and please join us when our trumpet sounds again next "sunday morning." ♪ i'm margaret brennan in washington and this week on "face the nation" -- we're just two weeks into the new year and washington is already swamped in scandals. the questions engulfing the biden administration about thep late last year and last week continue to grow, as we learned yesterday of even more classified pages discovered at his delaware home just hours after the appointment of a special prosecutor. unsurprisingly, there have been cries of hypocrisy and promises of subpoenas from republicans. >> i wonder why the press isn't asking the same questions of him as vice president taking classified documents as they b ror have expressed disbelief. >> classified material, what

were you thinking? >> my corvette is in a locked garage, okay, so it's not like it's sitting on the street. >> and exasperation with the administration's response. republicans are facing their own scandal with the most notorious member of the freshman class, new york's george santos. the questions about who knew wht and when about george santos, who has admitted to falsifying his resume and under multiple criminal investigations also continue to grow. some new york republicans have called for him to quit, but the party leadership is circling the political wagons as santos is a desperately needed vote in the house. >> are you going to take any action against him at this point? are any of these allegations acceptable to you? >> what are the charges against him? are there charges against him? in america today you're innocent until proven guilty. >> now there are new reports that some in republican politics knew santos was sketchy well before he was elected. we'll talk with former federal prosecutor turned new york

democratic congressman dan goldman, plus utah republican congressman chris stewart. finally, a closer look at a trend that martin luther king jr. told "face the nation" he was concerned about. a just ahead on "face the nation." ♪ good morning. welcome to "face the nation." the classified documents controversy facing the white house grew yet again this weekend with the news that five more classified pages were found on thursday. the investigation began back in november when attorney general merrick garland assigned chicago u.s. attorney to look into the discovery of documents that included some top secret information in a d.c. office once used by mr. biden.

although that discovery was six days before the midterm elections, the first time the public heard about it was last monday, when the white house responded to inquiries from cbs news. cbs news correspondent and weekend news saturday anchor ada dree adriana diaz broke this story. >> reporter: good morning. we know of roughly 20 classified records from where they should not have been. a washington think tank where mr. biden spent time after he was vice president, in his wilmington garage and in a room next to the garage. that's where the latest five pages were discovered thursday evening, extending what's becoming a complicated saga. >> reporter: the latest discovery of classified material came just hours after the attorney general citing extraordinary circumstances announced the appointment of special counsel robert hur. >> this morning president biden's personal counsel called mr. laush and stated an additional document bearing classification markings was

identified at the president's personal residence in wilmington, delaware. >> reporter: thursday evening special counsel to the president, richard sauber, who says he was selected to turn over that additional document because he has security clearance, says he went to the house along with doj officials. while i was transferring it, he said in a statement saturday, five additional pages with classified markings were discovered. republicans have pounced on an administration that has prided itself on transparency. >> they knew this has happened to president biden before the election, but they kept it a secret from the american public. >> reporter: legal experts say there are some similarities but also some key differences between president biden and former president trump, who's under a separate special counsel investigation not just for potentially mishandling hundreds of classified documents found at his florida residence last year, but also for thwarting attempts to recover those documents and obstructing the government's investigation. in september president biden was critical of trump during an

interview with "60 minutes". >> how that could possibly happen, how anyone could be that irresponsible, and i thought, what data was in there that may compromise sources and methods? by that i mean names of people who helped or et cetera. and it's just totally irresponsible. >> the steady pace of new developments has many wondering what's next. should we expect more documents? the short answer is maybe. part of the reason classified records keep turning up is the president's personal lawyers looking through his papers don't have the clearance to view classified materials. when they find something, they stop so someone with clearance can take over. in the case of the wilmington house, that person found more. margaret? >> adriana, thank you. we're joined by senior white house and political correspondent ed o'keefe. ed, talk to me about transparency. why didn't the president's lawyers or the white house acknowledge this? >> look, they think they handled this by the book from a legal

