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68 Days of Silence: Why the White House Stayed Mum on Classified Documents

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Beginning on Nov. 10, simply in the future after Legal professional Normal Merrick B. Garland assigned a Trump-appointed U.S. legal professional to look into the matter, the president’s counselors have been in “common contact,” as Mr. Bauer mentioned in an announcement, with their counterparts on the Justice Division.


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In a letter to Mr. Bauer in mid-November, a senior Justice Division official outlined subsequent steps: They would want permission to overview the paperwork discovered on the places of work of the Penn Biden Heart for Diplomacy and International Engagement, positioned simply minutes from the Capitol and the White Home. The letter, first revealed by The Washington Publish this week, additionally indicated the necessity to search different places the place comparable paperwork is likely to be discovered.

The quiet cooperation continued for weeks, even up-to-the-minute that Mr. Garland introduced the appointment of a particular counsel, Robert Okay. Hur, to analyze the matter final week. Moments earlier than Mr. Garland spoke, Mr. Bauer referred to as the division to tell them that one other web page of categorized info had been discovered.

It was a traditional authorized technique by Mr. Biden and his high aides — cooperate absolutely with investigators within the hopes of giving them no cause to suspect ailing intent. But it surely laid naked a typical problem for individuals working within the West Wing: The recommendation supplied by a president’s legal professionals typically doesn’t make for the most effective public relations technique.

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Such tensions are widespread in politically charged investigations. Former President Invoice Clinton’s political and communications advisers commonly lashed out at his legal professionals for withholding info from them about Mr. Clinton’s relationship with Monica S. Lewinsky, the previous White Home intern. Legal professionals for Mr. Trump typically begged him to not tweet in regards to the authorized circumstances in opposition to him, for worry of antagonizing prosecutors.

In Mr. Biden’s case, advisers thought that the very act of publicizing the invention of the paperwork would create a political furor that will make the appointment of a particular counsel unavoidable. They reasoned that the invention of paperwork lengthy after leaving workplace was not that uncommon and, so long as there was no intent to violate guidelines on categorized papers, was typically dealt with with out battle, so the one factor that will create authorized publicity can be drawing public consideration to it.

As Mr. Bauer later mentioned in an announcement, the legal professionals nervous that something mentioned publicly may find yourself being incorrect after additional investigation.

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