Attorney General Merrick Garland appoints Special Counsel to review Biden’s classified documents

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Attorney General Merrick Garland on Thursday appointed a special counsel to investigate the classified documents discovered in the D.C. think tank and Wilmington home of Joe Biden. 

Robert K. Hur, a former federal prosecutor appointed to that position by Donald Trump, was selected to fill the role. The White House said they will cooperate with Kur and are ‘confident’ the investigation will show the files were ‘inadvertently misplaced.’

‘This appointment underscores for the public the department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law,’ Garland said. 

Democrats hope the move quells a flood of criticism from Republicans, who had demanded a special counsel. Garland’s announcement came as pressure is building on the White House to explain how the documents were in Biden’s possession, why their existence wasn’t announced until after the midterm election and what was being done about it.

‘We are confident that a thorough review will show that these documents were inadvertently misplaced, and the President and his lawyers acted promptly upon discovery of this mistake,’ Richard Sauber, White House special counsel, said in a statement about Hur’s appointment.

This could mark a major turning point in Biden’s presidency. He has steered clear of legal problems thus far even as Republicans have targeted the business dealings of his son Hunter Biden and have launched a special committee to probe the ‘weaponization’ of the federal government.

Attorney General Merrick Garland appoints Special Counsel to review Biden’s classified documents

Attorney General Merrick Garland appointed a special counsel to investigate classified documents in Biden’s possession

Robert K Hur, 50, served as the United States Attorney for the District of Maryland from 2018 to 2021 - he was appointed to that position by Donald Trump

Robert K Hur, 50, served as the United States Attorney for the District of Maryland from 2018 to 2021 – he was appointed to that position by Donald Trump

Timeline of Biden document discovery and initial investigation 

Nov. 2: 10 classified documents were found at the Penn Biden Center, a think tank in Washington, D.C., by President Joe Biden’s lawyers.

Nov. 3: The National Archives was notified of the discovery

Nov. 4: The National Archives’ Office of Inspector General contacted a prosecutor at the Department of Justice and told them that classified material had been discovered at the Penn Biden Center. The documents were secured at an Archives facility

Nov. 8: 2022 midterm election 

Nov. 9: The FBI commenced an assessment to determine whether classified material had been mishandled

Nov. 14: Attorney General Merrick Garland assigned the U.S. Attorney for the Northern District of Illinois, John Lausch, to determine if a special counsel was needed

Dec. 20: The president’s personal attorney informed Lausch that additional documents with classification markings were found in Biden’s garage in Wilmington, Delaware. The FBI secured those documents

Jan 5: Lausch advised Garland that a special counsel should be appointed

Jan 12: The president’s personal attorney informed Lausch that an additional document was discovered at Biden’s Wilmington home

In his short statement on Thursday, Garland revealed a detailed timeline of when the documents were originally discovered and how the initial Justice Department investigation began.

In total, there have been three discoveries of classified materials – at the Penn-Biden Center, a think tank in Washington, D.C.; in Biden’s garage at his Wilmington, Del., home; and an additional discovery at Biden’s Wilmington home.

Garland said the Archives informed the DoJ of the first discovery on Nov. 4th and the FBI began an investigation five days later.

On Nov. 14th, Garland assigned the U.S. Attorney for the Northern District of Illinois, John Lausch, to determine if a special counsel was needed. Lausch would ultimately make such a recommendation.

On Dec. 20th, Biden’s personal attorney told Lausch that additional files were found in Biden’s Wilmington garage.

The Justice Department was informed of the third discovery on Thursday morning – the same day as the special counsel announcement and the same day the White House announced additional classified materials was found in Biden’s possession at his Wilmington home.

This is not Garland’s first time naming a special counsel. Last year, he appointed Jack Smith as special counsel to investigate classified documents in the possession of former President Donald Trump. 

There are now separate special counsels investigating two presidents – who may again end up as rivals in the 2024 election. 

When it was revealed that Biden also had classified documents – dating back to when he was vice president – Republicans demanded a similar move by the attorney general.

Garland said on Thursday that Hur is authorized ‘to investigate whether any person or entity violated the law in connection’ with the classified documents. 

‘I will conduct the assigned investigation with fair, impartial, and dispassionate judgment. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,’ Hur said in a statement released after his appointment was announced.  

Garland stressed Hur’s independence. 

‘A special counsel will not be subjected to the day-to-day supervision of any official of the department. But he must comply with the regulations, procedures, and policies of the department,’ he said.

Hur, 50, served as the United States Attorney for the District of Maryland from 2018 to 2021. He previously served as principal associate deputy attorney general.

