Republican roadblock: GOP’s Biden classified document investigations slowed by special counsel

The selection of a special counselor has already slowed Republican-led investigations into President Joe Biden’s classified documents scandal.

On Jan. 12, Attorney General Merrick Galrland appointed Robert Hur, a former Trump appointee, to be special counsel in an investigation into Biden’s mishandling of classified information. Since then, delays have occurred in at least one important GOP inquiry.

In January 2023, the Republican-led Committee on Oversight and Accountability informed the National Archives that it was looking into whether there was any “political bias at the agency” in relation to the Biden saga and former President Donald Trump’s classified records at Mar-a-Lago.

“NARA failed to inform Committee Republicans and the American public for months that President Biden, after serving as Vice President, kept highly classified documents in a closet in his private office. NARA discovered these documents before the 2022 midterm elections, but did not notify the public that President Biden could be violating the law,” Rep. James Comer (R.KY), told the archivist.

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Monday’s Comer’s Committee report stated that National Archives had not met the deadline for information transfer.

Debra Wall, Archivist, had written a defense of her agency’s actions to Comer last Wednesday — and repeatedly cited special counsel Hur as well as the Department of Justice for her inability to provide key details.

Wall stated that her staff had told Comer that they had started the search for responsive records and that we would need to consult with DOJ about the release of such records.

The archivist informed Republican investigators that DOJ had advised it to consult with the Office of Special Counsel (SCO), newly created in DOJ. This would allow them to determine if information could be released without interfering in the investigation of the SCO.

Wall stated that the DOJ could not give us a date for their review due to not having received the materials yet and the fact that the SCO was established only on January 12, but Wall agreed.

Comer was also asked by the archivist to postpone interviews with John Hamilton, her congressional affairs director, and Gary Stern, her general counsel, until DOJ has reviewed the documents. Since any restrictions that are applicable to the documents will automatically apply to interviews,

The spokesperson for the GOP-led Oversight Committee said Monday that the National Archives had not provided the requested documents to them at the time. He also stated that the request of the Comer still stands and that they will be moving forward with a transcript interview with NARA’s general counsel shortly.

Biden’s personal lawyers allegedly discovered classified documents in Biden’s possession Nov. 2, at the Penn Biden Center. Biden’s lawyers discovered more classified documents at Biden’s Wilmington, Delaware home in December and January. The DOJ also found additional documents when it did its own search on Friday.

To deflect questions about Biden’s knowledge and time frame, the White House also used the appointment of a special counsel to use Hur’s investigation and the DOJ to deflect them.

Ian Sams, White House spokesperson, has repeatedly cited the special counsel as the reason why the Biden White House will not answer many questions regarding the Biden classified document saga. He even suggested that some answers might not be available until Hur’s investigation is complete.

Sams referenced a January 2012 statement by Bob Bauer, the Biden personal lawyer. Bauer claimed that the Biden team had “attempted to balance [the importance of transparency] where appropriate with the established norms. These limitations necessary to protect investigation’s integrity” and that these considerations required that details relevant to the ongoing investigation not be released to the public.

Sams stated to reporters that “So, with appointing a special counsel we will continue being limited in what can be shared publicly.” “We will have to refer to DOJ any questions regarding the work of the special counsel, but some of the answers may need to wait until after the review is complete.”

Later that day, reporters asked Karine Jean-Pierre, White House press secretary, if it was safe for them to assume that all classified Biden records are now in the National Archives custody. She also cited the special counsel as an excuse not to answer.

“I will continue to be prudent. Jean-Pierre stated that he would let the ongoing review, this legal process, continue as it is under the supervision of the special counsel. Jean-Pierre said, “We’re certainly not — I’m going to not comment from here. We have made it very clear that we will not comment on legal issues.

She said, “And so. I would refer to you to Department of Justice, and refer you to special counsel as it pertains to specifics on the issue.”

Jean-Pierre also referred reporters multiple times to the special attorney when they declined to answer questions during the press conference. He repeatedly referred reporters again to the special counselor Jan. 18.

Sams reiterated the mantra Monday, saying: “With the appointment a special counsel we will continue being limited in what can we share publicly.” He then proceeded to refer pointed question to DOJ, and the special counsel.

Hur, the special counsel, released one statement on the day of his appointment: “I will conduct this assigned investigation with fair and impartial judgment.”