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New FBI search of Pence's office yields three documents but none with classified markings

Pence agreed to searches of his home and office after his own team discovered of a “small number“ of classified documents at his house.
Mike Pence
Former Vice President Mike Pence speaks Thursday at the Library of Congress in Washington.Alex Brandon / AP

WASHINGTON — Federal agents removed three "previously redacted documents" — but none with classified markings — during an hours-long search of the office of former Vice President Mike Pence's public policy organization Friday, Advancing American Freedom, according to a Pence spokesman.

"The vice president has consistently cooperated with appropriate authorities, has been fully transparent, and looks forward to the imminent conclusion of this matter," the spokesman, Devin O'Malley, said in a statement provided to NBC News.

The documents taken Friday are believed to be materials used for 2020 debate preparation, a person familiar with the matter said.

Last week, the FBI removed one classified document and six other documents during a voluntary search of Pence's Indiana home. A person familiar with the search told NBC News earlier this week that at least one other item was taken at that time because the relevant materials "were kept in a place that required the FBI to take more than just the documents."

Pence agreed to searches of his home and the AAF office after his own team's discovery of a “small number“ of classified documents at his house. Pence, who is weighing a bid for the presidency, is one of several former White House officials in administrations of both parties whose retention of records has been under scrutiny in recent months.

A pair of Justice Department-appointed special counsels are conducting investigations into the handling of classified material by former President Donald Trump and President Joe Biden, who retained records from his time as vice president.

At the same time, Pence has vowed to fight a subpoena from Jack Smith, the special counsel investigating Trump in the documents matter and the Jan. 6 insurrection. Pence contends that he is shielded from being forced to testify about the Jan. 6 matter based on the vice president’s role as the president of the Senate and the Constitution’s “speech or debate” clause, which broadly protects lawmakers’ work from legal scrutiny.

“If we were to proceed to accept a subpoena for appearance before a grand jury or trial, I believe that would diminish the privileges enjoyed by any future vice president — be that Democrat or Republican,” Pence said in response to a question from NBC News Wednesday. “I simply will not do that.”