Summary

  • Classified files were found in President Joe Biden's Delaware home, the White House said earlier today

  • Similar documents were discovered by aides at a Washington DC office Biden used after his term as vice-president

  • Attorney General Merrick Garland announces an independent lawyer will investigate Biden's handling of classified documents

  • The president tells reporters he takes "classified material seriously" and the White House says they were "inadvertently misplaced"

  • Both batches of files were handed over immediately after they were discovered, Biden's lawyer says

  • White House records - including those of the vice-president - must be handed over to the National Archives once an administration ends

  • Watch the White House news conference by clicking the media player at the top of this page

  1. We're closing our live coveragepublished at 21:16 Greenwich Mean Time 12 January 2023

    BidenImage source, EPA

    The White House news conference has finished, so we're closing our live coverage. Thanks for joining us. Here's the latest:

    • An independent lawyer, or special counsel, will investigate whether President Joe Biden mishandled classified files, Attorney General Merrick Garland said
    • His announcement came after the White House said a second set of classified documents had been found by Biden's lawyers at his home in Wilmington, Delaware
    • Similar documents were discovered in November by aides at a Washington DC office Biden used after his term as vice-president
    • The president told reporters he takes "classified material seriously" while the White House said the files were "inadvertently misplaced".
    • Both batches of files were handed over immediately after they were discovered, Biden's lawyer said
    • Republican Speaker Kevin McCarthy has called for Congress to investigate Biden, accusing him of hypocrisy. He sought to compare the investigation to that of former President Donald Trump who is himself being investigated over his handling of hundreds of classified files
  2. Search for classified files is complete - White Housepublished at 20:59 Greenwich Mean Time 12 January 2023

    Karine Jean-Pierre is being questioned on why the Biden administration did not disclose publicly that a second batch of classified files had been found in his Delaware home until today.

    She directs questions towards the Department of Justice, but says a search for further material has now been completed.

    Jean-Pierre says the decision was made to share the information with the public after the search was finished.

  3. We have been transparent - White Housepublished at 20:44 Greenwich Mean Time 12 January 2023

    The White House has been transparent about the discovery of the classified documents, Karine Jean-Pierre says.

    She reiterates that lawyers are co-operating fully with the Department of Justice.

    Jean-Pierre has said repeatedly that she does not want to go into detail. "There is an ongoing process," she says. "We are doing this by the book."

  4. Biden surprised by discovery of files - White Housepublished at 20:38 Greenwich Mean Time 12 January 2023

    Karine Jean-Pierre is asked if the president is willing to be interviewed by federal investigators about the handling of classified documents.

    She replies by saying that she is not going to get into hypotheticals.

    Biden was "surprised" by the discovery of the records, she adds, but says that once his team identified them they immediately informed the National Archives and the Department of Justice.

  5. Biden taking the matter seriously - White Housepublished at 20:36 Greenwich Mean Time 12 January 2023

    Asked whether President Biden was "sloppy" with the classified documents, Press Secretary Karine Jean-Pierre repeats the statement by Biden's lawyer that said he left the documents out "inadvertently".

    She again says Biden is taking the matter "very seriously".

  6. President did exactly the right thing - Kirbypublished at 20:28 Greenwich Mean Time 12 January 2023

    National Security Council spokesman John KirbyImage source, The White House

    John Kirby refuses to answer a question about the potential national security risk posed by the classified documents found by Biden's legal team, saying these questions should be directed to the justice department.

    But, pressed on national security concerns, Kirby does say that "the president has spoken to how seriously he takes the handling of classified documents, and - as somebody who is aware of the process - he did exactly the right thing by having them immediately turned over".

  7. White House news conference beginspublished at 20:10 Greenwich Mean Time 12 January 2023

    White House Press Secretary Karine Jean-PierreImage source, The White House

    Press Secretary Karine Jean-Pierre and White House National Security Council spokesman John Kirby will be taking questions.