Trump appointed Hur to the top law enforcement job in Maryland.  

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‘I am confident that Mr. Hur will carry out his responsibility in an even handed an urgent matter, and in accordance with the highest traditions of this department,’ Garland said during the five-minute announcement at the Justice Department.

He did not answer questions as he left the room.

Multiple aides who worked for Biden in the final days of the Obama administration have been interviewed by Justice Department, NBC News reported. 

Kathy Chung, who was Biden’s executive assistant while he was vice president and helped pack up his vice presidential office in January 2017, is one of them.

She currently serves as deputy director of protocol for Secretary of Defense Lloyd Austin. 

Trump was among the many Republicans demanding a special counsel – and he demanded Garland end the probe into his handling of classified material.

‘Merrick Garland has to immediately end Special Counsel investigation into anything related to me because I did everything right, and appoint a Special Counsel to investigate Joe Biden who hates Biden as much as Jack Smith hates me,’ he said on Truth Social on Thursday.

Garland’s announcement came after the White House revealed a second batch of classified documents was discovered in President Biden’s ‘personal library’ at his home in Wilmington, Delaware and other documents in his garage.

It was the latest bombshell comes just days after reports that sensitive documents were also found in his former office in Washington, D.C. 

A second batch of classified documents were found in a garage ‘storage space’ in President Biden’s Wilmington home, the President’s counsel revealed on Thursday 

Joe Biden tweets a video of himself with his classic 1967 Corvette Stingray - which was in the same garage as documents

Joe Biden tweets a video of himself with his classic 1967 Corvette Stingray – which was in the same garage as documents

Special Counsel Robert K. Hur to review Biden documents probe has experience in prosecuting public corruption and mishandling of classified documents

On January 12, Robert K. Hur was appointed as Special Counsel by U.S. Attorney General Merrick Garland to oversee a Biden document probe. The former federal prosecutor served in top career positions at the Justice Department during the Trump and Obama administrations.

Hur served as the U.S. attorney for Maryland, the top prosecutor’s role in the state, during the Trump administration after the president nominated him in 2017.

He went after politicians in Baltimore for public corruption – as well as leading the prosecution of what DOJ called ‘two of the most significant breach cases in history.’

Special Counsel Robert K. Hur

Special Counsel Robert K. Hur

Those cases related to a former NSA contractor who ‘stole and retained classified material over two decades and stored it in his home and car,’ and a former NSA employee who ‘removed and kept at his home massive troves of highly classified national defense information.’

Hur said the sentence ‘should serve as a warning that we will find and prosecute government employees and contractors who flagrantly violate their duty to protect classified materials.’

He also went after criminal gang members, including members of the notorious international crime gang, MS-13.

Hur’s pedigree includes clerking for Supreme Court Justice William Rehnquist, earning his J.D. at Stanford law school, and becoming a partner at the law firm of Gibbon, Dunn, & Crutcher, where the firm touted his government and private sector experience.

He was confirmed unanimously by the Senate to the U.S. Attorney post in 2018 after being nominated by Trump. He was lauded in a statement at the time by home-state Democratic Sens. Benjamin Cardin and Chris Van Hollen.

‘I will conduct the assigned investigation with fair, impartial, and dispassionate judgment. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,’ Hur said after Garland announced his appointment.

Before serving as U.S. Attorney in Maryland, Hur was the Principal Associate Deputy Attorney General at the main Justice Department headquarters, where he served as a top aide to former Deputy AG Rod Rosenstein – a key figure overseeing the Russia probe during the Trump administration.

Earlier, he was special assistant to current FBI Director Christopher Wray when Wray was Assistant Attorney General in charge of the Criminal Division

 

Richard Sauber, Special Counsel to the President, said the files were immediately handed over to the National Archives and the Department of Justice was notified. 

Biden told reporters at the White House that he was ‘cooperating fully and completely’ with a Justice Department investigation as to how and why classified information and government records were improperly stored.

Peter Doocy of Fox News asked the president how he could keep ‘classified materials [in his garage] next to your Corvette. What were you thinking?’ – a reference to his classic 1967 Stingray which his son, Hunter, had rebuilt for him as a Christmas present.

‘By the way, my Corvette’s in locked garage, okay? It’s not like it’s sitting out in the street,’ Biden shot back. He confirmed the documents were kept in a locked garage, saying, ‘Yes – as well as my Corvette.’

‘People know I take classified documents,’ classified materials seriously,’ Biden said, beginning to read a prepared statement.

‘I’m going to get a chance to speak on this soon, God willing,’ he added, as reporters shouted questions. ‘We’re going to see all this unfold.’

