Insights into Classified Documents Probe as Special Counsel Interviews Biden

WASHINGTON >> President Joe Biden has been interviewed as part of an independent investigation into his handling of classified documents, according to a statement released by the White House late Monday. This could indicate that the investigation is reaching its conclusion.

The investigation, led by special counsel Robert Hur, focuses on the improper retention of classified documents by Biden during his time as a U.S. senator, vice president, and in a private office prior to becoming president. These documents were discovered at his Delaware residence and at the private office he used between his service in the Obama administration and his presidency.

Biden has stated that he was unaware of the presence of these documents and has dismissed the significance, stating that “there’s no there there.”

The interview with President Biden was voluntary and took place at the White House on Sunday and Monday, as confirmed by Ian Sams, a spokesperson for the White House counsel’s office.

Details regarding when Hur’s team approached Biden’s lawyers for the interview and the duration of the negotiation remain unknown. On August 25, when asked if he intended to sit for an interview with the special counsel, Biden responded, “There’s no such request and no such interest.”

It is possible that this interview signifies the approaching conclusion of the special counsel investigation.

Back in 2016, former FBI Director James Comey recommended against criminal charges for former Secretary of State Hillary Clinton, the Democratic presidential nominee, regarding her handling of classified information. This recommendation came just three days after she was interviewed by FBI agents at their headquarters.

Hur’s investigation into Biden has already questioned a wide range of witnesses regarding their knowledge of the handling of classified documents.

Sams restated that both Biden and the White House are cooperating with the investigation and referred further inquiries to the Justice Department.

Sams said, “As we have stated from the beginning, the President and the White House are fully cooperating with this investigation. We have been transparent in providing relevant updates to the public while protecting the integrity of the investigation. At this time, we defer other questions to the Justice Department.”

In January 2023, Attorney General Merrick Garland appointed Hur, a former U.S. attorney for Maryland, to oversee this politically sensitive Justice Department inquiry to prevent conflicts of interest.

This investigation is one of three ongoing Justice Department investigations into the handling of classified documents by prominent political figures.

It is important to note that the investigation into Biden is separate from special counsel Jack Smith’s probe into the handling of classified documents by former President Donald Trump after his departure from the White House. Smith’s team has charged Trump with illegally retaining top secret records at his Mar-a-Lago home in Florida and obstructing government efforts to recover them. Trump has denied any wrongdoing.

There is currently no evidence to suggest that Biden engaged in similar conduct or intentionally held onto records that he wasn’t authorized to possess.

When questioned in January about the discovery of the documents, Biden stated that they were promptly handed over to the National Archives and the Justice Department. He emphasized his full cooperation with the investigation and his desire for a swift resolution.

“I believe you will find that there is nothing of substance in this matter. There’s no there there,” Biden said.

In June, the Justice Department informed former Vice President Mike Pence’s legal team that it would not pursue criminal charges against him in relation to classified documents found at his Indiana residence. This news came as Pence finalized his plans to launch his campaign for the 2024 Republican presidential nomination.

In January, about a dozen documents marked as classified were discovered at Pence’s home, after he requested his lawyers to search his belongings as a precaution. These items had been mistakenly boxed and transported to Pence’s home at the end of the previous administration, as explained in a letter from Pence’s lawyer, Greg Jacob, to the National Archives.

During their search in the following month, the FBI found another document with classified markings at Pence’s Indiana house.

Pence has repeatedly claimed that he was unaware of the existence of these documents but acknowledged errors in how he handled classified material.

It is not uncommon for sitting presidents to be interviewed during criminal investigations.

President George W. Bush, for instance, underwent a 70-minute interview as part of an investigation into the leak of a CIA operative’s identity. President Bill Clinton, in 1998, was questioned by independent counsel Kenneth Starr for over four hours before a federal grand jury.

In the case of then-President Donald Trump, special counsel Robert Mueller’s team sought an interview, but Trump never participated. Instead, his lawyers provided written responses to questions.

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