Special Counsel interviews Biden about classified documents

October 10, 2023

Investigators in the office of Special Counsel Ben Hur have interviewed President Biden about his handling of classified documents, the White House said late Monday.

An Administration spokesperson underscored that the interview—a possible sign that the investigation in near wrapping—was voluntary on Biden’s part and conducted at the White House Sunday and Monday.

In January, Attorney General Merrick Garland appointed former U.S. Attorney Hur to investigate the discovery of classified documents at Biden’sprivate office and residence. Biden had voluntarily agreed to an FBI search in late January of his home in Wilmington, Delaware, which uncovered six documents in addition to materials previously found at the Wilmington residence and his private office in Washington, DC called the Penn Biden Center for Diplomacy and Global Engagement, where he was an honorary professor from 2017-2019.

In January, Biden insisted that “people know I take classified documents and classified materials seriously,” adding that “we’re cooperating, fully cooperated with the Justice Department review.”

Since then, no evidence has emerged to suggest that Biden willfully held onto records he wasn’t supposed to have.

Classified documents had also been found in January on the Indiana property of former Vice President Pence, though Garland declined to name a special counsel to investigate in that case, and in June the Department of Justice informed Pence that it would not pursue criminal charges against him.

Meanwhile, as a result of an investigation undertaken by Special Counsel Jack Smith, former President Trump is facing a total of 40 criminal counts related to his handling of classified documents post-Presidency, including 31 counts for willful retention of national defense secrets in violation of the Espionage Act as well as obstruction and other charges. 

Several of those charges arose from a superseding indictment after federal prosecutors say Trump and several accomplices attempted to “conceal” footage from a surveillance camera at his Florida residence, Mar-a-Lago,  that had been subpoenaed by the DOJ.

Trump has repeatedly asserted that he had “the right” to hang on to boxes of sensitive and classified materials post-Presidency.

PHOTO: Penn Biden Center

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