“All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur

Below is my column in the New York Post on the latest developments in the Biden classified document investigation. The latest search occurred on the first day at the office for Robert Hur as Special Counsel. He may find that any potential criminal case has already been made more difficult by decisions by the FBI.

Here is the column:

The FBI issued the “all clear” on its latest search of one of President Biden’s residences. The announcement came with the first day of special counsel Robert Hur on the job at the Justice Department.

Hur may find that the Biden legal team feels that “all clear” extends beyond the latest search. It could be challenging to make a criminal case after how the investigation has been handled.

At every stage, the FBI has adopted an approach that would compromise or complicate any criminal charge.

The FBI left the home untouched for over three months after classified documents were found in Biden’s former office in DC. While it was recently learned that the FBI did go to that office a couple weeks later, they reportedly elected to have personal counsel for the president conduct searches on the residences. Biden then spent weeks traveling to these residences after the FBI waited to search the premises.

The private searches clearly went through these documents and moved (and potentially organized) material. Despite being given the opportunity to conduct and record the initial searches, the FBI will now have to rely on the accounts of private counsel on how these documents were originally left, including any visible classification markings.

For example, to go through the papers, counsel had to handle them, sort them, and stack or box them. That means that the original conditions are lost in determining, for example, if anyone in the vicinity could have seen a telltale bordered classified jacket or whether a classified document was partially or fully outside of a jacket.

The FBI allowed uncleared private counsel to tread all over these scenes, creating a nightmare of chain of custody.

It then waited weeks to send its own agents to places like Rehoboth Beach as counsel and the Bidens frequented the property.

It is also not clear how the FBI conducted these searches. Reports recently indicated that Biden included classified information in notebooks that were seized in earlier searches. If true, that is a nightmare for investigators because it would require agents to do more than simply look for classified documents with markings at the beginning of paragraphs and tops of pages. They would have to actually read material to determine if Biden incorporated classified material.

In fairness to the FBI, the same hands-off approach was initially used with Trump as the FBI allowed for material to be collected and stored with additional security at Mar-a-Lago.

There are two differences. First, Trump never denied having such material. He insisted that he was allowed to have the files because he considered them unclassified. Second, while the Trump team insists that the FBI was given access to the documents, Trump resisted efforts to turn over all of the documents. Indeed, the FBI has raised a pattern of obstruction and false statements.

With Biden, the FBI did not know where documents might be located. The findings overlap with residential and office space used by Biden over the years. Moreover, they were reportedly told that they could search and seize any documents. They did not use that opportunity to search all of these locations, even after counsel erroneously stated that no more classified material was present at these locations.

The FBI is moving no more aggressively with other possible areas containing classified material. The FBI still has not reportedly searched the massive trove of Biden documents being stored at the University of Delaware. Reports indicate that Biden removed classified material as senator and these records cover that period. Looking for a few documents in Rehoboth Beach and not the university (roughly 80 miles away) with a truckload of documents is like driving past the ocean to go fishing in a wading pool.

The result for Hur is a case that is messier than Biden’s garage. It is hard to see how this investigation would yield a solid criminal case absent confirmation that Biden worked off clearly classified material. If so, he showed both intent and knowledge of unlawful possession during prior years. It would also make his categorical denials of any knowledge appear more sinister and incriminating.

Either way, none of this suggests “transparency,” as Biden likes to boast. The investigation has proceeded with a small fraction of the information leaked or released against Trump. Rep. James Comer (R-Ky.) also says that the National Archives were blocked from putting out a press release about the case — either by the Department of Justice or the White House. Combined with the fact that nothing was made public until after the midterms, it shows that Biden’s team wanted to keep this quiet.

In the end, both Biden and Trump come out looking bad but that is not nearly as bad a thing for Trump.

Jonathan Turley is an attorney and a professor at George Washington University Law School.

252 thoughts on ““All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur”

  1. Slightly OT, but these three points may be somewhat illustrative (apologies for the long post):

    Point 1: All classification is done through the use of classification guides developed by the Original Classification Authority (OCA). The OCA is “An individual authorized in writing, either by the President, the Vice-President, or by agency heads or other officials designated by the President, to originally classify information in the first instance.” (extract from the following link – NARA Information Security Oversight Office https://www.archives.gov/files/isoo/training/scg-handbook.pdf). As I understand it, these are delegated by position rather than by person. Hence, if a person holds the position, they are, by default, an OCA for certain information falling under their purview. As all of these positions fall within the the Executive Branch, they all ultimately report to the President. All of the persons holding these positions develop Classification Guides pertaining to their area of responsibility. These guides determine the elements of information that should be classified and at what level. In my military days I saw both classified and unclassified classification guides. The classified guides were generally at a much higher classification level (either Top Secret or codeword). The CGs also detailed the conditions under which declassification occurred, i.e., the end of an operation, the satisfaction of a certain set of conditions, or a timeframe, usually 50 years. Everyone who generates classified information is taught to use the lowest level that pertains to the content but to never go below what the classification guides requires.