perspective and that's what they're more concerned about. they believe this was a mistake that repeat history shows when these are mistakenly found by people who had access to classified material and turn it over quickly, maybe they get slapped on the wrist ask they move on. the issue with public transparency and the president not being straight with the american public is certainly going to linger and be the subject of questions not only in the press but probably from his critics on capitol hill. >> we still don't know why there were lawyers searching the offices on november 2nd when they found these documents and the penn biden center has not returned cbs's calls and questions on that very basic fact. fast forward to the special counsel, how is this going to affect the administration? >> in the statements released on saturday, the white house now says we're not even confirming basic details anymore. you have, you go to the justice department. they're the ones taking questions. this essentially ties the hands of the white house on this matter in terms of information

flow. democrats on the outside looking in, frustrated and concerned for their colleagues, as one of them said to me, you know, this week they were trying to put lipstick on a pig. the problem is they were handed 50 pigs and only one lipstick. this is incoming unlike they anticipated before. as the white house tries to keep focused on other things, you -- they're going to keep focus on the economy, as the president did this past week. they warned the debt limit ceiling is coming. they are trying to talk about the accomplishments in the last two years. as one democrat put it to me, at the end of the day do americans care classified information was found in the homes of the former president and the current president? maybe. ultimately at the end of the day they're more concerned about the basic price of groceries. the white house is more likely to keep focus on that and keep sending it to the justice department. they clearly had a problem with this, because you had a president who made campaign and day one promises of transparency and they weren't kept here for

whatever reason. lots of questions to keep coming. >> we know you'll continue asking them. thank you for joining us. we go to congressman dan goldman, former u.s. attorney in new york, who served as lead counsel for the democrats in the first impeachment trial of president trump. you may recognize him. good morning to you, congressman. >> good morning, margaret. >> let's start with the appointment of the special counsel. i know you were asked last week and you said you did not think one was necessary. given what you know do you think it was a mistake to appointment hur as special counsel? >> i don't think it was a mistake. i don't think any of us have a good understanding of what information the attorney general had when he decided to appo mr. re special counsel. i do think it goes to a really important fact that is being missed here, which is this administration is doing things by the book. there is a divide and a

separation between the department of justice and the white house that certainly did not exist in the last administration. and president biden and his team have reached out to the archives, they've reached out to the department of justice, they have done everything they can to cooperate. and that's in direct contrast to what former president trump has done where he has obstructed justice at every turn. >> doing things by the book now but in the handling of classified material, not by the book. the regulations are pretty clear there. can you explain to me for the search that was laid out that was happening at the president's home -- the current president's wilmington home on thursday, why would he send lawyers who don't have a security clearance to search for classified material? >>. >> i'm not sure. and we don't know the circumstances of that. but certainly documents leave the vice president's office and have to be stored somewhere. i do hope we will find out more

information about it, but as you see from the white house's statement, from the personal attorney bob bauer's statement, they are doing it by the book. they take this classified information from where it should not be there, we all acknowledge it should not be there, and they take it very seriously. they are abiding by the law. they have reached out and been as cooperative as possible. that's one reason they can't speak, because they would be potentially interfering with an ongoing investigation, which once again, this administration takes very seriously. >> so, can you explain on thursday why a white house attorney, someone who's paid by u.s. taxpayers, was the one with the security clearance who got in the car and drove down to delaware to then pick up where those lawyers who didn't have security clearance left off, and then found the five classified documents, why is it appropriate for a white house lawyer to be involved in this personal matter? >> well, because it involves

classified information, which belongs to the government. and this white house lawyer, mr. stauber, has security clearance. so, the personal attorneys, once they found a classified document -- >> that is appropriate to you? >> -- have to put it down, stop and the white house counsel -- yes, of course that's appropriate. when you have matters of national security, you need to make sure that those who have clearance to review them are reviewing them. and once again, we're focusing on a lot of the nitty gritty details here. the bigger picture is broad cooperation from the president, who clearly takes this very seriously. and that should be really underscored here. >> you had -- >> as well as the importance of an independence of the department of justice. >> you had an op-ed last year about the 45th president and the issues with classified material. you laid out four factors you said prosecutors need to look at. intent to distribute, clear knowledge of importance, volume of the material and whether or not investigators had been lied to. is that the set of criteria you

