JUST IN: Biden Classified Docs Special Counsel Report Has Been Turned Over To White House For Privilege Review

Attorney General Merrick Garland has notified Congress that Special Counsel Robert Hur’s report on President Joe Biden’s handling of classified and sensitive materials has been sent to the White House for review.

After AG Garland announced of the appointment of Special Counsel Robert Hur to investigate the issue of classified documents discovered by Biden aides in private storage spaces — including his Wilmington home — and immediately turned over to the FBI, Hur’s report is ready.

But in a letter to the leaders of the House and Senate Judiciary Committees, Garland explained that the report is under review by the White House Counsel’s Office, and promised to release as much of the report as possible upon completion of that review:

Dear Chair Durbin, Chairman Jordan, Ranking Member Graham, and Ranking Member Nadler:

In accordance with 28 C.F.R. § 600.9(a)(3), I write to inform you that Special Counsel Robert K. Hur has concluded his investigation. See Attorney General Order 5588-2023 (January 12, 2023).

The Special Counsel regulations provide that this notification is to include, consistent with applicable law, “a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.” 28 C.F.R. § 600.9(a)(3). There were no such instances during Special Counsel Hur’s investigation.

On February 5, 2024, consistent with 28 C.F.R. § 600.8(c), Special Counsel Hur submitted to me his final report accompanied by appendices and a letter from counsel. Prior to submitting his report to me, Special Counsel Hur engaged with the White House Counsel’s Office and the President’s personal counsel to allow comments on the report. That included review by the White House Counsel’s Office for executive privilege consistent with the President’s constitutional prerogatives. The White I-louse’s privilege review has not yet concluded. As I have made clear regarding each Special Counsel who has served since I have taken office, I am committed to making as much of the Special Counsel’s report public as possible, consistent with legal requirements and Department policy.

I will produce to Congress the report, its appendices, and the letter from counsel following completion of the White I-louse’s privilege review.

Finally, consistent with 28 C.F.R. § 600.9(c), I will disclose this letter to the public after delivering it to you.

Sincerely,

Merrick B. Garland

Attorney General

The report is expected to become political fodder for critics of Biden who seek to draw a comparison to former President Donald Trump’s 37 counts stemming from Special Counsel Jack Smith’s investigation into Trump’s retention of classified documents under the Espionage Act and obstruction of that investigation.

The White House counsel’s office anticipates “the privilege review to be complete by the end of the week,” an official told Mediaite.