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Biden classified documents probe report expected soon; no charges

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WASHINGTON — A long-awaited report by special counsel Robert Hur will be made public in the coming days after a year-long investigation into how classified documents found their way to President Joe Biden’s home and office, according to a senior law enforcement official familiar with the matter.

The imminent release of a public report confirms that, as expected, no criminal charges will be filed. It is unclear to what extent the report will criticize Biden or aides regarding their handling of classified material.

The Washington Post first reported that the Justice Department is set to release Hur’s report shortly.

Biden advisers have privately expressed concern that Hur may clear the president of any wrongdoing but publicly declare that he was sloppy or careless in his handling of classified materials, two people familiar with the matter told NBC News.

That concern is derived from memories of then-FBI Director James Comey making a similar public statement during the 2016 presidential campaign about former Secretary of State Hillary Clinton’s handling of classified information.

The White House declined to comment Tuesday, as did a spokesperson for Biden’s personal attorney Bob Bauer.

Attorney General Merrick Garland appointed Hur as special counsel last year. Hur is required to write a report on his findings at the end of his investigation.

NBC News has previously reported that Hur interviewed the president and his son Hunter Biden as part of the investigation.

Hur’s investigation was sparked after classified documents, which appeared to be from the Obama administration era, were found at the Penn Biden Center and the president’s Delaware home. Some of the documents found in his home also appeared to be related to Biden’s time as a senator, Bauer said in January 2023. Biden had used the Penn Biden Center as a personal office after he finished serving as vice president.

The White House has said that once the records with classified markings were identified, they were handed over to the proper authorities. The White House has also said that Biden has cooperated with the investigation.

The looming report comes as former President Donald Trump awaits trial in Florida after being indicted on criminal charges connected to his handling of classified documents found at Mar-a-Lago. More than 100 classified documents were found at the Florida club, including documents with “Top Secret” markings, according to the indictment filed in June.

Federal authorities later indicated in a superseding indictment that Trump was focused on not allowing government officials to obtain the boxes. The indictment also laid out what authorities said was a scheme to obstruct the investigation.

Trump has pleaded not guilty to the charges against him.

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