Political figures and experts weighed in on the FBI’s search of President Joe Biden’s home on Friday, saying that Biden consented to the search because the next step would’ve involved federal investigators getting a search warrant.
The White House claimed that the search was not the subject of a warrant or court-authorized process, and was instead voluntary.
Assistant US Attorney Joseph Fitzpatrick said that the “FBI executed a planned, consensual search of the President’s residence in Wilmington, Delaware.”
“DOJ took possession of materials it deemed within the scope of its inquiry, including six items consisting of documents with classification markings and surrounding materials, some of which were from the President’s service in the Senate and some of which were from his tenure as Vice President,” Bob Bauer, Biden’s personal lawyer, said in a statement. “DOJ also took for further review personally handwritten notes from the vice-presidential years.”
Bauer said that the FBI asked the White House not to comment on the search until it was over. Bauer claimed that the FBI “had full access to the President’s home, including personally handwritten notes, files, papers, binders, memorabilia, to-do lists, schedules, and reminders going back decades.”
Former Chief Asst. U.S. Attorney Andy McCarthy said that Biden really did not have a choice over whether to allow the FBI to search his home.
“Biden didn’t consent to FBI search b/c he’s Mr Cooperation. He consented b/c there was probable cause of crimes,” McCarthy said. “If he didn’t agree, next step would’ve been special counsel getting a search warrant (ie, judicial finding of probable cause). Wanted to avoid that.”
Biden didn’t consent to FBI search b/c he’s Mr Cooperation. He consented b/c there was probable cause of crimes. If he didn’t agree, next step would’ve been special counsel getting a search warrant (ie, judicial finding of probable cause). Wanted to avoid that.
— Andy McCarthy (@AndrewCMcCarthy) January 22, 2023
McCarthy also took issue with people claiming that six classified documents were discovered at Biden’s residence.
“It’s not 6 classified dox,” he said. “Awkwardly worded statement by Biden team (ie, spin as favorable to Biden as possible) was ‘6 items consisting of documents with classification markings.’ We don’t know what they mean by ‘item’ (box? envelope?) nor how many classified dox in each ‘item’.”
It’s not 6 classified dox. Awkwardly worded statement by Biden team (ie, spin as favorable to Biden as possible) was ‘6 items consisting of documents with classification markings.’ We don’t know what they mean by ‘item’ (box? envelope?) nor how many classified dox in each ‘item’.
— Andy McCarthy (@AndrewCMcCarthy) January 22, 2023
Senator Ted Cruz (R-TX) noted the significance of the finding that some of the documents were from Biden’s time in the U.S. Senate, meaning that the documents could be from decades ago.
“This says some of the docs are from his Senate service. Serious Q: how on earth did he do that?” Cruz tweeted. “I’ve served in the Senate for 10 years. EVERY single classified doc I’ve read—100%—have been in a secure SCIF in the basement of the Capitol. What the hell??”
Senator Josh Hawley (R-MO) also weighed in, saying that it showed a pattern of criminal behavior from the president.
“All the way back to the Senate years. Sounds like a pattern of serial contempt for the law,” Hawley wrote. “The American people have a right to know what was in all these documents Biden was illegally hoarding. And who else had access to them.”