also think president biden needs to be judged on? >> it absolutely is. and i think if you go through those criteria, each one, they do not apply. we don't have any indication that president biden knew about them. he certainly has demonstrated no intent to deceive or obstruct the government by keeping them. and that's in direct contrast to president trump, who refused to cooperate, who refused to comply with a subpoena, and who ultimately forced the department of justice to execute a search warrant to retrieve the classified documents. when you look at this very clearly and you compare them, there is no comparison. those four factors, i believe, apply to president trump and none of them apply to president biden. and that is where we need to be centering this conversation. >> i want to ask you about your first week in congress. one of the things you did is hand-deliver this ethics complaint to your fellow new yorker, republican george

santos. he's under local, state, federal and international investigation. you need a simple majority to move ahead with any kind of ethics action. do you have any republicans supporting wyo >> well, the speaker of the house indicated that the -- he would support an ethics investigation. in fact, this morning congressman torres and i sent a letter to speaker mccarthy, chairwoman steafnik and kevin mccarthy's super pac because there's bombshell reporting from "the new york times" that they all knew about mr. santos' lies prior to the election. as part of this investigation we are calling on them to be fully cooperative with the investigators, both in congress and outside of congress, to disclose exactly what they knew about mr. santos' lies and whether they were complicit in the scheme to defraud voters. >> well, you know, for folks at

with a great degree of speaker things like, well, other people have also said things that aren't true and they work this congress. they look at the fact that senator menendez of new jersey says he knows of an ongoing federal probe that involves him, a number of democrats have failed to disclose stock trades, things like that. how is this case different and how is this just not politics? can you explain it? >> sure. george santos is a complete and total fraud. everything that he said about himself on the campain trail, nearly everything, has proven to be a lie. his financial disclosures have clear false statements and omissions. and that's what we referred to the ethics committee for an investigation, to get to the bottom of whether he broke the law. eight republican congress members have called on him to resign. this is not like any of the other examples you're talking

about. this is a scheme to defraud the voters of the third district in new york. and this needs to be investigated intensively and mr. santos needs to think twice about whether he belongs in congress. and more importantly, the speaker needs to think twice about whether mr. santos is fit to serve in congress. >> we'll be tracking that story. thank you very much. congressman. we turn to republican congressman chris stewart of utah. good morning to you, sir. >> good morning. >> you sit on the intelligence committee, which has asked for more information from the director of national intelligence in regard to the biden documents. when you were on cnn last week, you said you really doubt there's something that could endanger national security here? >> no, i don't. i mean, i do think it's unlikely that, you know, when president trump had this similar experience, some of the media and others claimed, oh, he has nuclear codes, nuclear secrets. i said at the time i find that

extraordinarily unlikely. and i think that the same thing would be true of this situation. >> well, there -- >> probably not that type of information. but if i could make this point very quickly about, you know, the likelihood of him being unaware of this. want only on the intelligence committee, i was on the air force pilot, i flew the b-1, i dealt with classified documents almost my entire life. you have to know, every one of these documents have a cover sheet that's red. it says what the classification is and why it's classified. every single page has a classification marking on it. this isn't the kind of thing that you just sit on your desk and you think, oh, i forgot they're classified. it's very clear they're classified. for those that think, oh, well, the president didn't realize he had those in his possession just is nonsense. of course he knew he had them. they're so obvious. >> you're applying that standard to both cases here. cbs is reporting that there was top secret information in the

documents found in biden's possession. you told may be ev mor sensitive information at higher classification than that. tssfci. do you know that to be a fact? were you informed of that? >> no, we don't know that yet, although it's been reported. but it would be very, very important. sci come parted special information, it limits to a few dozen people in some cases. some cases even less. that would be extraordinary -- >> in the trump case there was tssci, that level of classification. the office of director of national intelligence has decided not to comment on these matters at this point. have they informed your committee when you might get some kind of update or briefing, either on the 45th president or the current one? >> yeah. well, we do know this, the director of national intelligence can choose not to comment to the american people, but she can choose not to comment to us.

we have requested an analysis of these documents. the potential harm they may have caused. and i expect we'll receive that within the next few weeks. and we should receive that in the next few weeks. if these documents were available for a long period of time, in such an open environment as a garage, for heaven's sake. now, i understand the garage was locked, as the president made the point, but still they were available. it's important for us to understand the potential damage these documents and these documents being available may have caused to the american and american security. >> what do you expect to get in the next few weeks? i understand the director has not yet briefed on the trump case. >> yeah. again, we expect to have an analysis of what these documents were, the classification of them, the material that was included in them and potential security breaches and the threat to national security as a result of these documents not being secured. >> okay. i want to move on to other matters because i understand you're also on the appropriations committee.