    It begins with Jean-Pierre repeating a statement from White House lawyer Richard Sauber.

    Sauber said he was "confident" a thorough review would show that the classified documents were "inadvertently misplaced".

    "We have co-operated closely with the justice department throughout its review, and we will continue that co-operation with the special counsel," he said.

  8. End my classified files investigation, Trump sayspublished at 19:46 Greenwich Mean Time 12 January 2023

    Former President Donald TrumpImage source, Getty Images

    As we wait for the White House press secretary, let's turn to former President Donald Trump who has responded to today's news.

    He posted on his social media platform Truth Social to call on US Attorney General Merrick Garland to "immediately end" the investigation into his alleged mishandling of classified files.

    Trump also urged the justice department to appoint a new special counsel to investigate President Joe Biden's management of classified documents - which he did at this afternoon's press conference.

    Garland appointed former war crimes prosecutor Jack Smith last November to serve as special counsel to investigate how Trump handled classified documents found at his Florida residence, as well as his alleged role in the Capitol riot.

    Trump argued that investigation, which is still ongoing, should be halted because he "did everything right".

  9. White House news conference starting soonpublished at 19:31 Greenwich Mean Time 12 January 2023

    An empty plinth at the White House

    We're waiting for a White House news conference where questions will no doubt be asked about the investigation into President Joe Biden's handling of classified documents.

    Biden spoke briefly earlier, saying he takes "classified material seriously". His office said it would co-operate fully with the investigation.

    You can watch the news conference by clicking the media player at the top of this page.

    We'll bring you the latest as we get it.

  10. Documents were inadvertently misplaced - Biden lawyerpublished at 19:29 Greenwich Mean Time 12 January 2023

    Exterior of the White House

    White House lawyer Richard Sauber has released another statement in the last few minutes.

    It says President Biden has "co-operated closely with the justice department throughout its review" and will continue to do so with the newly-appointed special counsel.

    Sauber says he is "confident" a thorough review will show that the classified documents were "inadvertently misplaced".

    He says Biden and his legal team "acted promptly on the discovery of the mistake".

  11. Two presidents, two special counselspublished at 19:22 Greenwich Mean Time 12 January 2023

    Sarah Smith
    North America Editor in Washington

    The White House is desperate to stress that they do not believe there is any equivalence between President Biden’s retention of a small number of classified documents and former President Trump’s possession of hundreds of documents.

    The appointment of a special counsel to look into President Biden’s actions undermines that argument.

    There is already a special counsel, Jack Smith, looking into President Trump’s handling of classified files. And now there is another, Robert Hur, investigating President Biden.

    Already President Biden stands accused of hypocrisy. A full investigation by the newly appointed special counsel could produce far more serious charges.

  12. A special counsel, explainedpublished at 19:17 Greenwich Mean Time 12 January 2023

    A special counsel is an independent lawyer brought in by the justice department on a case where they have a potential conflict of interest.

    Robert Hur will have all the powers of a US attorney - meaning he can subpoena records and recommend criminal charges.

    His job will be to investigate anyone who may have mishandled classified documents.

    He can recommend criminal charges against anyone who interferes in his investigation through crimes including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.

    The special counsel can also ask for his jurisdiction to be widened and is not supervised on a day-to-day basis.

  13. What we know about Robert Hurpublished at 18:58 Greenwich Mean Time 12 January 2023

    Robert HurImage source, Getty Images

    Robert Hur, a former federal prosecutor who has worked in national security, fraud and cybercrime, has been appointed to lead the investigation into President Biden's handling of classified documents.

    He's a partner at the Washington DC law firm Gibson, Dunn & Crutcher.

    Hur served as US Attorney for the District of Maryland from 2018 to 2021, after he was appointed by the Trump administration.

    He announced in February 2021 that he would resign to return to private law practice.

    Before his time with the federal government, Hur received a Bachelor's degree from Harvard and a law degree from Stanford University.

