By Aruna Viswanatha , Sadie Gurman and C. Ryan Barber title via The Liberty Daily
The Justice Department considered having FBI agents monitor a search by President Biden’s lawyers for classified documents at his homes but decided against it, both to avoid complicating later stages of the investigation and because Mr. Biden’s attorneys had quickly turned over a first batch and were cooperating, according to people familiar with the matter.
After Mr. Biden’s lawyers discovered documents marked as classified dating from his term as vice president at an office he used at a Washington-based think tank on Nov. 2, the Justice Department opened an inquiry into why and how they got there. Mr. Biden’s legal team prepared to search his other properties for any similar documents, and discussed with the Justice Department the prospect of having FBI agents present while Mr. Biden’s lawyers conducted the additional searches.
Instead, the two sides agreed that Mr. Biden’s personal attorneys would inspect the homes, notify the Justice Department as soon as they identified any other potentially classified records, and arrange for law-enforcement authorities to take them.
Those deliberations, which haven’t previously been reported, shed new light on how the Biden team’s efforts to cooperate with investigators have thus far helped it avoid more aggressive actions by law enforcement.
In the week since news reports first surfaced about the documents, the incident has drawn parallels to the discovery of a much larger number of documents at former President Donald Trump’s Mar-a-Lago home in Florida, which federal agents obtained a warrant to search in August after more than a year of negotiations between Mr. Trump’s lawyers, the National Archives and the Justice Department and after Mr. Trump’s lawyers said all documents had been returned.
Mr. Trump’s supporters have accused the Justice Department of a double standard in treatment; Mr. Biden’s supporters have pointed to the president’s legal team’s cooperation and swift moves to inform the Justice Department of the documents’ discovery as a key difference. Mr. Biden has said he doesn’t know what the documents are or how they wound up in those places.
President Biden said Thursday a “small number” of classified documents from his time as vice president were found at his home and in his personal library. Attorney General Merrick Garland outlined the decision to appoint a special counsel to investigate. Photo: Kevin Dietsch/Getty Images
The discussions and the Justice Department’s willingness to let the Biden lawyers do the searches unsupervised also suggest federal investigators are girding for a monthslong inquiry that could stretch well into Mr. Biden’s third year in office.
One reason not to involve the FBI at an early stage: That way the Justice Department would preserve the ability to take a tougher line, including executing a future search warrant, if negotiations ever turned hostile, current and former law-enforcement officials said.
Representatives of the FBI and Justice Department declined to comment. White House spokesman Ian Sams said the president and his team were cooperating fully with the special counsel review “so that it can proceed swiftly and thoroughly.”
The White House revealed on two separate days last week that documents had been located at the president’s Delaware residence, on top of those found at a garage there in December. Part of the reason the new documents were revealed separately is that Mr. Biden’s personal attorneys don’t have security clearances to handle classified documents and had to set aside any material that could qualify as such. Richard Sauber, special counsel to Mr. Biden, who has that clearance, accompanied Justice Department personnel to retrieve documents, when they discovered additional pages with classification markings.
Attorney General Merrick Garland last week assigned a former top prosecutor in the Trump administration, Robert Hur, to serve as special counsel investigating the discovery of the documents in the locales associated with Mr. Biden. Justice Department officials were concerned that an FBI presence as the Biden team hunted for documents could complicate investigators’ ability to execute search warrants or subpoena documents as the investigation proceeds, some of the people said, in a sign that investigators are considering the possibility of a grand jury investigation into the matter.
Mr. Hur is expected to begin his job as special counsel by the end of the month, after he winds down his work as a defense lawyer at the law firm Gibson Dunn, people familiar with his appointment said.
Soon after the initial discovery in November, Mr. Garland tasked the Trump-appointed U.S. attorney in Chicago, John Lausch, with reviewing the documents, with an eye toward determining whether a special counsel should be appointed.
Mr. Lausch told Mr. Garland on Jan. 5 that he thought a special counsel was warranted given the many unanswered questions about the documents, and Mr. Garland quickly agreed, the people said.
Mr. Hur is expected to grapple with legally and politically thorny considerations that could be reminiscent of those from the last special counsel related to a sitting president, potentially including whether to pursue in-person testimony from Mr. Biden. During the 2017-19 special counsel inquiry led by Robert Mueller into Russia’s interference in the 2016 campaign and any links between that effort and the Trump campaign, investigators tried for more than a year to interview then-President Trump before ultimately settling for written testimony.
Mr. Sams declined to say whether Mr. Biden would sit for an interview with the special counsel if asked.
Legal experts said an open-book strategy could help shorten Mr. Hur’s inquiry and keep it from dragging out over Mr. Biden’s presidency.
“My goal would be to get everybody interviewed by Robert Hur as quickly as possible—not throw up roadblocks, not assert privileges, and get this thing over with,” said Neil Eggleston, who served as White House counsel in the Obama administration.
The Justice Department investigation into the Biden documents comes as another special counsel is already deep into a parallel inquiry into the classified documents at Mr. Trump’s Florida home.
Have they looked in idiot Biden’s basement yet? That’s where idiot Biden spent his entire 2020 campaign.
So, the FBI just turns a blind eye to the illegal possession and storage of classified documents at idiot Biden’s home and lets attorneys with no security clearance do the searching and evaluation but when they raided Trump’s home, were there was nothing but declassified documents, Trump’s attorneys couldn’t even be present?
Since the fascist Garland chose not to search any of idiot Biden’s residences and offices it is apparent that the “special council” investigation is to, one, give Cringe Pierre an excuse to dodge questions about idiot Bidne’s theft of documents and, two, to give the “Justice” Department some cover for later coming back and declaring “nothing to see here.”
The two cases, Trump’s and idiot Biden’s, are stark opposites. In Trump’s case, there were no classified documents involved whatsoever; Trump had declassified them. In idiot Biden’s case, he didn’t have the legal power to declassify anything, did not have the legal authority to take any classified documents, did not have the authority to store classified documents and certainly doesn’t have the clearance to or credibility to self-police the search of any such documents.