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President Biden has made the COVID-19 crisis and a post-Trump return to national unity and traditional democratic ideals his top priorities. From vaccinations to stimulus to schools, Biden is seeking bipartisan compromise while showing a willingness to use executive authority and bare Democratic majorities in the U.S. House and Senate to implement his policies. Republican leaders are navigating deep party divisions over if and how to move beyond former President Trump.

Politics & Policy

The FBI retrieved a "small number of documents" with classified document markings from former Vice President Mike Pence's Carmel, Indiana, home earlier this month, according to Pence's attorney.

Why it matters: The document discovery comes as both President Biden and former President Trump are under investigation for their handling of classified documents.

Pence has said previously that he didn't take any classified documents with him when he left the office.

CNN first reported that about a dozen documents marked as classified were found at Pence's home.

Driving the news: Following revelations about the discovery of classified documents at Biden's personal residence, Pence engaged lawyers on Jan. 16 to review documents at his personal home "out of an abundance of caution," Greg Jacob, Pence's counsel, wrote in a Jan. 18 letter to the National Archives. 

A "small number of documents that could potentially contain sensitive or classified information" were subsequently discovered. 

Pence had been unaware of the presence of classified documents in his home, but immediately secured the documents and directed his representatives to work with the archives to ensure their return, he added.

Between the lines: Per that first letter, "Pence understands the high importance of protecting sensitive and classified information and stands ready and willing to cooperate fully with the National Archives and any appropriate inquiry." 

In a second letter to the National Archives on Jan. 22, Jacob wrote that on the evening of Jan. 19 — the FBI agents came to Pence's Indiana home to retrieve the documents.

What they're saying: Rep. James Comer (R-Ky.), who chairs the House Oversight and Accountability Committee, said in a statement Tuesday that Pence had reached out concerning the documents' discovery.

"He has agreed to fully cooperate with congressional oversight and any questions we have about the matter," Comer said. "Former Vice President Pence’s transparency stands in stark contrast to Biden White House staff who continue to withhold information from Congress and the American people."

Earlier this month, Comer said that the committee would not investigate Trump over his handling of classified documents, though the committee has announced that it would investigate Biden's handling of documents.

While Biden and Pence appear to be cooperating with law enforcement, Trump has been resistant and publicly denounced special counsel Jack Smith. 

Meanwhile, Rep. Adam Schiff (D-Calif.) said during an appearance on MSNBC: "There’s a systemic problem with former occupants of the presidency and vice presidency having classified information at their homes when it shouldn't be there."

"There needs to be a review of what happens when people leave that office, the presidency and vice presidency."

Of note: Asked about the discovery of the documents during a press briefing on Tuesday, Attorney General Merrick Garland said he was "unable to comment."

The big picture: The revelations come after several tranches of classified documents were discovered in Biden's Delaware home and former office this month.

Criticism of Biden has come from both sides of the aisle over the disclosure, though there are key differences from Trump's handling of classified documents.

The revelations of classified documents from two former presidents and the former vice president have raised fresh questions over government records and how they should be handled.

Some of the documents found in Biden's home and former office date back to his time as vice president and a senator, though it's not immediately clear what type of classified documents were found or how they got to the various identified locations.

Jacob and the House Intelligence Committee could not immediately be reached for comment.

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Editor's note: This story has been updated with additional reporting. This story has also been corrected to reflect that Mike Pence’s attorney said a “small number of documents,” not a dozen, were discovered at his Indiana home.

Classified documents discovered at Pence's Indiana home

Pence engaged lawyers to review documents at his personal home "out of an abundance of caution."

 Mike Pence on stage at the 2022 New York Times DealBook on November 30, 2022 in New York City

Mike Pence on stage at the 2022 New York Times DealBook on Nov. 30, 2022, in New York City. Photo: Thos Robinson/Getty Images for The New York Times

Mike Pence

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At least 7 dead in Half Moon Bay shooting

It follows the mass shooting in Monterey Park, California, over the weekend.

A San Mateo County sheriff's deputy helps a police car exit the scene of a shooting on Jan. 23 in Half Moon Bay, Calif. Photo: Justin Sullivan/Getty Images

Mass shootings

Axios Pro Policy

Several House Republicans are declining invitations to attend a White House reception for freshman House members on Tuesday evening in protest of the event's COVID-19 rules.

Why it matters: It's an example of the broad Republican effort to have the administration's policies reflect President Biden's statement in September that the pandemic is "over."  

