U.S. Department of Justice
Special 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 of President 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 agr 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
'

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 Counsel 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 ,1vith them.
Respectfully,
Robert K Hur
Special Counsel
Enclosures: Report
Letter from counsel