Attorney General Merrick Garland announced on January 12 that he had appointed Special Counsel Robert Hur to oversee an investigation into “possible unauthorized removal and retention of classified documents or other records discovered at the Penn Biden Center for Diplomacy and Global Engagement and the Wilmington, Delaware, private residence of President Joseph R. Biden Jr.” AG Garland added that Hur, former US attorney for Maryland, would receive "all the resources he needs to conduct his work."
As the investigation of the potential mishandling of sensitive documents by Biden begins, here is what we know so far.
Where & When Were the Secret Documents Found?
The sensitive papers at the heart of the current scandal involving the US president were found by Joe Biden's attorneys on November 2 - six days before the midterm elections - at the Penn Biden Center, a Washington think tank with the University of Pennsylvania. Biden, who became US president in January 2021, previously served as US vice president between 2008 and 2016, under then-US President Barack Obama.
After his VP stint, Biden used a temporary office at the think tank during his time as a University of Pennsylvania professor, from mid-2017 until the start of his 2020 presidential campaign.
As Biden's lawyers were clearing out the office and removing Biden's things, they came across documents marked as classified in a locked closet. The files were in a box that included personal documents, including some related to the funeral of Biden's son, Beau Biden, a former US Army soldier who died of brain cancer in 2015. A total of 10 documents with Classified markings, dated between 2013 and 2016, were found on that day. The papers were handed over to the National Archives several hours later.
An office building housing the Penn Biden Center, a think tank affiliated with the University of Pennsylvania, is seen in Washington, DC, January 10, 2023.
© AFP 2023 / SAUL LOEB
Under the circumstances, Biden's lawyers decided to find out if there were any more such sensitive files stashed away, and on December 20 they discovered, as the White House described it, “a small number” of classified documents at a garage at Biden’s home in Wilmington, Delaware. Furthermore, the third batch of docs bearing classified markings was discovered on January 11 at Joe Biden's “personal library” at his residence in Wilmington.
Security personnel stand at the entrance to President Joe Biden and first lady Jill Biden's home in Wilmington, Del., on Feb. 21, 2021.
© AP Photo / Patrick Semansky
What Were the Classified Docs About?
According to US media reports, Joe Biden’s attorneys turned over 10 documents with classified markings in the first batch, some of which were labeled with the highest level of government classification. The material, dated between 2013 and 2016, purportedly contained US intelligence memos and briefing materials on topics ranging from Ukraine to Iran and the United Kingdom.
What Happened After the Docs Were Discovered?
On November 9, 2022, the FBI started an investigation to find out if classified information had been "mishandled" in this case, and whether the Democratic POTUS had violated any federal laws. On November 14, US Attorney General Merrick Garland designated John Lausch, the US attorney for the Northern District of Illinois, to lead the probe and decide if a special counsel should be appointed for the matter. After Lausch briefed AG Garland on the outcome of his preliminary probe, he recommended the appointment of a special counsel.
It was only on January 9, 2023, that the White House publicly acknowledged the discovery of the classified documents, adding that it was cooperating with investigators. Eventually, on January 12, AG Garland appointed Robert Hur, the former US attorney for the district of Maryland, as special counsel.
What Did Biden Say About the Classified Documents?
Surprise was the first reaction from Joe Biden after being briefed on the classified documents discovered at his private office in Washington.
"I was briefed about this discovery and surprised to learn that there were any government records that were taken there to that office, but I don't know what's in the documents," Biden said during a press conference in Mexico City on January 10.
Biden, who was attending a trilateral summit with the leaders of Mexico and Canada, confirmed that his lawyers were fully cooperating with a review of the papers, saying, “People know I take classified documents, classified information seriously.”
When confronted by a reporter on the issue on January 12, Biden defended his handling of the sensitive papers found in his garage, bizarrely quipping:
“My Corvette’s in a locked garage, so it’s not like it’s sitting out on the street.”
What Did the White House Say?
According to a White House statement, the classified documents were “inadvertently misplaced, and the president and his lawyers acted promptly upon discovery of this mistake.”
However, there has been no official explanation offered as to why the discovery of the documents at the Washington office had been kept under a lid ahead of the midterm elections, or why the files found at the Wilmington residence were first reported on by the media this week.
How Did the GOP React?
Congressional Republicans swiftly vowed to probe the president's alleged mishandling of government records. Some GOP lawmakers accused Joe Biden of hypocrisy after he labeled his predecessor Donald Trump's actions pertaining to the handling of sensitive government papers “totally irresponsible” in September. Chairman of the House Oversight Committee, Rep. James Comer (R., Ky.), has launched an investigation, saying the panel was “concerned that President Biden has compromised sources and methods with his own mishandling of classified documents.”
“For years when Vice President Biden left office, it looks like he took classified documents with him, and he was very critical of President Trump,” Rep. Steve Scalise (R-La), the new House majority leader, added.
Ex-President Trump, currently under criminal investigation by the Justice Department over a stash of classified government documents stored at his Florida estate after leaving office, wondered if the FBI would "raid the many homes of Joe Biden, perhaps even the White House," similarly to how agents raided his own Mar-a-Lago mansion in August of 2022.
Trump commented on his Truth Social platform:
“Why didn’t the ‘Justice’ Department announce the Highly Classified documents found in the Biden Office before the Election?”
What Will Happen Next?
In accordance with the Presidential Records Act, at the end of an administration, White House records are to go to the National Archives and Records Administration. However, as is evident in this case, classified documents remained with Joe Biden after his tenure as vice president.
James Comer, who chairs the House Oversight Committee, has already sent letters to the White House Counsel’s Office and the National Archives, requesting:
All documents seized at Biden’s personal office where the classified docs were found;
A list of people with access to that office;
All documents and communications between the White House, Department of Justice, and National Archives regarding the retrieved documents;
All documents and communications related to the handling of classified material by Biden’s personal lawyers, including their security clearance statuses.
The information is to be handed over by a January 24 deadline. Furthermore, the National Archives and Records Administration (NARA) General Counsel Gary Stern and NARA Director of Congressional Affairs John Hamilton are to be available for transcribed interviews with committee staff no later than January 17.
Rep. Mike Turner, new GOP chair of the House Intelligence Committee, called on the director of National Intelligence to conduct a damage assessment for the classified papers discovered at Biden’s private office, writing:
“Those entrusted with access to classified information have a duty and an obligation to protect it. This issue demands a full and thorough review.”