Attorney General Merrick Garland announces special counsel to oversee Biden documents probe - CBS News

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Washington — Attorney General Merrick Garland has appointed the erstwhile U.S. lawyer from Maryland arsenic peculiar counsel to oversee the probe of documents with classified markings recovered astatine President Biden's erstwhile bureau astatine a Washington deliberation vessel and successful the store astatine his Wilmington, Delaware, home, Garland announced Thursday.

Robert Hur, the erstwhile apical national authoritative successful Maryland, volition service arsenic the peculiar counsel overseeing the reappraisal of the documents, which day backmost to Mr. Biden's clip arsenic vice president successful the Obama administration. Hur served arsenic U.S. lawyer during the Trump medication and is the 2nd peculiar counsel appointed to oversee an probe into delicate documents recovered aft the extremity of a statesmanlike administration. 

Garland appointed Jack Smith successful November to instrumentality implicit the probe into erstwhile President Donald Trump's handling of delicate authorities documents.

Special Report: Special counsel appointed successful Biden documents probe 15:04

Their appointments thrust the Justice Department into familiar, yet uncharted waters, with 2 autarkic probes into the apt statesmanlike frontrunners being carried retired conscionable arsenic the adjacent predetermination rhythm is acceptable to commence. 

"I powerfully judge that the mean processes of this section tin grip each investigations with integrity, but nether the regulations, the bonzer circumstances present necessitate the assignment of a peculiar counsel for this matter," Garland said during little remarks announcing Hur's appointment. "This assignment underscores for the nationalist the department's committedness to some independency and accountability successful peculiarly delicate matters and to making decisions indisputably guided lone by the facts and the law."

Garland said that during Hur's tenure arsenic the U.S. lawyer successful Maryland, helium supervised immoderate of the Justice Department's "more important" nationalist security, nationalist corruption and different high-profile matters. 

In a abstracted statement, Hur pledged to behaviour the probe with "fair, impartial, and dispassionate judgment."

"I mean to travel the facts swiftly and thoroughly, without fearfulness oregon favor, and volition grant the spot placed successful maine to execute this service," helium said.

Richard Sauber, a White House lawyer who serves arsenic Mr. Biden's peculiar counsel, said successful a connection that the White House volition afloat cooperate with the probe.

"As the president said, helium takes classified accusation and materials seriously, and arsenic we person said, we person cooperated from the infinitesimal we informed the Archives that a tiny fig of documents were found, and we volition proceed to cooperate," helium said. 

Sauber said the White House is "confident that a thorough reappraisal volition amusement that these documents were inadvertently misplaced, and the president and his lawyers acted promptly upon find of this mistake."

CBS News reported Monday that astir 10 documents marked classified were discovered by Mr. Biden's idiosyncratic lawyers astatine his vice-presidential bureau astatine the Penn Biden Center for Diplomacy and Global Engagement connected Nov. 2, days earlier the midterm elections, and turned implicit to the National Archives and Records Administration.

The Archives notified the Justice Department connected Nov. 4, Garland said during his remarks, and connected Nov. 9, the FBI commenced an appraisal to recognize whether classified accusation had been mishandled successful usurpation of national law.

Several days later, connected Nov. 14, the lawyer wide assigned the U.S. lawyer successful Chicago, John Lausch, to reappraisal the documents and analyse however they ended up astatine the deliberation tank. Lausch was appointed to the station by Trump but is leaving the Justice Department for the backstage assemblage successful aboriginal 2023.

Attorney General Merrick Garland Attorney General Merrick Garland names an autarkic peculiar counsel to probe President Joe Biden's handling of classified documents recovered astatine his erstwhile bureau and home, connected January 12, 2023. At near is John Lausch, U.S. Attorney for the Northern District of Illinois. OLIVIER DOULIERY/AFP via Getty Images

Sauber confirmed Thursday that Mr. Biden's attorneys found a 2nd "small number" of documents from the Obama medication successful a store successful his Wilmington home, and different azygous papers was discovered successful an adjacent room. No documents were recovered successful Mr. Biden's Rehoboth Beach home.

Garland revealed Thursday that Mr. Biden's idiosyncratic counsel informed Lausch connected Dec. 20 of the materials discovered successful the store successful Wilmington, which were among different records from Mr. Biden's tenure arsenic vice president. The FBI past went and secured the documents, according to the lawyer general.

Lausch learned Thursday greeting of the azygous papers bearing classification markings that was recovered astatine Mr. Biden's Wilmington home.

The Justice Department was "immediately notified" of the documents, and the White House is "fully cooperating with the National Archives and the Department of Justice  in a process to guarantee that immoderate Obama-Biden Administration records are appropriately successful possession of the Archives," Sauber said.

Garland's determination to name a peculiar counsel successful Mr. Biden's lawsuit comes conscionable months aft helium appointed different prosecutor, Smith, arsenic peculiar counsel to analyse Trump's handling of delicate authorities records recovered astatine his South Florida residence from the White House aft his presidency.

In summation to the documents lawsuit involving Trump, Smith is overseeing the probe into efforts to overturn the results of the 2020 statesmanlike election. He was tapped to instrumentality implicit the probes aft Trump announced helium would beryllium running for president a 3rd time.

While determination are parallels betwixt the investigations into Mr. Biden and Trump, the scope and standard are markedly different.  

In the lawsuit involving the erstwhile president, efforts by the Archives to retrieve materials taken by Trump to Mar-a-Lago spanned much than a year. The bureau received 15 boxes of statesmanlike records from the South Florida edifice successful mid-January 2022, and aboriginal revealed immoderate of the documents contained records marked classified. Archives officials, though, believed immoderate records remained unaccounted for.

The Justice Department said 184 documents with classification markings were among the materials successful the boxes retrieved by the Archives from Mar-a-Lago, immoderate of which see the "highest levels of classification."

After repeated communications betwixt apical Archives officials and Trump's lawyers, the Justice Department yet obtained a expansive assemblage subpoena successful May for "any and all" documents bearing classification markings successful Trump's possession astatine Mar-a-Lago, and acceptable a May 24 deadline for them to beryllium turned over.

Trump's lawyers provided national investigators a ample envelope containing 38 documents with classification markings successful effect to the subpoena, and the custodian of records for Trump's post-presidential bureau attested that "any and each responsive documents" were provided.

But aft uncovering "multiple sources of evidence" indicating delicate documents remained astatine Mar-a-Lago, the FBI sought and received from a national magistrate justice the hunt warrant for the property. The hunt was conducted Aug. 8, and the FBI retrieved 103 records, among which were "some indicating the highest levels of classification and highly constricted distribution," national prosecutors said successful tribunal filings.

Federal investigators recovered much than 300 documents marked classified successful each from Mar-a-Lago, and Justice Department lawyers revealed successful tribunal filings successful August that Trump is under investigation for imaginable violations of the Espionage Act, obstruction of justness and unlawful concealment oregon removal of authorities records. 

Retaining classified accusation aft leaving authorities work does not needfully effect successful transgression charges. The FBI determined that erstwhile Secretary of State Hillary Clinton had classified worldly connected a backstage email server for respective years aft she near the State Department successful 2013 and concluded that sloppiness, not sick intent, was to blame.  

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