It also denies the White House an opportunity to make potentially crucial inroads with Republican lawmakers, including at least one from a district Biden won in 2020.

Driving the news: Rep. Nick LaLota (R-N.Y.) said in a statement that he declined the invitation because members are required to produce a negative COVID test 24 hours in advance and present either proof of vaccination or masking up and socially distancing.

"I am forgoing a historic trip to the White House to raise awareness of this punitive policy in hopes that President Biden will reverse it and other arbitrary, outdated and unscientific restrictions across the federal system," said LaLota, whose district went for Biden by 4 points.

Rep. Anna Paulina Luna (R-Fla.) is declining for the same reason. "Rep. Luna will not be attending. Even the CDC has recognized that COVID is no longer a pandemic," her spokesperson Edie Heipel told Axios.

Rep. Mike Collins (R-Ga.) "has moved on from the pandemic and doesn’t plan on attending anything that still requires testing," his spokesperson DJ Griffin told Axios.

Rep. Wesley Hunt (R-Texas) tweeted: "President Biden declared on national television that the pandemic was over. However, the White House is requiring a negative COVID test to attend tonight’s taxpayer funded soirée. I politely decline."

The context: White House press secretary Karine Jean-Pierre said at a press briefing on Monday that "everyone is invited who is part of the new Congress," but that she didn't know how many members would be attending.

What we're hearing: Other House Republicans are declining due to scheduling conflicts, their offices told Axios.

They include Reps. Ryan Zinke (R-Mont.), Brandon Williams (R-N.Y.) and Max Miller (R-Ohio).

Rep. Mike Ezell (R-Miss.) will also skip, said his spokesperson Jonathan Bailey: "While he believes in the value of bipartisan relationships, he doesn’t feel that this reception is the best venue for building serious, policy-focused partnerships."

Yes, but: Rep. Morgan Luttrell (R-Texas) plans to go and "share with the President the crime ravaging the border and its effect on the folks of TX-08,” his spokesperson Cally Perkins told Axios.

Rep. Anthony D'Esposito (R-N.Y.), whose district is one of the bluest represented by a Republican, also plans to attend, but embattled fellow Long Island Rep. George Santos (R-N.Y.) does not, according to Newsday.

The other side: Rep. Robert Garcia, the Democrats' freshman class president, is attending and told Axios in a statement, “We are very grateful to the President for inviting the entire freshman class to a reception. Taking a COVID test is a reasonable and responsible approach to keeping everyone safe and healthy.”

Garcia, the former mayor of Long Beach, lost his mother and stepfather to COVID in the early days of the pandemic.

Editor's note: This article has been corrected to note that Rep. Robert Garcia is a Democrat, not a Republican. 

House GOP freshmen boycott White House event over COVID protocols

Reps. Nick LaLota, Anna Paulina Luna and Wesley Hunt are among those boycotting.

Rep. Anna Paulina Luna, wearing a blue dress, black blazer and pearl-shaped necklace, speaks to colleagues on the House floor.

Rep. Anna Paulina Luna (R-Fla.). Photo: Al Drago/Bloomberg via Getty Images

House Republicans

Former President Trump withdrew another lawsuit against New York Attorney General Letitia James on Tuesday, court records show.

The big picture: The move comes days after he dropped another lawsuit against James, in which he alleged she abused her position, and after a federal judge blasted Trump and his attorneys for a "continuing pattern of misuse of the courts," ordering them to pay nearly $1 million in sanctions.

The former president has now withdrawn both of his pending actions against the New York attorney general's office.

The withdrawals come weeks after New York Supreme Court Judge Arthur Engoron scheduled an October trial for the $250 million fraud lawsuit that Trump and his children, Ivana Trump, Donald Trump, Jr. and Eric Trump, are facing from James. 

The New York Attorney General's office alleges that Trump, aided by his children and members of the Trump Organization, inflated his net worth by billions of dollars from 2011 to 2021.

Context: Trump sued James in December 2021 in an attempt to stop her office's civil investigation into his business practices.

A federal judge dismissed the suit last May, after which he appealed the dismissal.

He withdrew the pending Second Circuit appeal Tuesday.

What they're saying: "I am pleased that Donald Trump has withdrawn both of his pending actions against my office," James said in a statement.

"As we have shown all along, we have a legitimate legal case against him and his organization, and we cannot be bullied or dissuaded from pursuing it," she added.

