Justice Department Declined Using FBI For Biden Document Search, Report Says

Topline

The Justice Department recently decided against calling in FBI agents to monitor searches of President Joe Biden’s homes for classified documents, according to the Wall Street Journal, after receiving assurances from Biden’s personal attorneys they would hand over records as soon as they were discovered.

Key Facts

The decision was reportedly reached, in part, because Biden’s attorneys appeared to quickly turn over an initial tranche of documents discovered in November inside Biden’s former private office at the D.C.-based Penn Biden Center.

The discovery has prompted several additional searches at Biden properties, which uncovered more batches of classified records inside Biden’s home in Wilmington, Delaware.

The Justice Department also opted against using FBI agents at an early stage to keep from complicating more significant actions prosecutors could take in the future, like executing a search warrant, according to the Journal, citing sources with knowledge of the investigation.

Neither the White House nor DOJ immediately responded to requests for comment from Forbes.

Key Background

Attorney General Merrick Garland appointed a special counsel last week to oversee the investigation into the records, which Biden claims were simply misplaced. The White House has provided little explanation for how the classified Obama Administration documents ended up in Biden’s personal possession, and it has been blasted for a lack of transparency, only acknowledging the discovery of classified records following media reports about them. Presidents and their administrations are required to turn over sensitive records to the National Archives when a president leaves office in accordance with the Presidential Records Act.

What To Watch For

House Republicans have launched an investigation into how the Justice Department has handled the case. The House Judiciary Committee has demanded several documents from Garland, including all records between the DOJ, FBI and the White House regarding the investigation.

Contra

Former President Donald Trump and numerous other top Republicans have slammed the investigation into Biden, claiming a double standard compared to the probe into Trump’s alleged mishandling of classified records, highlighted by the FBI’s August raid at Mar-A-Lago. But the two cases appear different. Biden claims his attorneys immediately alerted authorities upon finding records, while Trump went months appearing to dodge a subpoena demanding the return of classified documents he possessed. Biden’s team has thus far uncovered just over a dozen classified documents, while more than 300 were recovered from Mar-A-Lago.

Further Reading

Justice Department Considered but Rejected Role in Biden Documents Search (Wall Street Journal)

Mar-A-Lago Raid: FBI Investigating Whether Trump Violated These 3 Statutes (Forbes)

Special Counsel Appointed To Investigate Biden’s Handling Of Classified Material (Forbes)

Biden: ‘I Don’t Know’ Contents Of Classified Documents Found In Private Office (Forbes)

Biden Classified Docs: House Republicans Launch Investigation Into Records (Forbes)