    Point 2: When I decided to resign my commission just prior to the run-up to Desert Shield, I was made the Officer in Charge of my Command’s Crisis Action Team (CAT) wherein I sat in a vault with 20 or so NCOs to work the day-to-day movement of personnel and equipment as request by the Combatant Commands. Each of the NCOs was designated by their staff function to sit on the CAT. The second day I was in place, the teletype started alarming with the signal of an incoming Top Secret message. I was busy at the time and ask one of the senior NCO’s to grab the message for me. He told me he couldn’t because he didn’t have a TS clearance. I immediately took a poll of all of those in the room and found that NOBODY had a TS. I evacuated the vault and informed the overall CAT officer what I had done. Within 5 minutes I was at a brace in front of the 2-star Vice Commander wanting to know why I had done what I did. I asked permission to speak freely (granted) and I then proceeded to tell him how his staff had royally screwed up in staffing the CAT and figured that he would rather I shut it down than have a security incident involving TS material classified by the Joint Chiefs of Staff. HE then procceded to try and talk me into rescinding my resignation paperwork.

    Point 3: After my Dad passed away, I requested a copy of his service records. When the National Personnel Records Center (NPRC) sent me his records they also included each of his awarded medals, one of which was a Bronze Star with two devices. My Dad rarely spoke about his service in the Pacific during WWII so I knew nothing about the medal. There was nothing in his services records about it either. When I inquired about it to the NPRC, I was told the citation was classified. This was in 2015 nearly 70 years after he left the theater.

  2. John, that memorandum was posted on truth social the day before trump left the White House. That was merely a stunt feather than an official request. What is funny is that the memo only starts a process that was not going to be completed due to the fact that it was done a day before he left office. Why did he wait till the last minute when he could have done it anytime in during his tenure?

    The bigger question was why it wasn’t an EO rather than just a memo? It’s obvious it was just a BS attempt to “show” his supporters he did something. You obviously, gullibly believed it had value.

    1. Nope, it is actually an offiical order that was COPIED on Truth Social.

      This has already been addressed in court.

        1. I think at this time a prosecution of Trump for Classified information is dead.

          I am not sure it Ever was plausible.

          I strongly suspect this was LESS about trying to prosecute Trump and more about preventing any of the Collusion Dellusion documents from ever seeing the light of Day.

          While Biden is complicit, this is the “deep state” protecting itself.

          This is also a major problem for DOJ/FBI and Biden.

          House Republicans have a huge hook right now to obtain the Pence Docs, the Biden Docs and the Trump Docs.

          In theory the HPSCI could just make them public, or threaten to.

          But mostly all they need to do is publicly summarize the Docs.

          If the HPSCI reports that all or most of the Docs are collusion delusion related – the DOJ/FBI look really bad and that feeds the political Weaponization of the federal government investigation.

          Ordinary people can understand – Trump declassified the Collusion Delusion docs. It that is what this is about – it is DOJ/FBI that is malfeasant, not Trump.

          Conversely it is highly likely the Biden Docs are going to be about the countries Hunter was making money in.
          Again the details do not need to be made public. The Fact that Joe Biden was collecting documents that interesct with the countries that Hunter Biden was doing business in would be incredibly damming.

          For the most part the Pence thing is a sideline – except that it amplifies the Houses legislative need to examine the handling of classified material by ex government officials.

          The big deal is that the SC/DOJ/FBI/WH are going to fight tooth and nail to stall as long as possible in giving the house anything.

          And we will here all the same left appologists who were saying that Subpeona’s absolutely must be folllowed in the broadest possible way minutes ago, claiming that no they are not something that DOJ/FBI/… must obey nowe that they are on the recieving end.

          I beleive that Judge Carter got it wrong when he found that the house did not have to go to court to enforce their subpeona’s against Bannon – etc.

          Regardless, he set the standard – and now the house can find those in the Biden admin that refuse to comply with house subpeonas in criminal contempt. DOJ will not prosecute, But it is within the power of the house to have the sargent of arms place anyone found in contempt into the house jail and hold them until they clear the contempt.

          That means that those found in contempt are not going to show up at the house for future hearings – compounding the contempt.

          I also thing that House republicans are going to have far less patience than in 2017. They are going to move faster, move to contempt faster.

    2. The memo both starts and Ends the process, the information is Declassified by that memo.
      But various government agencies are give the oportunity to Redact limited portions befor making everything public.
      Regardless, it is already declassifed.

      It is my Strong suspicion that This is the “classified” material that Trump/DOJ are fighting over.

      DOJ/FBI and the Biden WH do not want this to come to light.
      Kash PAtel publicly threatened the AG to complete the redaction and release process quickly or he would Publish the unredacted content on the Internet.