Of note: Earlier this month, a New York judge declined to dismiss James' civil lawsuit against Trump, saying some of the arguments repeatedly made by the former president's lawyers were "frivolous."

Trump's legal pursuits against NY AG end as second suit dropped

The withdrawals come weeks after New York Supreme Court Judge Arthur Engoron scheduled an October trial for the $250 million fraud lawsuit that Trump is facing.

Former President Trump at his Mar-a-Lago home on Dec. 31, 2022, in Palm Beach, Fla. Photo: Joe Raedle/Getty Images

Donald Trump

An Atlanta judge heard arguments Tuesday about whether an investigative report into efforts by former President Trump and his allies to overturn the 2020 election results should be made public. 

Driving the news: Fulton County District Attorney Fani Willis argued that for the time being the report should be kept secret to protect possible defendants' right to "fair trial," noting that "decisions are imminent" regarding possible indictments.

Media outlets, however, asked for the report's full release, given the "extraordinary" public interest in its findings.

Why it matters: Willis’ comments provide some insight into her thinking as she decides whether to indict Trump or his allies after opening an investigation two years ago. 

The report's findings are expected to influence Willis' decision whether to indict anyone of criminal conduct — and if so, whom.

Catch up quick: Willis called for an investigative grand jury to look into the matter last year. The "special purpose grand jury" spent eight months hearing from 75 witnesses ranging from Sen. Lindsey Graham (R-S.C.) to Rudy Giuliani to Georgia Gov. Brian Kemp.

The jurors finished their work earlier this month and voted to publish the report, according to Judge Robert McBurney, who is hearing the case.

What's next: McBurney told lawyers Tuesday he will "think about this" and get back to them with his decision on whether to release the report. If he does decide to release some or all of it, he said, he will give fair warning in any court order ahead of disclosure. 

"No one is going to wake up with the court having disclosed the report on the front page of a newspaper," he said. 

Zoom in: In a legal brief, national and local media outlets argued for the full release of the report, saying the issue was of "enormous public interest not just to Georgians, but also to citizens throughout the United States."

Fulton prosecutor Donald Wakeford told the judge Tuesday that the office is not opposed to the report’s “eventual release,” just not right now given the pending indictment decisions. "The time will come," he said. 

Because this investigative grand jury does not have the power to indict, only the ability to recommend indictment or not, its release could complicate any pending indictment the district attorney may be working on.

The other side: In a statement, lawyers for Trump said they would not participate in the hearing and "have never been a part of this process." 

Trump, they said, has never been subpoenaed nor asked to speak to the DA voluntarily.

"Therefore, we can assume that the grand jury did their job and looked at the facts and the law, as we have, and concluded there were no violations of the law by President Trump," they said. 

The intrigue: Norm Eisen, former U.S. ambassador and counsel in the first Trump impeachment trial, says he believes the special purpose grand jury has enough evidence to indict Trump and others.

But, he qualified in a press conference last week: "You just never know. While the great likelihood is that we're going to see a recommendation of charges here, you just never know."

What they're saying: Speaking to reporters alongside Eisen, J. Tom Morgan, former DeKalb County, Ga. district attorney and law professor at Western Carolina University, said the release of the report could put Willis "in a quandary."

"If the report says there have been certain crimes and certain persons should be prosecuted and she doesn't prosecute them, it’s going to come back to hurt her — and vice versa," he said.

What we're watching: If any of the report is released, the question of redactions is likely to come up, says Atlanta defense attorney Don Samuel — who is representing Georgia legislators in the proceedings. 

"The question is: is [Judge] McBurney going to give the individuals a chance to, in private, say how they want it redacted so that they're not publicly disgraced?" he told Axios.

Morgan says he thinks McBurney should do so. "I think if there are any individuals designated in that report and accused of certain crimes, they have an absolute right to have that redacted, certainly until they are indicted for those crimes," he said.

Yes, but: Those who have already been named targets in the investigation, including the slate of electors who "certified" a false Trump 2020 victory in Georgia, were not invited to participate in the hearing.  

Of note: Georgia lieutenant governor Burt Jones has been named as a target of the investigation, but Willis was barred from investigating him directly or bringing charges against him after supporting his past political opponent. 

Editor's note: This story has been updated with details from Tuesday's arguments.

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Atlanta district attorney pushes to keep Trump election report secret

Fulton County District Attorney Fani Willis said "decisions are imminent" regarding possible indictments.

