probes in Executive Privilege Showdown," Fox News, March 9, 2026.
- "Johnson Demands NARA Turn Over Records Related to Biden's Mental Decline Amid Senate Probe of Cover-Up," Fox News, July 17, 2025.
- "Trump Administration Blocks Biden Attempt to Shield Autopen Presidency Files," Fox News Digital, December 2025.
