DOJ declines using FBI for Biden classified document search

WASHINGTON – New details about the investigation into classified documents found at President Joe Biden’s former office and home from his time as Vice President were revealed Tuesday after the Department of Justice considered sending FBI agents to monitor the search for classified material.

Legal Analyst David Weinstein told Local 10 News that the investigation could be delayed because it involves the President.

“Monitoring is the same as conducting but you also have to remember you are dealing with a person who is the sitting President of the United States and you have to give that person some deference,” Weinstein said.

Because the White House is fully cooperating with the government, the DOJ decided to stand down and allow Biden’s team to conduct the search, according to ABC News.

“It seems a bit odd that intelligence agencies, law enforcement agencies wouldn’t want to be the people who actually there while the search was taking place but keep in mind no matter who you are-- you are protected by the Fourth Amendment,” Weinstein said. “You’re dealing with a small number of documents, everything has appeared to been turned over, but I will agree having said all of that, it is a bit unusual that you are dealing with classified documents.”

Roughly twenty documents with classified markings have been found at the two locations, a former office in Washington D.C. and Biden’s family home in Wilmington, Delaware.

As the investigation continues, House Republicans are demanding answers by launching two probes of their own.

The national archives responded to GOP lawmakers Tuesday night, saying it must consult with the DOJ before sharing any information about the classified material to ensure it doesn’t interfere with the special counsel’s probe.

The White House faced more questions on the matter on Wednesday regarding the documents found.

“I’m going to keep it really short today as it relates to this particular issue, as it relates to an ongoing legal matter,” said White House Press Secretary Karine Jean-Pierre. “I’m going to refer you to the Department of Justice.”


About the Author

Ben Kennedy is an Emmy Award-winning Washington Bureau Chief for Local 10 News.