Former Acting Attorney General Matthew Whitaker raised questions Thursday about the classified documents found in the garage of President Joe Biden’s Wilmington, Delaware, home and a previously used office at the Penn Biden Center.

“On the one hand, they aren’t different because we’re dealing with classified documents and we’re dealing with the statute that applies to them and their handling, but on the other hand, we’re dealing with a former president who had a lot of latitude while president to declassify those documents in his possession and Joe Biden as vice president had no power to declassify those documents in his possession,” Whitaker told Fox News host Tucker Carlson, an honorary board member of the Daily Caller News Foundation.

“I think it’s also an interesting fact in this case, Tucker, that the UPenn documents were in a manila folder marked personal, and so you open it up in all these marked classified documents are in a personal folder. This is not good for Joe Biden,” Whitaker said.

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The White House confirmed Thursday that classified documents were discovered in the garage of Biden’s Wilmington, Delaware, home days after CBS News reported that lawyers discovered classified documents while cleaning out offices of the Penn Biden Center in November. Merrick Garland named Robert Hur as special counsel to investigate the situation.

Whitaker also questioned the timing of the searches for the documents, noting Biden had the documents for more than “six years.”

“If you remember famously in the Mar-a-Lago case, they spread out the documents … took the pictures, sent that to the media and made sure that everyone saw the evidence. In this case, we don’t know much about the contents of the documents, we don’t know much about why,” Whitaker told Carlson, referencing the Aug. 8 FBI raid on Mar-a-Lago. “We were told because he was moving out of the Penn offices and his lawyers were going to the documents. Why go through the garage? Why?”

“Really, the other thing that is very concerning is that Merrick Garland waited for weeks to appoint a special counsel when he knew on December 20th that he had a major problem,” Whitaker continued. “They were hoping that this never saw the light of day and that is a sad fact about this whole case. They didn’t want the American people to even know this had happened.”

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