A.G. Garland Names Special Counsel to Investigate Former V.P. Biden’s Possession of Classified Documents
(CNSNews.com) – Attorney General Merrick Garland announced today that he was naming former U.S. Attorney Robert K. Hur to serve as a special counsel assigned to investigate former Vice President Joe Biden’s possession of classified documents—including in a garage at his Delaware home.
Garland made the announcement as John Lausch, the U.S. attorney for the Northern District of Illinois, who has been investigating the matters since November, stood by his side.
“When I first contacted Mr. Lausch about this matter,” said Garland, “he said he could lead the initial investigation but would be unable to accept any longer-term assignment because he would be leaving the department in early 2023 for the private sector. U.S. Attorney Lausch and his team of prosecutors and agents have conducted this initial investigation with professionalism and speed. I am grateful to them.”
Garland further stated that on Nov. 4—which was four days before the midterm elections—the Office of the Inspector General for the National Archives had contacted a federal prosecutor to inform that prosecutor that “the White House had notified the Archives that documents bearing classification markings were identified at the office of the Penn Biden Center for Diplomacy and Global Engagement, located in Washington, D.C.
“That office was not authorized for storage of classified documents,” Garland stated.
Garland explained that ten days after the IG’s office had contacted a federal prosecutor about the classified documents at the Penn Biden Center, he assigned U.S. Attorney Lausch to investigate the matter.
“On Nov. 14, pursuant to Section 600.2b of the special counsel regulations, I assigned U.S. Attorney Lausch to conduct and initial investigation to inform my decision whether to appoint a special counsel. Mr. Lausch has served as the U.S. attorney in Chicago since 2017,” said Garland.
Garland indicated that he had now decided to name Her as special counsel to investigate the matter.
“I am here today to announce the appointment of Robert Hur as a special counsel pursuant to Department of Justice regulations governing such matters. In keeping with those regulations, I have today notified the designated members of each house of Congress of the appointment,” said Garland.
In his statement, Garland said the Lausch had informed him more than three weeks ago that “documents bearing classification markings” had also been found in the garage at Biden’s Delaware home.
“On Dec. 20, President Biden’s personal counsel informed Mr. Lausch that additional documents bearing classification markings were identified in the garage of the president’s private residence in Wilmington, Delaware,” Garland said. “President Biden’s counsel informed Mr. Lausch that those documents were among other records from the period of the president’s service as vice president. The FBI went to the location and secured those documents.”
Here is a transcript of Garland’s full statement announcing the appointment of a special counsel to investigate Biden’s possession of classified documents:
AG Merrick Garland: “Good afternoon, I am here today to announce the appointment of Robert Hur as a special counsel pursuant to Department of Justice regulations governing such matters. In keeping with those regulations, I have today notified the designated members of each house of Congress of the appointment. I am joined today by John Lausch, the U.S. attorney for the Northern District of Illinois, who conducted the initial investigation into the matter that I will describe today.
“On the evening of Nov. 4, 2022, the National Archives Office of Inspector General contacted a prosecutor at the Department of Justice. It informed him that the White House had notified the Archives that documents bearing classification markings were identified at the office of the Penn Biden Center for Diplomacy and Global Engagement, located in Washington, D.C. That office was not authorized for storage of classified documents. The prosecutor was also advised that those documents had been secured in an Archives facility. On Nov. 9, the FBI commenced an assessment, consistent with standard protocols to understand whether classified information had been mishandled in violation of federal law. On Nov. 14, pursuant to Section 600.2b of the special counsel regulations, I assigned U.S. Attorney Lausch to conduct and initial investigation to inform my decision whether to appoint a special counsel. Mr. Lausch has served as the U.S. attorney in Chicago since 2017. Before that he spent more than a decade as an assistant U.S. attorney in that same office. I selected him to conduct the initial investigation because I was confident his experience would insure that it would be done professionally and expeditiously.
“On Dec. 20, President Biden’s personal counsel informed Mr. Lausch that additional documents bearing classification markings were identified in the garage of the president’s private residence in Wilmington, Del. President Biden’s counsel informed Mr. Lausch that those documents were among other records from the period of the president’s service as vice president. The FBI went to the location and secured those documents.
On Jan. 5, 2023, Mr. Lausch briefed me on the results of his initial investigation and advised me that further investigation by a special counsel was warranted.
“Based on Mr. Lausch’s initial investigation, I concluded that under the special counsel regulations it was in the public interest to appoint a special counsel. In the days since, while Mr. Lausch continued the investigation, the department identified Mr. [Robert K.] Hur for appointment as special counsel. This morning, President Biden’s personal counsel called Mr. Lausch and stated that an additional document was identified at the President’s personal residence in Wilmington, Del.
“When I first contacted Mr. Lausch about this matter, he said he could lead the initial investigation but would be unable to accept any longer-term assignment because he would be leaving the department in early 2023 for the private sector. U.S. Attorney Lausch and his team of prosecutors and agents have conducted this initial investigation with professionalism and speed. I am grateful to them.
“Earlier today, I signed an order appointing Robert Hur as special counsel for the matter I have just described. The document authorizes him to investigate whether any person or entity violated the law in connection with this matter. The special counsel will not be subject to the day-to-day supervision of any official of the department, but he must comply with the regulations, procedures and policies of the department.
“Mr. Hur has a long and distinguished career as a prosecutor. In 2003, he joined the department’s criminal division, where he worked on counter-terrorism, corporate fraud and appellate matters. From 2007 until 2014, Mr. Hur served as an assistant U.S. attorney for the District of Maryland, where he prosecuted matters ranging from violent crime to financial fraud. In 2017, Mr. Hur rejoined the department as the principal associate deputy attorney general. In 2018, he was nominated and confirmed to serve as the U.S. attorney for the district of Maryland. As U.S. attorney, he supervised some of the department’s more important national security, pubic corruption and other high-profile matters.
“I will ensure that Mr. Hur receives all the resources he needs to conduct his work.
“As I have said before, I strongly believe that the normal processes of this department can handle all investigations with integrity, but under the regulations, the extraordinary circumstances here require the appointment of a special counsel for this matter. This appointment underscores for the public, the department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law. I am confident that Mr. Her will carry out his responsibility in an even-handed and urgent manner and in accordance with the highest traditions of this department.
“Thank you all.”
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