      DOJ/FBI used that public remark in the Affadavit to get probable cause.
      But citing Kash’s remarks is almost an admission that is the material that is sought.

      Biden does not want to “reclassify” the material – and it is probable that he can’t.
      But so long as the government holds all copies they can slow walk the release of this information.
      Like the slow walk of the Kennedy Assassination docs.

      But so long as Trump had a copy – there was a risk he would make it public.

      I do not know this is the case – we have Zero information what the allegedly classified Docs found at MAL were.

      What we KNOW is that the DOJ/FBI used Patel’s remarks for the Affadavit.
      That Trump claims the docs stolen by the FBI were declassified,
      And that DOJ/FBI refuses to tell us anything about them.

      Conversely we have more information on the Doc’s found in Biden’s garage – docs we only learned about a month ago.

      I do not “know” but given the past 6 years, I would bet significant money that this is all about preventing the disclosure of further RussiaGate docs.

      If that is the case this is all a massive and likely criminal abuse of power.

    3. There is no bigger question.
      It is a presidential order.

      Why wasn’t it an “executive order” ? Because doing that would require running it through various WH offices that would have slow walked and tried to limit it.

      We have seen this with Trump repeatedly.

      It is near certain Trump was going to Pardon Assange – but for Faux impeachment II.

      Throughout Trump’s term – sometimes Pardon’s went through the normal process.
      Sometimes people came to the WH – the Karashians were responsible for several Pardons. Met Trump,
      and he issued a Pardon bypassing the normal process.

      Trump frequently acted outside the normal processes.

      Presidents are allowed to do that.

      In fact that was a halmark of Trump’s presidency – a great deal of his accomplishments were the result of a small group of people close to him.

      The Secretary of State did not negotiate the Abraham accord – Kushner Did. It was accomplished by Personal deplomacy. It was done quickly – in comparison to the norms for such things.

      Most of Trump’s major accomplishments were done by a Few people close to him in the WH.

      This BTW is how successful businesses Work.

      Small numbers of people doing all of the work, and making all of the decisions.
      Avoiding middle management and buracracy which is inefficient and designed to stall or thwart processes.

      This is how Trump was able to accomplish so much in so little time.

      It is also proof that the executive branch of the US govenrment is about 80% overstaffed.

      I would note this is also the Pattern with Elon Musk – Few highly trusted people in key posistions.
      Working their ass off, with decisions made quickly, and no 2nd guessing.
      If something fails – try again.

  3. Jonathan: You are demanding more “transparency” by the WH re the retention of classified material by Biden when he was VP. And you are demanding the FBI/DOJ make public more information regarding their investigation. You are not the only one.

    Jim Jordan, the new Chair of the House Intelligence Committee, sent a letter to the DOJ making his own demands. He wants all the info from the DOJ re their ongoing investigation. Funny, Jordan didn’t demand similar info re the Trump or Pence cases. That’s because Jordan is only interested in trying to prove something, to use your words, “more sinister and incriminating” involving the Biden case. Can’t accuse you or Jordan of being impartial and fair minded.

    This week the DOJ replied to Jordan’s letter–telling him basically to pound sand. In its letter the DOJ pointed out: “[a]though Congress has a clearly legitimate interest in determining how the Department enforces statues, Congressional inquiries during the pendency of a matter pose an inherent threat of the Department’s law enforcement and litigation function. Disclosure to Congress about active investigations and creating the appearance that Congress may be exerting improper political pressure or attempting to influence Department decisions in certain cases”.

    Now why would Jordan want to know the details of the DOJ investigation re the Biden docs when he doesn’t make the same demands re the Pence and Trump cases? Jordan knows that it has long been DOJ policy not to divulge information re an ongoing criminal investigation. Jordan’s purpose is to turn the Biden case into a political football–to try to show Biden is hiding something–even though there is a Special Counsel, appointed by Trump, who is looking into the Biden docs. Jordan is on a fishing expedition to serve his own political agenda. The DOJ was right in telling Jordan to pound sand!

  4. What’s to have prevented an aid, friend, counsel, or activist from destroying any documents during this time that might have been most damaging.

    For instance, a classified document discussing the quid pro quo strategy to get the Ukrainian prosecutor fired?

    Americans are just supposed to trust people who work for Joe Biden to turn over all incriminating documents, when there is no list of what documents were taken?

    First, this is why it’s time for Congress to create some sort of classified document liaisons for elected officials, including the President, VP, and Congress. Those liaisons would track classified documents. They would create a record of all documents declassified by the President, as well as a list of documents removed from the White House at the end of term. We really have no idea what Carter, Reagan, Bush, Clinton, Obama, Trump, Biden, or all the VPs, took home and kept all these years. Remember when the Clinton’s took White House furniture, art, and household goods and were forced to return it? We should never rely on the people attached to current or former presidents to report if they took something they were not supposed to. This is also why I didn’t have a problem with a representative of the NA or intelligence community assisting in the review of Trump’s documents in storage. I had a problem with the armed, predawn raid, and with the misuse of government agencies to treat Republicans differently than Democrats.

