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Biden clears way for disclosure of report probing his classified docs

By Jake Beardslee · February 8, 2024

In brief…

  • Biden declines to assert executive privilege over special counsel report on classified docs
  • Report focuses on improper retention of classified info from Biden's time as senator/VP
  • Comes amid DOJ investigation into Trump's handling of classified materials
  • AG Garland committed to disclosing report after White House review finished
President Biden cleared the way for the release of the special counsel report investigating his mishandling of classified documents by declining to assert executive privilege over any portion of it.  Elvert Barnes from Silver Spring MD, USA/Wikimedia

President Joe Biden will not assert executive privilege over any portion of the Justice Department special counsel report investigating his handling of classified documents, clearing the way for its release, according to White House Counsel’s office spokesman Ian Sams.

“In keeping with his commitment to cooperation and transparency throughout this investigation, the president declined to assert privilege over any portion of the report,” Sams said on Thursday, according to The Associated Press.

The yearlong investigation centered on the improper retention of classified documents by Biden from his time as a senator and vice president. Sensitive records were found in 2022 and 2023 at his Delaware home and at a private office he used between his service in the Obama administration and becoming president.

This comes amid a wider Justice Department investigation that has led to charges against former President Donald Trump, who is accused of unlawfully retaining highly classified documents after he left office and refusing to hand them over when demanded.

Attorney General Merrick Garland said in a letter to Congress Wednesday that he was committed to disclosing as much of the special counsel report as possible once the White House review was complete.

The White House notified the Justice Department Thursday morning that it had finished its review and Biden declined to assert privilege over any portion of the report. This clears the way for the report’s release to Congress and the public.