Fulton County District Attorney Fani Willis in court Tuesday. Photo: John Bazemore/AP

The Los Angeles County Coroner's Office on Tuesday released the names of the people killed in the Monterey Park mass shooting over the weekend, which has left 11 people dead and nine others wounded.

Driving the news: The office said six women and five men died in the shooting, with all the victims being in their 50s, 60s and 70s.

The women included My Nhan, 65, Lilian Li, 63, Muoi Ung, 67, Hong Jian, 62, Diana Tom, 70, Xiujuan Yu, 57. 

The male victims included Yu Kao, 72, Chia Yau, 76, Valentino Alvero, 68, Wen Yu, 64, and Ming Ma, 72

Two others were in their 60s and one in her 70s. Of the five men, Valentino Alvero, 68, was identified.

Authorities said as they worked to identify the next of kin that three of the other men killed in Saturday night's shooting on the eve of Lunar New Year were in their 70s and one was in his 60s.

An additional woman who died was also identified by her family. Diana Tom, 70, was initially transported to a hospital in critical condition before succumbing to her injuries, her family said in a statement, ABC News reported.

Vice President Kamala Harris will travel to Monterey Park on Wednesday to visit the community and mourn the victims of the shooting, her office said Tuesday.

What they're saying: Tom's family remembered her as "hard-working mother, wife and grandmother who loved to dance," per ABC News.

"To those who knew her, she was someone who always went out of her way to give to others," the family added. 

My Nhan "spent so many years going to the dance studio in Monterey Park on weekends. It's what she loved to do," her family said in a statement.

"If you knew her, you knew her warm smile and kindness was contagious. She was a loving aunt, sister, daughter and friend," the statement added.

Alvero's daughter said her father "loved God, he loved people, and he loved to dance. I hope he's dancing now, in that great gig in the sky,” Rolling Stone reported.

Details: In addition to those who died at the scene, 10 people were injured and transported to local hospitals. 

LAC+USC Medical Center announced in a statement Monday that one of the injured patients had died from their "extensive injuries," bringing the total number of fatalities to 11.

State of play: Los Angeles County Sheriff Robert Luna on Sunday identified the suspected shooter as Huu Can Tran, a 72-year-old man whose body he said was found inside a cargo van with self-inflicted gunshot wounds following a standoff with police in Torrance, California.

Tran was the only suspect in the Monterey Park shooting and a second incident  shortly afterward at Lai Lai Ballroom & Studio in the nearby city of Alhambra, which ended without injuries.

Officials were still investigating a motive. 

L.A. County Sheriff's Department Capt. Andrew Meyer told reporters earlier Sunday that it remained unclear whether the suspect knew any of the victims or if the attack was targeted.

Context: Monterey Park, a majority Asian American city east of Los Angeles, typically hosts one of the largest Lunar New Year celebrations in southern California, per AP. 

Editor's note: This article has been updated with details on more victims named by the coroner's office. 

Coroner releases names, ages of people killed in Monterey Park shooting

The LA County Coroner said six women and five men died in the shooting.

People line up to place flowers at the entrance to the Star Dance Studio Ballroom in Monterey Park. Photo: Allen J. Schaben/Los Angeles Times via Getty Images

Revelations over classified documents discovered from when President Biden was vice president have raised fresh questions over government records and how they should be handled.

The big picture: Two special counsels investigating both former President Trump and Biden over the handling of records — plus former Vice President Mike Pence's disclosure of documents with classified markings found at his Indiana home — have drawn public attention to a high-level, largely bureaucratic process that carries significant ramifications.  

It's not immediately clear what type of classified documents were found from Biden's work with the Obama administration and time as senator, or how they got to the various identified locations. 

Investigators for the Department of Justice discovered additional items with classified document markings during a 13-hour search of Biden's Delaware home on Jan. 21. 

Pence has previously said he didn't take any classified documents with him when he left the office. 

Flashback: A redacted DOJ affidavit that was used to justify the search warrant at Trump's Mar-a-Lago residence in August said that 184 documents with classification markings were found.

Of those documents, 67 were marked as "confidential," 92 were marked as "secret," and 25 documents were marked as "top secret."

Lawyers for Biden, at this point, have reportedly discovered a smaller total number of documents.

What are the levels of classified information? 

There are three levels of classified documents: Top Secret, Secret and Confidential.

Top Secret is the highest level of classification. The classification is applied to documents that could "cause exceptionally grave damage to the national security" if disclosed, per a 2009 executive order.