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The tense back and forth comes after Biden dodged questions during a trip to Mexico about whether he mishandled documents. 

He said lawyers ‘discovered a small number of documents with classified markings in storage areas and file cabinets in my home and my – my personal library.’ 

‘The Department of Justice was immediately notified, he said. ‘We’re going to see all this unfold, I’m confident …’ he said.  Biden’s voice trailed off, leading to a chorus of shouted questions. ‘Thank you very much,’ he concluded. 

Then, amid the cacophony of questions, he pointed to the back of the auditorium in the Eisenhower Executive Office Building where he was speaking. ‘Hey how you doing? Good to see you!’ he yelled, then walked off stage. 

The disclosure comes as the White House face multiple questions on why the discoveries have not been revealed until now and who was handling them. 

The first set of files, found a week before the November midterms, was located in a locked closet at the Penn-Biden Center in Washington D.C.

Biden got asked how he could have classified materials 'next to your Corvette.' He shot back: 'By the way, my Corvette's in locked garage, okay?'

 Biden got asked how he could have classified materials ‘next to your Corvette.’ He shot back: ‘By the way, my Corvette’s in locked garage, okay?’

He said lawyers 'discovered a small number of documents with classified markings in storage areas and file cabinets in my home and my - my personal library.' He also referenced the discovery of materials at the Penn Biden Center in Washington

He said lawyers ‘discovered a small number of documents with classified markings in storage areas and file cabinets in my home and my – my personal library.’ He also referenced the discovery of materials at the Penn Biden Center in Washington

The discovery of classified materials at the Penn Biden Center has caused a political uproar, and comes amid a DOJ investigation of

The discovery of classified materials at the Penn Biden Center has caused a political uproar, and comes amid a DOJ investigation of 

Attorney General Merrick Garland’s full statement on a special counsel 

Good afternoon.

I am here today to announce the appointment of Robert Hur as a Special Counsel, pursuant to Department of Justice regulations governing such matters. In keeping with those regulations, I have today notified the designated members of each House of Congress of the appointment.

I am joined today by John Lausch, the U.S. Attorney for the Northern District of Illinois, who conducted the initial investigation into the matter that I will describe today.

On the evening of November 4, 2022, the National Archives Office of Inspector General contacted a prosecutor at the Department of Justice. It informed him that the White House [Counsel] had notified the Archives that documents bearing classification markings were identified at the office of the Penn Biden Center for Diplomacy and Global Engagement, located in Washington, D.C. That office was not authorized for storage of classified documents. The prosecutor was also advised that those documents had been secured in an Archives facility.

On November 9, the FBI commenced an assessment, consistent with standard protocols, to understand whether classified information had been mishandled in violation of federal law.

On November 14, pursuant to Section 600.2(b) of the Special Counsel regulations, I assigned U.S. Attorney Lausch to conduct an initial investigation to inform my decision whether to appoint a Special Counsel.

Mr. Lausch has served as the U.S. Attorney in Chicago since 2017. Before that, he spent more than a decade as an Assistant U.S. Attorney in that same office. I selected him to conduct the initial investigation because I was confident his experience would ensure that it would be done professionally and expeditiously.

On December 20, President Biden’s personal counsel informed Mr. Lausch that additional documents bearing classification markings were identified in the garage of the President’s private residence in Wilmington, Delaware. President Biden’s counsel informed Mr. Lausch that those documents were among other records from the period of the President’s service as Vice President. The FBI went to the location and secured those documents.

On January 5, 2023, Mr. Lausch briefed me on the results of his initial investigation and advised me that further investigation by a Special Counsel was warranted. Based on Mr. Lausch’s initial investigation, I concluded that, under the Special Counsel regulations, it was in the public interest to appoint a Special Counsel. In the days since, while Mr. Lausch continued the investigation, the Department identified Mr. Hur for appointment as Special Counsel.

This morning, President Biden’s personal counsel called Mr. Lausch and stated that an additional document bearing classification markings was identified at the President’s personal residence in Wilmington, Delaware.

When I first contacted Mr. Lausch about this matter, he said he could lead the initial investigation but would be unable to accept any longer term assignment because he would be leaving the Department in early 2023 for the private sector. U.S. Attorney Lausch and his team of prosecutors and agents have conducted this initial investigation with professionalism and speed. I am grateful to them.

Earlier today, I signed an order appointing Robert Hur as Special Counsel for the matter I have just described. The document [order] authorizes him to investigate whether any person or entity violated the law in connection with this matter. The Special Counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department.

