Garland appoints special counsel in Biden documents investigation

Richard Sauber, special counsel to President Biden, issued a statement following the appointment of a special counsel Rob Hur.

Hur served in the Trump administration as the US attorney in Maryland.

Some context: The special counsel announcement significantly escalates the existing inquiry, which started as a review handled by the US attorney in Chicago. This also increases the potential legal exposure for Biden, his aides and lawyers who handled sensitive government materials from his time as vice president. 

Robert Hur issued a statement following his appointment by Attorney General Merrick Garland as special counsel in the Biden documents probe.

“I will conduct the assigned investigation with fair, impartial, and dispassionate judgment. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,” he said.

Attorney General Merrick Garland has appointed a special counsel to oversee the investigation into the classified documents — an endeavor that will most likely focus on fact-finding, CNN chief law enforcement analyst John Miller said.

Miller said that since the Mueller report highlighted the fact that a sitting president cannot be charged with a crime or indicted or brought to trial — the investigations effort into the potential criminality will be complicated.

"When you look at the special counsel's mandate — and there's potential crimes here about the storage and possession of classified documents — it's further complicated by the idea, and remember the Mueller report where in the first pages it said office of legal counsel, guidance from the Department of Justice, says a sitting president can't be charged with a crime or indicted or brought to trial," Miller said.

Appointing a special counsel to take over the investigation into the Obama-era classified documents found at President Joe Biden's home and former private office will not impact the investigation into former President Donald Trump and his handling of sensitive documents, according to Andrew McCabe, former deputy FBI director and CNN senior law enforcement analyst.

Special counsel Jack Smith is currently overseeing the criminal investigations into the retention of national defense information at Trump’s Mar-a-Lago resort and parts of the Jan. 6, 2021, insurrection.

While both of these cases deal with classified materials, it's important for the Department of Justice to "proceed where the facts take them."

"I think it's absolutely essential that DOJ approach the initiation of these investigations in the same way, with the same level of seriousness, and with the appointment of special counsels, which I think were appropriate in both cases," McCabe said following Garland's announcement to appoint special counsel Robert Hur on Thursday.

But that seriousness is the only thing these two cases have in common, McCabe said, adding, "these cases are entirely different, they should proceed where the facts take them."

Here's a look at how the Biden and Trump documents that were found compare:

Robert Hur, who has been appointed as a special counsel in President Biden's classified documents probe, served in the Trump administration as the US attorney in Maryland.

The well-known former prosecutor most recently has been a lawyer at the Gibson Dunn, a large corporate defense law firm. Earlier in his career, Hur worked in the Justice Department with FBI Director Christopher Wray.

The development also further puts the Justice Department and FBI where they don't want to be — right in the middle of a presidential election for the third straight cycle.  

Since 2015, there have been near-constant FBI probes into presidents and major candidates: Hillary Clinton's emails; Trump's ties to Russia; his efforts to overturn the 2020 election and his hoarding of classified materials; and now Biden's handling of classified files.

Robert Hur, who has been named by Attorney General Merrick Garland as special counsel in the probe into Obama-era documents found in President Joe Biden's personal home in Delaware, was described by Garland as having a "long and distinguished career as a prosecutor."

The well-known former prosecutor most recently has been a lawyer at Gibson Dunn, a large corporate defense law firm. Earlier in his career, Hur worked in the Justice Department with FBI Director Christopher Wray.

"In 2017, Mr. Hur rejoined the department as the principal associate deputy attorney general. In 2018, he was nominated and confirmed to serve as a US attorney for the district of Maryland. As US attorney, he supervised some of the department's more important national security, public corruption and other high-profile matters," Garland added.

Garland promised Hur would get "all the resources he needs."

John Miller, CNN chief law enforcement and intelligence analyst, said the selection of Hur is "particularly well thought-out."

Hur "made a name for himself as US attorney in Maryland, prosecuting the former mayor of Baltimore, the former police commissioner of Baltimore, delegates and a state senator ... He did two very significant investigations into the NSA — two employees, both of whom carried large amounts of classified documents out of the NSA," Miller added.

"He is very adept at how to navigate the care, handling, proper handling of classified information and where the lines are between the crime," he said.  

Hur attended Harvard and Stanford Law School. He is a member of the bars of Maryland and the District of Columbia.

Attorney General Merrick Garland detailed the timeline of the investigation into President Joe Biden’s potential mishandling of classified documents.

Here's what he said:

Nov. 4, 2022: The National Archives Office of Inspector General contacted a prosecutor at the Department of Justice in the evening. 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, DC. 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.

Nov. 9, 2022: The FBI commenced an assessment consistent with standard protocols to understand whether classified information had been mishandled in violation of federal law.

Nov. 14, 2022: Pursuant to Section 600.2B of the Special Counsel Regulations, Garland assigned US Attorney John Lausch Jr. to conduct an initial investigation to inform my decision whether to appoint a special counsel. 

"I selected him to conduct the initial investigation because I was confident his experience would ensure that it would be done professionally and expeditiously," he said.

Dec. 20, 2022: President Biden's personal counsel informed Mr. Lausch that additional documents bearing classified markings were identified in the garage of the president's private residence in Wilmington, Delaware. 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.

Jan. 5, 2023: Lausch briefed Garland on the results of his initial investigation and advised 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," Garland said.

In the days since, while Mr. Lausch continued the investigation the department identified Mr. Hur for appointment to special counsel.

This morning, President Biden's personal counsel called Mr. Lausch and stated that an additional document bearing classification markings was identified at the president's personal residence in Wilmington, Delaware. 

Attorney General Merrick Garland has appointed a special counsel to take over the investigation into President Joe Biden's potential mishandling of classified documents. 

The special counsel is Robert Hur.

Implications for Biden: The appointment is a major moment for Biden, who has mostly been able to steer clear of legal problems during his time in the White House. The special counsel investigation, along with the aggressive new Republican-led House of Representatives, means Biden may be on the defensive for the next two years. 

The appointment comes hours after the White House counsel’s office said in a statement that Biden’s aides located Obama-era documents with classified markings at two locations inside his home in Wilmington, Delaware.

The documents were located in a storage area in Biden’s garage and an adjacent room, the statement reads. Biden frequently spends weekends at the home, located in a wealthy, wooded enclave on a lake.

Speaking Thursday, Biden said the documents were in a “locked garage” and that he was cooperating fully with the Department of Justice.

CNN previously reported that 10 classified documents, including US intelligence materials and briefing memos about Ukraine, Iran and the United Kingdom, were also discovered when Biden’s personal attorneys were packing files at his former private office in November.

Some of the classified documents were “top secret,” the highest level. They were found in three or four boxes that also contained unclassified papers that fall under the Presidential Records Act, CNN has reported.

US Attorney General Merrick Garland is making a statement at the Justice Department. The department did not say what the subject of the statement will be. 

The comments come as the White House confirmed that President Joe Biden’s aides located Obama-era documents with classified markings at two locations inside his home in Wilmington, Delaware.

CNN reported Wednesday that Biden’s legal team had found another batch of classified documents in a search that began after classified documents were found at his former think tank office in Washington in early November.

Garland has asked the US attorney in Chicago to review the matter, a source familiar with the matter previously told CNN, a process that is still in a preliminary stage. That US attorney, John Lausch Jr., has already completed the initial part of his inquiry, a source familiar with his work told CNN. He has provided his preliminary findings to Garland, the source said.

Several people associated with Biden have been interviewed as part of the Justice Department investigation into the discovery of classified documents from his time as vice president, according to two people briefed on the matter.