There are additional classifications under Top Secret, including Sensitive Compartmented Information, which is about certain intelligence sources and has further restrictions for access. 

Secret is applied to "information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security." 

Confidential documents generally contain information that, if disclosed, could "cause damage to the national security."

Who can classify documents — and declassify them?

The president, vice president, agency heads and other officials are authorized to classify information. Presidents also can have the authority to declassify information themselves, but they usually delegate that responsibility out, Bradley Moss, a national security attorney, told Axios. 

In 2021, there were 671 officials across 16 agencies who had the authority to mark information as Top Secret and 817 who could do the same for Secret information, according to a report from the Information Security Oversight Office.

"Information shall be classified as long as required by national security considerations," per another executive order, which also says that a specific date or event can sometimes be set for declassification.

Information is also typically automatically declassified after 25 years if it has not been declassified before then.

Trump has insisted that he declassified government documents before taking them to Mar-a-Lago, but he has not provided proof of this.

"If you're the president of the United States, you can declassify just by saying, 'It's declassified,'" Trump previously said. 

The decision to declassify a document is often made in coordination with the agencies that have an interest in the information, per the Brennan Center.

"By and large, presidents are usually not involved in that level of granular detail," Moss said. 

Declassification involves two steps, per the Brennan Center. First, an authorized official determines information "no longer requires protection." Then "that determination must be communicated so that the protections are removed."

While presidents and vice presidents frequently deal with classified documents throughout their terms, their staff is usually responsible for holding onto the records. 

"Accidental mishandling of classified information documentation happens all the time, [it] probably happens on a weekly basis," Moss said.

"It is usually not a criminal matter because the Justice Department, while they could prosecute accidental mishandling, does not generally wish to do so. It's too much time and effort," he added.

Administrative action, such as revoking a security clearance, is the most common repercussion when a document appears to be accidentally mishandled.

It's unlikely Biden would face criminal action if the mishandling was indeed an accident, Moss said.

"What is possible is that for the staffers who boxed it up and who potentially were involved in storing it, they might face administrative sanctions," he added.

Between the lines: For purposes of criminal liability, the "classification system is largely about bureaucratic rules," the New York Times notes.

The Espionage Act, which prohibits the unauthorized retention of national security secrets and is the predominant law in leaking cases, "does not distinguish between different levels of this type of information," Moss added.

Context: Factors that have guided prosecution in previous cases include intentional and willful mishandling of classified information, vast quantities of classified information exposed to support an inference of intentional misconduct, disloyalty to the U.S., and obstruction of an investigation, per the FBI.

"I'm not aware, though, of a DOJ ever prosecuting a pure accidental mishandling. Absent one of those two aggravating factors," Moss said.

Of note: The FBI probe into Trump's handling of government records has homed in on whether the former president criminally obstructed the investigation. 

The bottom line: If an individual is convicted and sentencing is being determined, then document classifications and the number of documents that were mishandled could come into play, Moss said.

Go deeper: Presidential Records Act and Trump search explained

Garland defends DOJ handling of Biden, Trump document probes

What to know about classified documents after high-profile discoveries

Examining a high-level, largely bureaucratic process that carries significant ramifications.

U.S. President Joe Biden delivers remarks on the economy and inflation in the Eisenhower Executive Office Building on January 12, 2023 in Washington, DC

Pesident Biden delivers remarks on the economy and inflation in the Eisenhower Executive Office Building on Jan. 12. Photo: Kevin Dietsch/Getty Images

Tuesday's politics & policy stories

Classified documents discovered at Pence's Indiana home

At least 7 dead in Half Moon Bay shooting

House GOP freshmen boycott White House event over COVID protocols

Trump's legal pursuits against NY AG end as second suit dropped

Atlanta district attorney pushes to keep Trump election report secret

Coroner releases names, ages of people killed in Monterey Park shooting

What to know about classified documents after high-profile discoveries

How Biden and Trump's classified doc discoveries have differed

Trio of polls show Trump clawing back momentum from DeSantis

Two students killed, 1 adult injured in shooting at Des Moines nonprofit

What we know about the Monterey Park mass shooting

California Gov. Newsom: "Second Amendment is becoming a suicide pact"

GOP hardliners score spots on powerful House Rules Committee

First look: NRSC blitz pressures "Maserati Manchin" to retire

Biden's new tax hammer

Gun used in "Cop City" shooting purchased legally, authorities say