Legal scholar says Biden’s lawyers ‘likely witnesses’ in criminal probe

President Biden’s personal attorneys are “likely witnesses in a criminal investigation” over whether the commander-in-chief or others in his circle mishandled classified documents, noted legal commentator Jonathan Turley has said.

Turley, a law professor at George Washington University, told Fox News Digital Tuesday that it’s still unclear “what the evidence will show” ​but that the “most serious discovery would be evidence that Biden worked off their documents or removed them from their classification folders.”​

That would knock down the White House defense that the papers were inadvertently kept at Biden’s Delaware home and Washington DC think tank office and “make his public comments potentially deceitful of both the public and investigators,” Turley said.

“While gross mishandling does not require evil intent, unintentional violations are often addressed outside of the criminal justice system,” he added. “The most serious violations have been prosecuted where material was intentionally removed​.” ​

Materials with classified markings were found at the Penn Biden Center for Diplomacy ​and Global Engagement in Washington, where the president kept an office after serving as vice president in 2017, and at his Wilmington house. 

Turley said if the documents “were used or knowingly possessed” over those years “it would qualify as an intentional act to unlawfully possess the material.”

And if the documents found at the Penn Biden Center on Nov. 2, 2022 were handled by lawyers without proper security clearance, Turley said that “could itself be viewed as reckless and gross mishandling.”

“Moreover, those lawyers are now likely witnesses in a criminal investigation,” Turley said.

Attorney General Merrick Garland last week appointed former Maryland US Attorney Robert Hur as special counsel to investigate Biden’s handling of the documents. ​​

Republicans have demanded that the visitor logs for Biden’s Delaware home be turned over ​to determine who could have access to the classified documents, since the president frequently spends weekends at the residence. ​

But the Secret Service said Monday that while the logs for the White House are available, the records of who’s coming and going when Biden’s in Delaware ​are not because it’s a private residence. ​

The Post has filed Freedom of Information Act requests with the ​Secret Service seeking visitor logs from the Delaware home.​

The agency said “no records were located” in response to two earlier requests, but has not yet replied to the latest ask from October. ​