    1. First, this is why it’s time for Congress to create some sort of classified document liaisons for elected officials, including the President, VP,
      Congress make any rules they want for themselves. The lack constitutional power to demand the Executive do anything.

      But in the end you have two options.
      Let things be as they have been for 100+ years. Accept the facts
      Prosecute, using existing laws

      The Clinton precedent was always going to bite DoJ in the ass.

  5. O T again – Sorry to abuse posting privileges, but this seems important. The Daily Mail is reporting tonight a meta-study showing that face masks are virtually useless in preventing the spread of COVID and other viral infections: “Masks made ‘little to no difference’ to Covid infection or death rates, according to one of the most comprehensive meta-analyses of face coverings.” https://www.dailymail.co.uk/health/article-11702865/Masks-make-little-no-difference-Covid-infections-massive-cross-country-meta-analysis-finds.html The study noted certain undesirable side-effects to wearing the masks.

    1. Read the meta-analyses published by Cochrane from which the Daily Mail allegedly takes its source. I skimmed your link to the Daily Mail article. Then I read the highlights of the Cochrane study, which is 326 pages long. The Daily Mail either did not read the Cochrane meta-analyses or they are cherry picking data points.

      NB: Cochrane isn’t what it used to be. They also cherry pick data. To wit:

      Authors’ conclusions

      The high risk of bias in the trials, variation in outcome measurement, and relatively low adherence with the interventions during the studies hampers drawing firm conclusions. There were additional RCTs during the pandemic related to physical interventions but a relative paucity given the importance of the question of masking and its relative effectiveness and the concomitant measures of mask adherence which would be highly relevant to the measurement of effectiveness, especially in the elderly and in young children. There is uncertainty about the effects of face masks

      Jefferson T, Dooley L, Ferroni E, Al-Ansary LA, van Driel ML, Bawazeer GA, Jones MA, Hoffmann TC, Clark J, Beller EM, Glasziou PP, Conly JM. Physical interventions to interrupt or reduce the spread of respiratory viruses. Cochrane Database of Systematic Reviews 2023, Issue 1. Art. No.: CD006207. DOI: 10.1002/14651858.CD006207.pub6.

  6. Jonathan: A detailed examination of your column shows you really aren’t interested in “objectivity” in journalism–the theme of your previous column. In this column you say Special Counsel Hur will find it difficult to prosecute Biden because the FBI “has adopted an approach that would compromise or complicate any criminal charge”. There is nothing in your column that really substantiates your claim. You cite several articles in the NY Post, a tabloid owned by your employer Rupert Murdock, that you think makes the case. So let’s examine the 3 articles in the Post you cite to see if they support your allegations.

    The first article you cite in the Post (1/12/23) is about the appointment of Robert Hur. Although Hur was appointed as US Attorney by Trump the Post claims Hur is a “mainstream Republican”–an insinuation that Hiur is not a committed conservative who might actually prosecute Biden. Without any evidence the Post thinks Hur will go easy on Biden. There is nothing in Hur’s record as a prosecutor that he is biased or will be unfair in his investigation.

    Your second citation is another Post article (1/29/23) entitled “Forget classified docs, show is the real haul of Biden’s records in Delaware”. The thrust of the article is that Biden intentionally “locked away his records by giving them to the university”. For what purpose? The Post says “to shield potentially embarrassing documents from public review for the Biden family, including allegations that the president engaged in sexual harassment or assault as a member of the Senate”. You have pushed the same allegations and urged the FBI to search the U of D records. As mentioned in a previous comment to conduct a search the FBI would have to establish probable cause Biden committed a crime. How would a judge authorize a search warrant for what would amount to a fishing expedition? No one has been able to substantiate the claims of Tara Reade. No attorney would take her case. Do you think the FBI wants to pursue an investigation that is unlikely to find probable cause?

    Finally, your last citation is to the most bizarre of the three Post articles–the one yesterday where it quotes the new GOP Chair of the House Oversight Committee, James Comer, who claims ” So when we learned that Joe Biden had classified documents from all over the place and that Hunter Biden especially lived in the house where he had those classified documents, we became extra concerned…”. Comer has no evidence Hunter had access to the docs or looked at them. But the Post quotes you in its article echoing Comer’s speculative claims. What is really bizarre is that the Post article includes photos of Joe and Hunter. One photo is of Joe Biden in his Corvette in the driveway of his house with the open garage in the background. The Post placed a red circle around what appear to be boxes and other items inside the garage. Nothing to indicate what was in the box or boxes–let alone that classified material was inside. But the caption under the photo says: “Classified documents were found at President Biden’s house in Wilmington, Delaware”. Are we to believe these boxes contained the classified material discovered by the Biden attorneys and the FBI? Another photo is of a box marked “Important Docs + photos”. The caption under the photo reads: “Hunter Biden lived in the home where documents were found”. You don’t have to be a rocket scientist to figure out this photo doesn’t portray anything. The photo could be of a box not even belonging to Biden. Who knows? Even if the box belongs to Biden maybe it contains material and photos of a personal nature. But it gets more bizarre. In the third photo Hunter is shown in a convertible with what appears to be two young females next to him. The female faces are obscured. The caption reads: ” Comer referred to potential influence peddling by the first son Hunter Biden”. How could this photo have anything to do with alleged “influence peddling”?

