Biden won’t assert privilege over special counsel report on classified documents

FILE – President Joe Biden meets with Indonesia’s President Joko Widodo in the Oval Office of the White House, Nov. 13, 2023, in Washington. (AP Photo/Andrew Harnik, File)

The White House counsel has concluded its review of a special counsel report on President Biden’s handling of classified documents from his time as vice president and will not assert privilege over any parts of the final result.

The White House notified the Justice Department on Thursday morning that it concluded its privileged review of special counsel Robert Hur’s report, spokesperson Ian Sams said in a statement.

“In keeping with his commitment to cooperation and transparency throughout this investigation, the President declined to assert privilege over any portion of the report,” Sams said.

Attorney General Merrick Garland informed lawmakers in a letter Wednesday that Hur concluded his investigation into Biden’s handling of classified records during his time as vice president and senator.

Hur’s final report was released later Thursday. It recommended no charges for the president.

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

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.

Biden sat for interviews with Hur on two days in October.

The report will likely trigger criticism from 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 after his time in the White House.

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

—Updated at 3:12 p.m.

Tags Ian Sams Joe Biden Merrick Garland

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