U.S.
Department
ofJustice
pecial
Counsel's Office
February
5, 2024
The
Attorney General
of
the
United
States
Re:
Report
of
the
Special
Counsel
on
the
Investigation Into Unauthorized
Removal,
Retention,
and
Disclosure
of
Classified
Documents
Discovered
at
Locations
Including
the
Penn
Biden
Center
and
the
Delaware
Private
Residence
ofPresident
Joseph
R. Biden,
Jr.
Dear
Attorney
General Garland:
Enclosed
please
find a confidential
report
explaining
the
prosecution
or
declination
decisions I
have
reached,
as required
by 28
C.F.R. § 600.8(c). As
we
previously discussed,
at
the
request of
the
White
Hou
se
Counsel
and
personal
counsel to
President
Biden
(collectively, counsel ), I
ag
r
ee
d.
with certain
conditions
including
nondisclosure, to
allow
counsel
to review
a
draft
of
the
report
for
purposes
of determining whether
to
assert
any claim of
privilege,
and
otherwise providing comments
to
the
Special Counsel's
Office.
Counsel
reviewed a
draft of
the
report
on
February
3
and
4,
2024.
Earlier
today,
counsel
submitted
to
my
office
the
enclosed
letter.
After reviewing
their
letter,
my
team
and
I
corrected
the
following
minor errors:
•
The
draft
report stated
that
[wJe
reviewed
the
materials
that
were deemed
to
be
classified
at
the
Top
Secret/Sensitive
Compartmented Information
level
when
the
National Security
Council
conducted prepublication
review
for
the
Reagan
Diaries.
Draft Report
n.811.
We
have
amended
that
sentence
by
adding
some
of' after
the
word
reviewed. •
In
Chapter
Twelve,
the
draft report
cited
Chapter
Four in
a footnote.
Draft
Report
n.892. We
have amended
that
footnote
to
read
See id.;
NARA Ai:chivist 1
Tr.
at
56-59, 77-78, 81-82, 93-94, 122-23. •
The draft report
included
a
section
heading
that
read,
MARKED CLASSIFIED DOCUMENT IN
SECOND-FLOOR
OFFICE.
Draft Report
at
333. We
have amended
that
heading
to
read,
MARKED CLASSIFIED DOCUMENT IN
THIRD-LEVEL
DEN.
The
Attorney
General
of
the United
States Februarv
5
2024
'
Page
2
My
team
and
I
also
corrected
several typographical errors
that
we
identified
on
our
own
and
we removed
a
watermark
and headers
that
designated
the
document as
a
confidential
draft.
After
reviewing
the
draft
report,
the relevant
intelligence agencies
have
identified
no
content
that
is
classified
or otherwise unfit
for
public disclosure. The White House
Counsel
has
not conveyed
to
me
the President s
decisions
as
to
assertions
of executive
privilege;
I
understand
that
the
White House
ounsel
will
convey
such
decisions
to
you
directly.
Thank
you
for
allowing
the
Special Counsel s
Office to
conduct our
investigation
independently and
for
supporting
us with
the
necessary
resources.
I
am extraordinarily
grateful
for
the
thorough,
careful,
and
diligent
work of
the
Department
of
Justice
employees
who worked
on
this matter.
I
am
deeply honored
to
have
served
vith
them.
Respectfully,
Robert
K
Hur
Special ounsel
Enclosures:
Report
Letter
from counsel
Report on
the
Investigation Into
Unauthorized
Removal
Retention
and
Disclosure of Classified
Documents
Discovered
at
Locations
Including
the
Penn
Eiden
Center
and the
Delaware
Private
Residence of
President
Joseph
R
Eiden
Jr.
Special Counsel Robert
K
to
8
§
600
Washington
D
February