    What was the purpose behind the Post adding these Biden photos to the article on Comer’s allegations? It’s because the NY Post is in the business of putting out salacious, lurid stories and conspiracy theories about public personalities. In it’s articles the Post isn’t interested in the truth. Why else print a photo of hunter in a car–implying he cavorts with, perhaps, underage girls? It certainly doesn’t prove Hunter was involved in “influence peddling? What blows my mind is why you would want to associate yourself with a publication that is about as removed from “objectivity” as one of Elon Musk’s rockets actually landing on Mars!

    1. Dennis – Your criticism of the 1/29/23 NYP article raises a question as to a warrant to search the U of D treasure trove of Biden documents. Following the practice against Trump, the FBI would first need to issue a subpoena, and when the U of D failed to respond, then obtain a search warrant and show up at dawn with a swat team. What could they subpoena? Based on what we know about Biden’s handling of classified records, there is a reasonable suspicion that classified documents are there. Furthermore, as noted in the Daily Mail today, there certainly are Presidential Records there. I personally don’t believe that the PRA can be used to seize PRs, but it was done as to Trump. (It also possible that a request could be made under the Delaware FOIA , which exempts U of D’s “activies” but not its deposits. 29 Del 10002(i)) Your criticiam of the 2/1/23 NYP article focuses on the red circle placed over records in Biden’s garage. Of course, no one can know whether this pile contained the records, but it is not an unreasonable surmise at this point. If a photo had been taken, as happended at MAL, then we would probably know. As to photos of Hunter with young women in a convertible, they don’t prove influence peddling (as if that needs to be proved at this point), but they remind us of Hunter’s reckless lifestyle involving cocaine use and keeping company with Russian prostitutes, for which vast sums of money were required, and often left him passed out. That is not someone we would trust to guard confidential records.

      1. edwardmahl: Thank you for your comment. I give you credit to be willing to at least discuss the issues. As I have said in other comments Hunter Biden is no saint. He engaged in a lot of self-destructive behavior involving drugs and alcohol and he used the family name to get lucrative contracts in Ukraine and China. But trading on the family name to get plum jobs is a cottage industry in DC. Just ask Ivanka and Jared Kushner. Now if I were Biden I would tell the U of D to open the Biden archives so the FBI to find out if it contains any classified material. That would pretty much quash any speculation about what is there.

        As to the photos in the NY Post I disagree. I think it is an unreasonable “surmise” to conclude the boxes in the photos contained classified material. The photo of Hunter in his convertible doesn’t prove anything. It certainly doesn’t prove, as you claim, of “Hunter’s reckless lifestyle involving cocaine use and keeping company with Russian prostitutes”. That’s what the Post may want you to conclude. The photo just shows Hunter with what appear to be two young unidentified females. That’s all. I think it’s a huge stretch to find anything in the photos that proves what Turley and the NY Post want you to believe about the Bidens. But if you want to believe the worst about the Biden family, what you see on Fox or in the NY Post or in Turley’s columns, nothing I say here is going to make any difference. I would only urge you to be objective in making your conclusions.

  7. Now, Turley’s switching gears from the “Hunter Biden Scandal” to the “Joe Biden Document Scandal”. What scandal? When he found classified documents, he immediately took steps to get them returned to the NARA, unlike Trump, about whom Turley has little to say because he’s not paid to be fair or evenhanded. How about the “Mike Pence Scandal”? See, the disciples believe there IS a scandal if alt-right media SAY there is, regardless of the facts. And, when the facts come out that prove Biden did not engage in any wrongdoing, just like the Benghazi investigation of Hillary Clinton, they’ll believe it when Tucker, Ingraham, Hannity and Levin say it’s just part of a “deep state” coverup.

    1. And there you have it: NUTCHACHACHA!

      Nutty, may we abolish affirmative action yet or do you still need that crutch to get through life?

    2. Patieince, Gigi.

      No doubt Turley will return to Hunter Biden’s laptop, given yesterday’s news: “Attorneys for Hunter Biden on Wednesday asked state and federal agencies to investigate a computer repair shop owner, Rudy Giuliani and number of right-wing political figures involved in disseminating contents of his laptop, alleging that they committed computer and other criminal violations in their effort to “weaponize” the laptop contents against his father.”

  8. How many FBI agents and how long did they search and also camera data secured? Humm and then 3 1/2 hours search and 8 max agents or they would have been noticed. Exhaustive search and perfunctory.