the treasury secretary says we're going to hit that debt ceiling on the 19th and you have to go into extraordinary measures to make sure the federal government pays bills here. can you guarantee republicans will work with democrats to make sure we don't trigger an economic crisis? >> well, we certainly want to work with them. and i only hope they'll work with us and the. the will work with us. i'm not a fan of government shutdowns. i don't know anyone who is. i want to make this point. the reason we're dealing with inflation that we are, which has been generational and it's worth remembering it hurts the poorest among us, the working poor are those most impacted by inflation, and the primary cause -- in fact, i would argue almost the single cause is government spending and government debt. >> well, it's a pile of issues. it's a pile of issues we covered in depth on this program. but on this issue dealing with your work in congress, can you avert having the

creditworthiness of the united states called into question if -- you know, by actually coming to an agreement to deal with this issue before we get to a position of talking about a government shutdown? >> yeah, well, i think we can and we should. but to finish my other point, because it's actually relevant to your question about inflation because government spending, if that's true and it is true, then you have to understand, there will be republicans who will say, we need to reform. we need to use this as a vehicle to try to put limits on our spending and our debt and our deficits. and i am one of them. and there are many others who will be. the question you've asked now is, are those two principles, the fact we need to reform and cut our deficits and our spending, can we reconcile that with at the same time we don't want to harm the credit of the united states government. that's our goal. i think republicans are aligned on that. i hope the president is as well. and hopefully we get to agreement on that. >> hopefully. i want to ask you about george santos, as you heard me ask your

should hec colleagunle official? well, it' a core i don ksa n had a chanceo him. d you to that question >>ll, do a going t pretty hoone he a b of agoofball. he clearly lied to his constituents. to your point as well, it's going to be very, very difficult for him to gain the trust of his colleagues. and i don't know what he's going to do. i mean, the reality is, you can't expel a member of congress. at the end of the day, it really is up to the voters of nassau county. i can tell you this, if i were in that situation, i don't know how i could continue to serve and i suppose he needs to ask that same question. >> we will continue to ask that. congressman, thank you for your time this morning. we'll be back in a minute. stay with us. onized immunothera. i am here because they saw how cancer adapts to different oxygen levels and starved it. i am here because they switched off egfr gene mutation

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speak during a sunday service at the ebenezer baptist church in atlanta, where reverend martin luther king was once a pastor. king appeared on "face the nation" in may of 1964, when he was working along with president johnson to get the civil rights act passed. >> dr. king, in light of recent statements of senator barry goldwater and in some cases richard nixon, do you think there's a real danger of the republican party becoming the white man's party in this country? >> i think this is a real danger. and i've talked with some negro republicans who are very concerned about this. i see trends and developments, which were revealed. and unless the liberals of the republican party take a much more -- they play a much more decisive role in leadership positions, this will become a white man's party. and i think this would be tragic for the republican party as well as tragic for the nation. >> today the 118th congress is

the most racially and ethnically diverse in u.s. history, and it's been trending up for the last seven congresses. there a total of 60 black members in the house and senate, only 5 are republicans. according to the pew institute, 13% of house members are black, which is on par with the black population in the u.s. for the very first time. when congress passed the civil rights act two months after martin luther king spoke on "face the nation," there were just five, all house democrats. we'll be right back. i did it. is he looking at my hairline? my joint pain isn't too bad. well, it wasn't this morning. i hope i can get through this. is plaque psoriasis or psoriatic arthritis making you rethink your everyday choices? otezla is a pill, not a cream or injection that can help people with plaque psoriasis achieve clearer skin. otezla is proven to reduce joint swelling, tenderness and pain in psoriatic arthritis. and no routine blood tests required. don't use if you're allergic to otezla. otezla can cause serious allergic reactions.

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james: cbs sports celebrates dr. [captioning funded by cbs sports division] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] james: super wild card weekend, folks, it's already off to a ta anday fun continues in orchard park, new york. for the 14th time, highmark stadium will serve as the site of an nfl postseason game and in just about an hour,