    Hur will begin his work on the case in the coming days.

    In a statement, Hur said he would carry out the investigation “with fair, impartial, and dispassionate judgment".

    "I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust place in me to perform this service," he said.

  14. Files discovered at Biden's home in December - Garlandpublished at 18:53 Greenwich Mean Time 12 January 2023

    Continuing to provide more details on the timeline, Merrick Garland says the president's own lawyer informed John Lausch on 20 December that more documents had been found in Biden's garage.

    Those documents were from during Biden's time as vice-president. The FBI visited and secured them, Garland says.

    Following these events, Lausch recommended to Garland that a special counsel be appointed which led to today's decision.

    "I concluded it was in the public interest to appoint a special counsel," Garland adds.

  15. Garland gives timeline of eventspublished at 18:39 Greenwich Mean Time 12 January 2023

    During his statement, Merrick Garland was flanked by John Lausch, the US Attorney for the Northern District of Illinois, who led an initial review of the matter.

    Garland gave a timeline of events, starting from the evening of 4 November 2022, when the National Archives contacted the justice department and informed them that the White House had flagged that files bearing classification markings had been found by Biden aides.

    Then, on 9 November, the FBI began an assessment over whether classified information had been mishandled in violation of federal law.

    Lausch was then assigned to look into this to inform Garland's decision on whether to appoint a special counsel. "I was confident his experience would ensure the investigation would be done professionally," Garland said.

  16. Garland names Robert Hur as special counselpublished at 18:24 Greenwich Mean Time 12 January 2023

    Merrick GarlandImage source, Reuters

    Robert Hur, a prosecutor who has worked on terrorism and corporate fraud, will lead the investigation, Merrick Garland confirms.

    Hur has served as US district attorney among other high-profile roles.

    "I will ensure that Mr Hur receives all the resources he needs to conduct his work," Garland says.

  17. Special counsel to investigate Biden documentspublished at 18:17 Greenwich Mean Time 12 January 2023
    Breaking

    An independent lawyer, or special counsel, will investigate whether President Biden mishandled classified files, Attorney General Merrick Garland announces.

  18. We're waiting for the attorney generalpublished at 18:11 Greenwich Mean Time 12 January 2023

    An empty stage before Garland's address

    US Attorney General Merrick Garland is due to speak in the coming minutes.

    We don't know for sure what he'll discuss, but Bloomberg news earlier reported that he may announce an independent lawyer, or special counsel, to investigate President Biden's handling of classified files.

    Stay with us for the latest.

  19. Justice department interviewing witnesses about filespublished at 17:57 Greenwich Mean Time 12 January 2023

    The Department of Justice has interviewed multiple witnesses who may have knowledge of how the classified documents were handled, the BBC's US partner CBS has confirmed.

    The department announced it was reviewing the matter after the first set of files were discovered by Biden aides at the private office he had used in Washington DC.

  20. What's been happening?published at 17:43 Greenwich Mean Time 12 January 2023

    President Joe Biden speaks about inflationImage source, Getty Images

    It's proving to be a tough day at the office for President Joe Biden. If you're just joining us, here're the latest on the discovery of classified documents at his home:

    • Two sets of classified US government documents from Biden's time as vice president have been found by his aides - one in a private office and another at his home in Delaware
    • Biden faced a barrage of questions from reporters earlier about the material following a speech in which he touted the growing health of the US economy
    • The president offered only one brief response, arguing the documents were not "sitting out in the street" and were turned over to the justice department immediately
    • His special counsel said the president is fully cooperating with the department to ensure the files are stored properly by the US National Archives
    • Republican Speaker Kevin McCarthy has called for Congress to investigate Biden, accusing him of hypocrisy and double standards
    • Attorney General Merrick Garland is expected to discuss the matter in a news conference later, which will be followed by a White House press briefing

    Stay with us as we bring you the latest developments.