  9. The Daily Mail is reporting today that Hunter Biden’s business partner [Schwerin] was somehow tasked with moving 1850 boxes of Joe Biden’s records to the University of Delaware in 2010. Most of the boxes related to Biden’s days as Senator, but some of them seemingly included papers relating to the transtion to the Obama-Biden adminstration in 2009. It is stated: “In a March 2010 email from Hunter’s laptop, Joe’s deputy counsel Katherine Oyama wrote to Schwerin warning that the ‘Deed of Gift’ document to the university ‘appears to include Obama-Biden transition papers, which the vice president likely does not own.’ She recommended the inclusion of language about ‘the University’s duty to comply with … classified information procedures’.” U of D receives these documents on June 6, 2012. Based on the DOJ’s handling of the Trump cache of documents, it would seem that the fact that “Presidential Records”, if not actual classified information, reside at the U of D should provide a basis for a subpoena from the Special Counsel to U of D. https://www.dailymail.co.uk/news/article-11698207/WH-lawyers-warned-archives-Joe-Biden-donated-UDel-sensitive-docs.html It might be wondered why Hunter’s business partner would be tasked with this job. It might also be wondered where the documents were between 2010 and 2012,

  10. If the American Justice System only serves the rich and elite, why do working class taxpayers have to fund it?

    Very conservative estimate (using the government’s own records): there are likely at least 40,000 innocent Americans destroyed from 9/11 blacklisting. Many more, worldwide. Where is the justice for people not rich and not connected?

    If DOJ won’t help regular folks, why do we have to fund them?

  11. Some context:
    This is the very same DOJ that violated Ronald Reagan’s Torture Treaty, which was also codified into federal criminal law. Article VI of the U.S. Constitution made Reagan’s treaty the “supreme law of the United States”. The DOJ attorneys didn’t make an honest mistake, they knowingly renamed torture to make it appear legal. They used their Ivy League law school education for doing bad things and betrayed their oath of office in the process.

    Even though there is no statute of limitations on war crimes, about 20 years later absolutely no accountability to the DOJ torture attorneys. Most got promoted!

    Over 200 FBI agents walked away from the Bush torture program, abandoning mostly innocent torture victims. It’s not clear if the then FBI Director rejected the Bush torture lawyers or if the 200 agents themselves defied their own FBI Director.

    Like torture, this stuff will just disappear down an Orwellian “Memory Hole”. Why waste any more tax dollars? Reagan’s Torture Treaty crimes were very clear law breaking, unlike this case. Nothing is likely to happen to the top management.

    Business as usual.

  12. It’s time to repeal the classified document laws. If you are not going to enforce them or enforce them selectively, then do away with them altogether. It appears that Washington is behaving that way now.

    1. What laws do you mean? The Espionage Act does not relate to classified documents. The classification system is a product of the President, not Congress.

    2. The legislative branch has no authority or power to usurp the power of the separate and equal executive branch.

      No legislation or act of the legislative branch that exercises dominion over executive branch classified material is licit or constitutional.

      Classification, declassification and archiving of materials is solely and entirely a function and power of the executive branch.

      Americans who are guilty of treason et al. must suffer death or imprisonment.


      §2381. Treason

      Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

      The singular American failure has been and continues to be the Supreme Court which must have voided and struck down all acts contrary to the “manifest tenor” of the Constitution.

    1. That is correct, but Pence is having the FBI do a search not his lawyers like Biden did. There are questions if Biden had his son use classified documents for personal financial gain, so no one but the FBI should have been looking at the Biden files. Biden did not have the ability to declassify everything.

      1. Pence already had his lawyers search in January. That’s how he ended up turning over materials earlier.

        1. First he had his lawyers search to see if there were things that should be removed. When that was determined the FBI was called. In Biden’s case it was already known multiple times that he had things that should be removed by the FBI but he continued to have his personal lawyers do the removal from several different places.

          Get your facts straight.

          1. LOL, get your story straight. First you claim “Pence is having the FBI do a search not his lawyers,” then you say “First he had his lawyers search.”

            1. After Biden knew there were classified documents and documents spread in various areas including the garage and a facility the Chinese funded his lawyers were permitted to clean things up and make figuring out who had access a difficult job if not impossible.

              Pence had his lawyers check to see if a problem might exist and when it appeared a problem existed the FBI was called in. There is a big difference.

              We don’t know if Pence had classified documents but we do know Biden did.

              We know that Pence didn’t have a crackhead son with access to his documents, but we know that is true of Biden.

              There is no suspicion of Pence selling secrets for personal gain through his son, but we know that a strong possibility exists that Biden’s son did just that.

              There are no suspicious transfers of funds to Pence’s families accounts but we have a treasure trove of them for Biden.

                1. You are such a liar and a fool. Classified markings doesn’t mean it was classified. Learn to read and report. I am taking the following from the document you were unable to adequately understand or quote.

