Biden-era DOJ memo: Trump hoarded classified documents relevant to his businesses

Senate Democrats could leverage these findings in an upcoming hearing with former special counsel Jack Smith.

Former Department of Justice special counsel Jack Smith returns to a closed deposition before the House Judiciary Committee on Capitol Hill Dec. 17, 2025. | Francis Chung/POLITICO

President Donald Trump maintained government documents relevant to his business interests after he left office, according to an internal memo from former special counsel Jack Smith’s office.

The memo, viewed by POLITICO, was transmitted by the Justice Department to the House and Senate Judiciary Committees earlier this month. It was turned over in response to Republican-led probes into the investigations Smith led during the Biden administration surrounding Trump’s alleged mishandling of classified documents after leaving office, as well as his efforts to subvert the results of the 2020 election.

“Process is very much ongoing but the FBI has already since found both — that classified documents were commingled with documents created after Trump left office and that there are classified documents that would be pertinent to certain business interests,” stated the memo, dated Jan. 13, 2023.

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