Administration

Former Attorney General Gonzales says he’d appoint special counsel for Biden documents

Former Attorney General Alberto Gonzales speaks about Attorney General William Barr and the Mueller Report during the American Bar Association's (ABA) Young Lawyers Division 2019 Spring Conference, on May 3, 2019 in Washington, DC. (Photo by Mark Wilson/Getty Images)

Former Attorney General Alberto Gonzales said he would appoint a special counsel to investigate the classified documents that were found at a former private office of President Biden’s after reports surfaced of a second batch of documents being discovered.

Gonzales, who served as attorney general in President George W. Bush’s administration, said the possibility that the documents were found in different jurisdictions would further necessitate the need for a special counsel to oversee the work of different investigative districts.

“If you’re asking me, based on what I know,” Gonzales said in an interview on CNN. “I think … during the Bush administration, yes, I would have appointed a special counsel.”

“It’s not my place to second guess or try to put any kind of pressure on [Attorney General] Merrick Garland,” Gonzales added. “Based upon what I know, in the interest of justice, I think a special counsel is likely to be appointed.”

After the discovery of classified documents earlier this weekend at a former private office of Biden’s, it was reported that a second batch of documents was found at a separate location. The White House has avoided questions about the matter, saying it will let the Department of Justice carry out its process.


But lawmakers have already pounced on the news of the discovery of the documents. Republicans have compared it to the case involving former President Trump and the hundreds of classified documents he kept at Mar-a-Lago.

Sen. Lindey Graham (R-S.C.), a senior member of the Senate Judiciary Committee, called for the appointment of a special counsel to investigate the issue.

Sen. Josh Hawley (R-Mo.), also on the Senate Judiciary Committee, sent a letter to Garland on Wednesday requesting that a special counsel be appointed.

While supporting the idea of a special counsel, Gonzales also said that it is possible that Biden had no idea that the documents had been moved to a private office or another location, saying that it is usual that aides are tasked with turning over all documents at the end of an administration.

“Generally, you have aides that have responsibility to gather up that information and move it to a presidential library,” Gonzales said. “It very well could be that President Biden has no idea, quite frankly, what else might be out there because he didn’t actually move the documents.”

Biden said publicly on Tuesday that he was “surprised to learn” of the classified documents being found.