Lawyers representing former President Joe Biden have claimed that ongoing criminal investigations could have implications for national security. Their comments have put added pressure on the special adviser assigned to probe the former president’s handling of sensitive documents.
This request was communicated through several letters sent in October 2023, penned by Biden’s personal attorney Bob Bauer and ex-White House special adviser Richard Sauber.
The correspondence from Biden’s legal team, directed at special adviser Robert Hur, surfaced months prior to the release of a critical report regarding the handling of Biden’s sensitive materials. Judicial Watch disclosed these letters via a Freedom of Information Act request on Thursday.
In their letters dated October 18, 2023, Bauer and Sauber cautioned that if Hur’s report touches on any administrative procedures related to sensitive national security information, many foreign interests would scrutinize it closely.
They expressed concern that the findings could have unforeseen effects on U.S. national security.
The lawyers noted they had previously advocated for Hur’s freedoms, suggesting that they be allowed to “review” the report before its release and to discuss its contents with him.
Shortly thereafter, Sauber sent another email to Hur’s office urging a review of the findings. He stated, “As you can see, we have made repeated requests to examine the draft report before publication, based on the issues outlined in our letter. We look forward to conversing about these matters with you.”
In this correspondence, Sauber suggested that Hur’s report should not contain exhaustive details about a criminal investigation.
After releasing his report, Hur stated that Biden’s lawyers attempted to persuade him to omit references to Biden’s memory lapses.
Sauber remarked that, in contrast to detailed independent reports that fully address their findings, the Special Advisory Rules guide special advisors to “explain the prosecution or decision-making process.” He added, “We support fulfilling this requirement faithfully, emphasizing the need for brevity.”
Bauer and Sauber sent additional letters in December 2023 and January 2024, reiterating their requests for early reviews and expressing their concerns about what details would be included.
“A proper public presentation of these matters in the Special Advisor’s report is undoubtedly a significant concern for the President,” the lawyer wrote on January 3, 2024, emphasizing the importance of accuracy in the report.
On January 5, 2024, Hur provided Bauer with a non-disclosure agreement required for reviewing the report.
Hur permitted Bauer, Sauber, and other former White House counsel to examine the report after they signed NDAs.
The report was subsequently made public the following month.
In his findings, Hur characterized Biden as “a well-meaning, elderly man with poor memories,” and refrained from accusing the sitting president of any crime.
Hur noted that during his interview, Biden aimed to present himself as an older man with sympathetic, if flawed, memories.
He added that direct interactions with Biden provided grounds for “reasonable doubts,” making it challenging to convince a jury to convict someone who was in his ‘80s at the time.
