A Delaware court is set to consider Thursday the Daily Caller News Foundation and Judicial Watch’s petition to reopen their case seeking the release of President Joe Biden’s Senate records held at the University of Delaware.
After findings in special counsel Robert Hur’s report on his investigation into Biden’s retention of classified documents appeared to undermine the university’s claim that no tax dollars were used to process the records, the DCNF and Judicial watch moved for the case to be reopened. Judge Ferris W. Wharton of the Superior Court of the State of Delaware will hear arguments on reopening the case during a hearing.
“The Hur report revelations are absolutely stunning,” said Michael Bastasch, editor-in-chief for the DCNF. “The University of Delaware has some serious explaining to do.”
Judicial Watch sued for the records on behalf of itself and the DCNF in July 2020 following the university’s denial of the records request, which it claimed was because the records were not related to the expenditure of public funds.
Along with the actual collection records, the requested documents included agreements relating to the storage of 1,850 boxes and 415 gigabytes of records from Biden’s 1973 to 2009 Senate career, communications between university staff and Biden’s staff, and log sheets of individuals who have visited the collection.
The Delaware Supreme Court shielded the documents from release last year in July when it sided with the university.
“We have powerful evidence that the courts were misled about the Biden papers,” Judicial Watch President Tom Fitton said in a statement.
Biden’s records have been housed at the university since 2012. He provided them on the condition that they would not be publicly released until “they have been properly processed and archived,” according to the university’s website.
In Spring 2011, Biden “asked two of his former longtime Senate staffers to review his boxes in courtesy storage” in preparation for donating the papers, according to the Hur report. The report noted that the staffers “were paid by the University of Delaware to perform the pre-gift review.”
The DCNF and Judicial Watch argued in their March motion to reopen the case that the payment contradicts the university’s claim that no public funds were used to process the records.
“The search for Senate documents took place at Mr. Biden’s direction, required the participation of many, and was paid for by the University,” the motion stated. “Even the University General Counsel was involved in coordinating with Mr. Biden’s Chief of Staff.”
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