Judicial Watch Moves to Reopen Biden Senate Records Lawsuit – Special Counsel Report Suggests University of Delaware Misled Courts

(Washington, DC) – Judicial Watch announced today that it and the Daily Caller News Foundation (DCNF) petitioned the Superior Court of the State of Delaware to reopen their case for the release of Joe Biden’s Senate records kept at the University of Delaware in light of the findings of Special Counsel Robert Hur that contradict representations made under oath made by the University of Delaware that no taxpayer money was used to process Biden’s records. 

In July 2020, Judicial Watch initially filed the Freedom of Information Act (FOIA) lawsuit against the University of Delaware for former Vice President Joe Biden’s Senate records, which are housed at the university’s library (Judicial Watch Inc. and The Daily Caller News Foundation v. DE Department of Justice and University of Delaware (No. N20A-07-001 CEB)). The lawsuit was filed in the Superior Court of the State of Delaware.

In July 2023 the Delaware Supreme Court sided with the University of Delaware, denying the release of President Joe Biden’s Senate records because the University stated to the courts no tax dollars were used to manage the records.

On February 5, 2024, Hur released his report on the Biden records scandal, which calls into question the representations by the university that no state tax dollars were used to manage the Biden Senate papers (which Hur found to have contained unlawfully retained classified information).

The Judicial Watch filing states:

The [university’s affidavit] provides, in relevant part, that no consideration was paid to President Biden, “State funded or otherwise,” in connection with the Senatorial Papers. To the contrary, the Special Counsel Report found that “Mr. Biden asked two of his former longtime Senate staffers to review his boxes in courtesy storage,” and that “[t]he staffers were paid by the University of Delaware to perform the pre-gift review….” “These former staffers reviewed and catalogued the boxes and recommended to him which papers to donate….” One staffer emailed President Biden: “I have not forgotten about the boxes and files at your house. I am looking to start on those just after Thanksgiving” — another email notes that a staffer was “looking through about 20-25 boxes in the garage … From that group, he has about 2 boxes of Senate material so far….” The search for Senate documents took place at Mr. Biden’s direction, required the participation of many, and was paid for by the University. Even the University General Counsel was involved in coordinating with Mr. Biden’s Chief of Staff…. 

In sum, the Report shows that President Biden directed his former staffers’ work in reviewing and cataloguing the Senate Papers, received the benefit thereof—and the University paid for it. Such payments constitute consideration paid on President Biden’s behalf in connection with the donation of Senatorial Papers to the University—contrary to the representations [of the university]. 

The filing points out: 

On February 20, 2024, Petitioners wrote to counsel for the University seeking clarification and additional information regarding the discrepancies between the Special Counsel Report and the Supplemented Affidavit….

On March 13, 2024, the University responded, dismissing Petitioners’ concerns and doubling down on the representation that “no consideration was paid to Mr. Biden for the gift of his Senate Papers …” and that “[y]our apparent assertion that payment for services provided to the University by former Biden staffers who were independent contractors, constitutes a payment of consideration to Mr. Biden for the gift of his Senate Papers, is simply false….” (emphasis in original). Counsel’s assertion, however, directly contradicts the Special Counsel Report, which found that (1) Mr. Biden solicited and directed his former staffers’ work, (2) the former staffers performed the work for Mr. Biden—rather than the University, and (3) the University paid the former staffers. 

“The stunning revelations from the Hur report extend beyond the president’s memory lapses and mental state. The court needs to reopen this case to determine whether the University of Delaware lied,” said Michael Bastasch, editor-in-chief for the Daily Caller News Foundation.

 “The Hur report provides disturbing evidence the University of Delaware misled the courts in order to hide Biden’s Senate papers,” Judicial Watch President Tom Fitton said.

Judicial Watch and the Daily Caller News Foundation are being represented by Delaware lawyers Ted Kittila and Bill Green of Halloran Farkas + Kittila LLP. 

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