                  ” a small number of documents bearing classified markings that were inadvertently boxed”

                  Where does it say the documents were classified? Nowhere. My statement was correct. I didn’t know or sure and to date, I still don’t know.

                  “Following press reports of classified documents at the personal home of President Biden, out of an abundance of caution, on Monday, January 16, Vice President Pence engaged outside counsel, with experience in handling classified documents, to review records stored in his personal home. Counsel identified a small number of documents that could potentially contain sensitive or classified information interspersed throughout the records.”

                  Since when does the word potentially mean actually? It doesn’t. You have zero credibility even when you post legitimate information. You cannot read.

                  Your name Anonymous the Stupid once again is shown to be accurate.

                  1. Here is the full letter:

                    Dear Ms. McClure:

                    As Vice President Mike Pence’s designated representative to the National Archives, I write to request your assistance with collecting and transferring to the custody of the National Archives an additional set of Vice Presidential records. The additional records appear to be a small number of documents bearing classified markings that were inadvertently boxed and transported to the personal home of the former Vice President at the end of the last Administration. Vice President Pence was unaware of the existence of sensitive or classified documents at his personal residence. Vice President Pence understands the high importance of protecting sensitive and classified information and stands ready and willing to cooperate fully with the National Archives and any appropriate inquiry.

                    Following press reports of classified documents at the personal home of President Biden, out of an abundance of caution, on Monday, January 16, Vice President Pence engaged outside counsel, with experience in handling classified documents, to review records stored in his personal home. Counsel identified a small number of documents that could potentially contain sensitive or classified information interspersed throughout the records. Vice President Pence’s counsel, however, is unable to provide an exact description of the folders or briefing materials that may contain sensitive or classified information because counsel did not review the contents of the documents once an indicator of potential classification was identified. Vice President Pence immediately secured those documents in a locked safe pending further direction on proper handling from the National Archives.

                    Vice President Pence has directed his representatives to work with the National Archives to ensure their prompt and secure return. Vice President Pence appreciates the good work of the staff at the National Archives and trusts they will provide proper counsel in response to this letter.

                  2. “Classified markings doesn’t mean it was classified.”

                    They do mean that. If a formerly classified document has been declassified, it’s marked on the document.

                    1. Read the letter and concentrate, ATS.

                      ” Vice President Pence’s counsel, however, is unable to provide an exact description of the folders or briefing materials that may contain sensitive or classified information because counsel did not review the contents of the documents once an indicator of potential classification was identified.”

                      The markings are indicators, not proof. You have indicators of latent intelligence, but that is not proof you have latent intelligence.

  13. Svelaz has now commented about 100 times, does anyone still think that he isn’t paid for his efforts? He is either paid by the Dems or he is embedded with the FBI. Nobody would spend this much time posting incoherent, ridiculous arguments that are so one sided as to be a joke.

    Point me to one time that Svelaz has said that Biden had done something wrong. Now many of us on the other side had issues with things that Trump may have done, or that other Republicans did, but a guy like Svelaz has never seen even ONE thing that Biden has done wrong…as 73% of the country think we are going in the wrong direction. SEVENTEEN PERCENT agree with Biden’s border policy and yet crickets from Svelaz. 70% think Biden is doing poorly with the economy…but not Svelaz. Millions disagree with Biden’s lame attempt to use the HEROES ACT to give students debt relief…but not Svelaz. Everyone thought Biden botched the pullout from Afghanistan…but not Svelaz. 75% of people think Biden has a cognitive issue…but not Svelaz.

    How could it be possible that with the top five issues out there that VAST MAJORITIES of voters think Biden is handling poorly and yet Svelaz has not one critical comment about any of them??? THAT SHOWS HE IS A PAID HACK!!!!

    Imagine arguing that Biden isn’t a liar and a crook? When Biden leaves in disgrace Svelaz will pretend that he never liked the guy, just as the left did with Hilary. Svelaz, you think you are making good arguments, but you are embarrassing yourself about 100 times a day. No, it is 100 times a column, so you are embarrassing yourself about 200 times a day. I hope for your sake that you are getting paid by the comment.

    1. HullBobby,
      Seems to me on a given issue the good professor writes about, the more that is closer to the target, the more they post. The more accurate the good professor’s column is, the more the inane their posts.
      I do hope they are getting paid. For if they are not, that would make them true DNC zealots.
      What is worse than a brainwashed mind?

    2. If you starve him from attention, rather than highlight him, then he’ll soon join Nat/GiGi, Fishwings, Dennis and Paint Chips (ATS) in the irrelevant category. Of course we’d have to convince John S. to stop giving him CPR.

    3. Hullbobby, still whining? John B Say has been posting as much as I have. Why aren’t you whining about him too?

      “ Nobody would spend this much time posting incoherent, ridiculous arguments that are so one sided as to be a joke.”

      Really? You forgot about George and S. Meyer?

