Garland notifies lawmakers of conclusion of special counsel’s Biden docs probe

Special counsel Robert Hur has concluded his investigation into President Biden’s handling of classified records in his prior government posts, Attorney General Merrick Garland informed lawmakers in a letter Wednesday.

The letter from Garland says nothing about the conclusion Hur reached, but arrives amid reporting that the special counsel is expected to announce the findings of his investigation in coming days.

Garland appointed Hur last January as a special counsel, after documents from Biden’s time as vice president ended up at an old office space and at his Wilmington, Del., home.

Garland said the White House is currently looking over the report as part of a “privilege review.”

“I am committed to making as much of the special counsel’s report public as possible,” Garland wrote in his letter to lawmakers obtained by The Hill.

White House spokesperson Ian Sams said they “anticipate the privilege review will be complete by the end of the week.”

Biden has maintained he did nothing wrong, and his team has repeatedly noted that his lawyers quickly notified the National Archives and cooperated with the Justice Department after discovering the documents in his office at a University of Pennsylvania center in Washington, D.C.

Still, Hur’s investigation has lingered for more than a year, a contrast to his dual supervision of an investigation into former Vice President Mike Pence’s handling of classified records.

Documents were initially found by officials clearing out the office last November, and while the Justice Department was notified immediately, the discovery was not publicly disclosed until last January.

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That kicked off additional searches for records in Biden’s home.

Biden sat for an interview in October with Hur over the course of two days.

Reporting from The Washington Post on Tuesday indicated that the president will not face any charges in connection with the probe, but that Hur’s report is critical of how Biden and his aides handled the classified records.

It’s unclear exactly how many documents were discovered between Biden’s home and office, but statements from the White House indicate a relatively small number.

But the report will no doubt draw comparisons to the probe into former President Trump, whose home was searched after he refused to turn over hundreds of documents with classified markings that were transported to Mar-a-Lago.

In response to a subpoena and the later search, Trump was found to have departed office with more than 300 classified records.

He is now facing more than 40 charges in connection with the investigation currently overseen by special counsel Jack Smith, including numerous counts for violating the Espionage Act, which prohibits willful retention of such documents.

Trump had the documents moved within the property to avoid their collection, and a superseding indictment accused him of coordinating with staff to hide the documents both from his own lawyer as well as the Justice Department. 

Any lack of charges for Biden could reflect the contrast in the two cases, with Biden cooperating with authorities and swiftly returning the documents.

— Updated at 8:26 p.m.