Biden's classified records are being investigated by a special counsel, and the report is currently being reviewed by the White House.

The conclusion of the White House's privilege review of Special Counsel Robert Hur's report has not yet been reached.

Biden's classified records are being investigated by a special counsel, and the report is currently being reviewed by the White House.
Biden's classified records are being investigated by a special counsel, and the report is currently being reviewed by the White House.

Special Counsel Robert Hur has submitted his final report to Attorney General Merrick Garland after months of investigating President Biden's alleged improper retention of classified records.

Garland stated in a letter to Judiciary Committee Chairman Jordan, Ranking Member Nadler, Senate Judiciary Committee Chairman Durbin, and Ranking Member Graham that Hur submitted the final report to the Justice Department on Monday.

"Before submitting his report to me, Special Counsel Hur consulted with the White House Counsel's Office and the President's personal counsel to obtain their feedback on the report. He also allowed the White House Counsel's Office to review the report for executive privilege in accordance with the President's constitutional rights."

Garland stated that the White House's privilege review has not yet been completed.

U.S. Attorney General Merrick Garland
Attorney General Merrick Garland. (Chip Somodevilla/Getty Images)

Garland has stated that he is committed to making as much of the Special Counsel's report public as possible, while adhering to legal requirements and Department policy.

Garland promised to submit to Congress the report, its attachments, and the counsel's letter after the White House's privilege review is completed.

The White House expects the privilege review of Special Counsel Hur's report to be finished by the week's end, according to White House spokesman Ian Sams.

Biden's improper retention of classified records has been under investigation by Hur for over a year. Despite the reports, no charges are expected to be filed against the president.

The Penn Biden Center think tank in Washington, D.C., discovered classified records on November 2, 2022, which were later made public in early January 2023.

In December 2022, a second set of classified documents was discovered in the garage of the president's home in Wilmington, Delaware, leading Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur as special counsel in January 2023.

President Biden
President Biden speaks during the United Auto Workers union conference at the Marriott Marquis in Washington, D.C., on Jan. 24. (SAUL LOEB/AFP via Getty Images)

Additional classified documents were discovered in the president's home in Delaware, prompting the FBI to conduct a 12-hour search and seize more records.

Biden has defended the storing of classified documents in the past.

He mentioned that his Corvette was in a locked garage, so it wasn't visible on the street.

On Nov. 18, 2022, Jack Smith was appointed as special counsel by Garland to investigate whether Trump had improperly retained classified records at Mar-a-Lago.

Robert Hur delivers remarks
U.S. Attorney for the District of Maryland Robert Hur delivers remarks during Deputy Attorney General Rod Rosenstein's farewell ceremony at the Robert F. Kennedy Main Justice Building in Washington, D.C., on May 9, 2019. (Chip Somodevilla/Getty Images)

At the same time that Smith was appointed to investigate Trump, Garland and top DOJ officials were conducting an internal review of Biden's mishandling of classified records. This review and the discovery of classified records at Biden's office were not made public until January.

The Justice Department was criticized by Republicans and allies of former President Trump for applying a double standard.

Smith's investigation led to 37 felony charges against Trump, which include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump pleaded not guilty to all charges.

Jack Smith, Robert Hur
Special Counsel Jack Smith, left, and Special Counsel Robert Hur. (Getty Images)

Trump, the 2024 GOP front-runner, was charged with three additional counts as part of a superseding indictment from Smith's investigation, including an additional count of willful retention of national defense information and two obstruction counts. Trump pleaded not guilty.

That trial is set to begin on May 20.

Earlier this week, Axios learned from Biden's aides that they are concerned that Trump's campaign may use the photos against the Democrat incumbent in their potential 2024 rematch.

The Biden team was accused by Anthony Coley, a former senior adviser to Garland, of slow-walking discovery in the president's classified records case, in contrast to the handling of the Trump probe.

The discovery of classified documents by former President Trump's legal team made the Biden team's slow release of information seem even more damaging, according to an op-ed.

This week, reports indicated that the Biden campaign was worried about the potentially embarrassing photos that were expected to be included in Hur's report.

The campaign was worried that the images would reveal how Biden handled classified materials during his time as Obama's vice president.

Biden was interviewed by Hur at the White House for two days, according to the White House, which stated that the meeting was voluntary.

James Comer, the House Oversight Committee Chairman and co-leader of the impeachment inquiry against President Biden, initiated an investigation last year into whether the classified documents Biden retained contained information about specific countries or individuals with financial ties to the Biden family or their companies.

Biden's classified materials were questioned by Comer, who requested a list of countries named in any documents with classification markings found in Penn Biden Center, Biden's residence, including the garage, in Wilmington, Delaware, or elsewhere; as well as a list of all individuals named in those documents with classification markings; and all documents found with classified markings.

It is unclear if Hur cooperated with Comer's request.

Planet Chronicle' Patrick Ward contributed to this report.

by Brooke Singman,David Spunt,Jake Gibson

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