Mr. Hur has a long and distinguished career as a prosecutor. In 2003, he joined the Department’s Criminal Division, where he worked on counterterrorism, corporate fraud, and appellate matters. From 2007 until 2014, Mr. Hur served as an Assistant U.S. Attorney for the District of Maryland, where he prosecuted matters ranging from violent crime to financial fraud. In 2017, Mr. Hur rejoined the Department as the Principal Associate Deputy Attorney General. In 2018, he was nominated and confirmed to serve as the U.S. Attorney for the District of Maryland. As U.S. Attorney, he supervised some of the Department’s more important national security, public corruption, and other high-profile matters.

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I will ensure that Mr. Hur receives all the resources he needs to conduct his work.

As I have said before, I strongly believe that the normal processes of this Department can handle all investigations with integrity. But, under the regulations, the extraordinary circumstances here require the appointment of a Special Counsel for this matter.

This appointment underscores for the public the Department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law.

I am confident that Mr. Hur will carry out his responsibility in an even-handed and urgent manner, and in accordance with the highest traditions of this Department. Thank you all.

The classified documents are believed to have contained information on Iran, Ukraine, the United Kingdom and personal family information including documents about late son Beau’s funeral.

Biden has said he didn’t know what was in the materials and didn’t know of their existence until his personal lawyer informed him of them. 

The president’s attorney’s were cleaning out the D.C. think tank to prepare for it to be shuttered. The files were discovered when Biden’s lawyer saw an envelope that indicated it contained personal files, opened it and saw there were classified documents inside. 

The lawyer closed the envelope and called the National Archives. The attorneys then conducted an investigation of other locations where files from Biden’s Vice-Presidential office might have been shipped in the course of the 2017 transition.

The White House said Thursday that review was completed on Wednesday night. And it also announced more classified files had been discovered. 

‘As we stated previously, we are fully cooperating with the National Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in possession of the Archives,’ Sauber, the White House special counsel, said in the Thursday statement.

‘Following the discovery of government documents at the Penn Biden Center in November 2022, and coordinating closely with the Department of Justice, the President’s lawyers have searched the President’s Wilmington and Rehoboth Beach, Delaware, residences.’

The White House said during that review the additional classified documents were discovered.

‘During the review, the lawyers discovered among personal and political papers a small number of additional Obama-Biden Administration records with classified markings. 

‘All but one of these documents were found in storage space in the President’s Wilmington residence garage. 

‘One document consisting of one page was discovered among stored materials in an adjacent room. No documents were found in the Rehoboth Beach residence,’ the special counsel said.

Sauber the Justice Department was immediately notified and ‘the lawyers arranged for the Department of Justice to take possession of these documents.’

He said the White House will ‘continue to cooperate’ with the Justice Department’s investigation. 

In August, as the Trump investigation will heat up, Biden was asked if it was appropriate to take classified materials home. 

He said that he had done so, noting: ‘I have, in my home, a cabined off space that is completely secure.’

Former President Donald Trump had classified documents at his home in Mar-a-Lago, Florida after leaving office in 2021 but after numerous attempts by the National Archive, the DOJ allowed the FBI to search the estate for White House documents

Former President Donald Trump had classified documents at his home in Mar-a-Lago, Florida after leaving office in 2021 but after numerous attempts by the National Archive, the DOJ allowed the FBI to search the estate for White House documents

Armed Secret Service agents stand outside an entrance to former President Donald Trump's Mar-a-Lago estate in August 2022 as FBI agents search estate for classified documents taken from the White House

Armed Secret Service agents stand outside an entrance to former President Donald Trump’s Mar-a-Lago estate in August 2022 as FBI agents search estate for classified documents taken from the White House

A special counsel is already reviewing former President Donald Trump’s possession of highly classified materials at his Mar-a-Lago residence. FBI agents searched the residence this summer under a grand jury subpoena after a months-long process seeking to obtain government material. 

Biden blasted Trump’s handling of materials in the past, and has stated that he takes care when bringing classified documents home as president that he gets briefed in a secured room and returns classified materials to a military aide.

He told CBS ’60 Minutes’ after the Mar-a-Lago raid: ‘How that could possibly happen? How one – anyone could be that irresponsible?’

Biden’s Corvette, a wedding gift from his father more than 50 years ago, has been valued at $78,000. 

The White House has consistently emphasized Biden’s attorneys found the documents and promptly turned them over to the Archives, arguing all proper procedures were followed.

In Trump’s case, the Archives realized documents from his administration were missing and requested their return. 

Trump eventually gave 15 boxes of materials to the agency, which discovered classified documents among them. When federal investigators suspected the former president was holding onto more documents, they got a judge’s permission to search Mar-a-Lago.

That raid took place in August and turned up more documents.

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