Below is a timeline of events related to the Biden documents case, based on both reporting about the documents and Garland’s remarks on Thursday. It will be updated as we learn more.
Nov. 2: The first batch of classified documents — about 10 of them, including some marked top secret, according to Washington Post reporting — is found after one of Biden’s private attorneys opens a locked closet at the Penn Biden Center for Diplomacy and Global Engagement in Washington. The Penn Biden Center is a think tank affiliated with the University of Pennsylvania that Biden founded and whose offices he used after his time as vice president ended in early 2017. Garland describes it as a location “not authorized for storage of classified documents.”
The documents are immediately turned over to the National Archives, according to Richard Sauber, special counsel to President Biden. Sauber said the documents “were not the subject of any previous request or inquiry by” the National Archives and Records Administration — unlike the classified materials eventually found at Mar-a-Lago.
Nov. 4: The inspector general of the Archives, which maintains presidential records, contacts a prosecutor at the Justice Department to say the White House has disclosed finding classified documents at the Penn Biden Center, according to Garland.
Nov. 9: The FBI begins an assessment to determine whether any laws were broken, Garland said.
Nov. 14: Garland assigns U.S. Attorney John R. Lausch Jr. of Illinois, who had been nominated to the job by Trump in 2017, to conduct an initial investigation to help Garland determine whether a special prosecutor is warranted.
Dec. 20: Sauber informs Lausch that more documents marked as classified were found in Biden’s garage at his residence in Wilmington, Del., according to Garland, and the FBI secures the documents. According to the president’s personal attorney, the president’s lawyers stopped their search upon identifying the documents.
Jan. 5: Lausch briefs Garland on the investigation and recommends the appointment of a special counsel. Garland agrees.
Days after Jan. 5: The Justice Department identifies Robert K. Hur as a potential special counsel, according to Garland. Hur is a former U.S. attorney in Maryland who was nominated to that job by Trump in 2018.
Jan. 9: CBS News reports on the November discovery of the documents, bringing the matter to light for the first time. The White House later confirms the Justice Department has launched an inquiry and says it is cooperating with both the department and the National Archives. While confirming the inquiry, the White House does not disclose the set of documents found on Dec. 20.
Jan. 11: According to a statement later released by the president’s personal attorney, Bob Bauer, Biden’s lawyers searched his residence in Wilmington and found “a potential document marked classified” in a room next to the garage. They then stopped searching that space, because they did not have the appropriate security clearance. They also searched Biden’s residence in Rehoboth Beach, Del., but did not find any such records there.
Jan. 12 (morning): Sauber releases a statement confirming the discovery of classified material in Wilmington. According to Bauer’s statement, Biden’s lawyers inform Lausch about the additional document.
Jan. 12 (afternoon): At a news briefing, Garland announces the appointment of Hur as special counsel. During his remarks, he says that Biden’s attorneys had disclosed to the Justice Department just that morning the discovery of one additional document marked classified found at the house in Wilmington.
Jan. 12 (evening): Sauber finds five additional pages of documents marked classified, according to a statement released Saturday. Sauber said he was called in after the discovery of the document that morning because he has a security clearance.
Jan. 14: Biden’s team discloses the additional pages found on Jan. 12. Sauber says in his statement, “While I was transferring [the initial document] to the DOJ officials who accompanied me, five additional pages with classification markings were discovered among the material with it, for a total of six pages. The DOJ officials with me immediately took possession of them.” Biden’s personal lawyer Bob Bauer also releases a timeline in an effort to emphasize the team’s cooperation in the matter, and says the team is unsure if all relevant documents have been found.
This story has been updated.
