President Biden did not assert executive privilege or seek to redact any portion of Special Counsel Robert Hur’s now-complete report following his months-long investigation into Biden’s alleged improper retention of classified records, Fox News has learned.
The report, which is expected to be made public imminently, was submitted to Attorney General Merrick Garland on Feb. 5.
Garland notified congressional lawmakers that the White House had the right to review the report and findings for "executive privilege consistent with the President’s constitutional prerogatives."
The White House concluded its privilege review Thursday morning.
"We notified the Justice Department at approximately 9:00 this morning that our privilege review has concluded," White House Counsel's Office spokesperson Ian Sams said. "In keeping with his commitment to cooperation and transparency throughout this investigation, the President declined to assert privilege over any portion of the report."
Hur has been investigating Biden’s improper retention of classified records since last year.
Reports suggest there will be no charges filed against the president.
Classified records were first found inside the Washington, D.C., offices of the Penn Biden Center think tank on Nov. 2, 2022, but only disclosed to the public in early January 2023.
A second stash of classified documents was also found inside the garage of the president’s home in Wilmington, Delaware, in December 2022, prompting Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur to serve as special counsel in January 2023.
Days later, additional classified documents were found in the president’s home in Delaware. The FBI conducted a more than 12-hour search of Biden’s Delaware home, seizing additional classified records.
Biden previously defended the storing of classified documents — some of which were found in his Delaware garage.
"By the way, my Corvette is in a locked garage, so it's not like they're sitting out on the street," he once said.
But Garland, on Nov. 18, 2022, appointed former DOJ official Jack Smith to serve as special counsel to investigate whether Trump was improperly retaining classified records at Mar-a-Lago.
When Smith was appointed to investigate Trump, Garland and top DOJ officials were simultaneously conducting an internal review of President Biden’s mishandling of classified records. That review, and the discovery of classified records at Biden’s office, was not disclosed to the public until January.
Republicans and allies of former President Trump were outraged, blasting the Justice Department for a double standard.
Trump pleaded not guilty to all 37 felony charges out of Smith's probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.
Trump, the 2024 GOP front-runner, was then charged with an additional three counts as part of a superseding indictment out of Smith’s investigation — an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.
That trial is set to begin on May 20.
This is a developing story. Please check back for updates.
