Dem Intel chair: Biden admin position on classified docs fails ‘the smell test’

Senate Intelligence Chair Mark Warner (D-Va.) warned on Wednesday of broader consequences if the intelligence community continues to block congressional access to classified documents recovered from locations connected to Joe Biden, Donald Trump and Mike Pence.

Warner, backed up by the panel's Vice Chair Sen. Marco Rubio (R-Fla.), said he wanted to be "loud and clear" that Congress has the right to review the documents as part of its oversight responsibilities. Failing to provide access, the Democratic chair added, would negatively affect the intelligence community's efforts to build support for re-upping a sweeping warrantless surveillance program later this year.

The Office of the Director of National Intelligence's position on the documents "does not pass the smell test — the administration and the director's current view about giving this committee access to the classified documents that we have every right to see in terms of our oversight role," Warner said at the end of a committee hearing on worldwide security threats. "This trust relationship has to go two ways."

Rubio agreed, saying Congress needs to review the classified documents found in the possession of the president, former president and former vice president to assess whether the response was appropriate.

"A special counsel cannot have veto authority over Congress' ability to do its job," Rubio said. "This is going to be addressed one way or the other."

Warner responded: "Amen."

None of the intelligence officials who testified on Wednesday, including Director of National Intelligence Avril Haines, immediately responded to Warner or Rubio's comments at the end of the open hearing.

The Justice Department has cited ongoing special prosecutor probes into Biden and Trump as limiting its ability to share the documents with the lawmakers.

Earlier in the hearing, both Haines and FBI Director Christopher Wray said under questioning from Sen. Tom Cotton (R-Ark.) that they had personally reviewed some, but not all, of the recovered classified documents. Specific teams conduct document reviews and provide reports following those, Haines and Wray said.

"Although I have not reviewed all of the documents myself, I have gone through a fairly meticulous listing of all the documents that includes detailed information about the content," Wray said. "So it's not reading every page."

Cotton said members were "very frustrated" that the documents haven't even been characterized to the committee, warning that "some of us are prepared to start putting our foot down" without better answers from intelligence community agencies.