      Your whining and moaning about my posts are a sign that you are just being annoyed that this isn’t your comfortable echo chamber or that nobody would challenge your BS or other claims like anyone else is allowed on this blog.

      I‘m not paid at all. I’m no different than any other poster here. By your logic John B. Say is also a paid hack.

      When was the last time you called Trump a liar? When has anyone from the right on this blog has? Good grief man, you whine any louder traffic will start to part to let you through.

      “ Svelaz, you think you are making good arguments, but you are embarrassing yourself about 100 times a day.”

      You are not making any. You’re just whining because you can’t handle the idea that there are other opinions contrary to yours. What a shocker.

      1. I am posting alot in response to you because you absolutely refuse to ceded numerous points in which you are DEAD wrong.

        You keep repeating the same repeatedly debunked nonsense and demanding proof you have already been given – often YEARS ago.

        While I have provided many proofs of different elements of this.

        JW V. NARA is really the best – it is directly on point.
        The fact pattern is the same.
        Clinton had material that ABJ was required to assume was both classified and a Presidential record according to the PRA.
        Dissmissing a case requires assuming all the facts alleged by the non-moving party to be true.
        ABJ concluded that NARA nor the federal govenrment had the power or authority to take what an ex president possessed – even if that was classified and clearly met the definition of presidential document.

        Exactly the same as the MAL material.

        The JW V NARA decision is incredibly broad, because the presidents powers regarding classified docs and WH records is essentially limitless.

        BUT to a more limited extent SOME aspects of the decision MAY apply to Biden and Pence and VP’s.
        VP’s have the same powers – but far more limited in scope.

        But it does not apply at all to Sen. Biden.
        There is absolutely no legal means that Sen. Biden can possess a Classified document outside of a SCIF.

        Now President Biden has the power to Pardon hismself should he wish.
        He has the power to declassify all the papers that were improperly in his possession.

        His problem is that they inarguably came into his posession when he did not have those powers.

  14. “Over-classification”, over decades, of info not related to national security, seems to be a far greater threat. This is done to hide mistakes and incompetence, not national security.

    To really put this in perspective, as far as presidents go: For life, presidents remain in a security bubble, even after leaving office. I’m guessing nobody could drive within eyesight of a presidential residence without the Secret Service either knowing who they are or keeping them under close surveillance. If someone found secret documents in the storage shed beside the pool at Mar a Lago golf club, Secret Service certainly knew who those persons were. Not as great a risk as non-presidents storing documents.

    Trump may have improved future security following his “toilet flushing of classified notes”, since sewer pipes allowed classified documents to travel underground beyond the curtilage of the property (“curtilage” is a constitutional term used in illegal search and illegal surveillance cases). Trump supposedly flushed secret documents down the toilets in foreign nations also switching ownership from the U.S. government to a foreign plumber (unclogging the sewer pipes).

    The real issue is pertaining to future reforms of over-classification and declassifying most documents within 10 years (not 50-100 years). If an official knows the documents will be uncovered within 10 years it creates a deterrent-effect for waste, fraud and illegal conduct. A 50-100 year classification period incentivizes illegal conduct, the perpetrator has no risk whatsoever of committing any crime while in office.

    1. For me, the far larger threat is the classification of illegal or criminal activity.

      *they can never ‘declassify’ that. .. for obvious reasons.

    2. Ashcroft, I see that you jumped right on the documents flushed down the toilet click bait story. Once you included it in your comment poof all creditably of anything else you wrote disappeared. Welcome to the all day sucker club.

    3. Plus the most valuable papers have already been sold to our enemies, so the classification is useless now. No wonder we take so poor care of our foreign spies. They are regarded as enemies that might report data coming to their country from the US

      1. IMHO Joe gave Hunter these documents years ago and Hunter has been selling them to you-know-who with 10% for the BIG GUY. The documents they are now finding is Hunter’s inventory.

  15. Dear Prof Turley,

    Fact Check: All clear, there is no there there and there never was.

    That’s why it’s all classified. .. far above Trump’s level.

    *Biden continues to ‘choose truth over facts’.

  16. Happy Ground Hogs Day!

    President Biden was summoned him from his tree stump on the White House Lawn to learn if he saw his shadow. According to CNN Folklore, if the President sees his shadow, He will get scared and return to the White House burrow. That translates to a forecast of six more weeks of winter Classified Documents investigations. Under cloudy skies, the President stays out to visit, suggesting If he doesn’t see his shadow, a spring impeachment comes early.

    Thousands came out dark and early to see Joe make his weather prediction. Here’s what the prognosticating President predict this year.


  17. If there was no pressing requirement/requests for Biden to return the classified information – some going back to J. Egar Hoover – why didn’t his counsel simply destroy them?

    Who directed Biden’s ‘counsel’ to go rooting around in Biden’s far-flung domiciles the first place?

    *with counsel like that .. . who needs enemies.

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