In January, Attorney General Merrick Garland appointed Hur as a special counsel after classified documents from the Obama administration were discovered at the President’s former office in Washington, D.C., as well as his residence in Wilmington, Delaware.

Biden has said earlier that he was “cooperating fully and completely” with the DOJ’s investigation. Pence also cooperated with federal investigators by providing an interview regarding his handling of classified material, which ultimately led to his exoneration.

Trump has attempted to equate the investigation into his handling of classified documents with the ones involving Pence and Biden. However, Biden’s case differs significantly, as argued by his aides.

When classified documents were discovered in his office, the current president allegedly returned them to the government and voluntarily allowed federal authorities to search his properties for additional materials. On the other hand, the FBI had to obtain a warrant to retrieve documents from Trump after he resisted efforts to reclaim them, some claim.

Nevertheless, Biden’s aides have been reportedly frustrated by Garland’s appointment of a special counsel. In private discussions, the President’s aides expressed their frustration about the Justice Department’s closure of the investigation into Pence, citing no wrongdoing.

Biden’s advisors privately worry that Hur, while potentially absolving Biden of misconduct, might publicly rebuke him for negligence, recalling former FBI Director James Comey’s critique of Hillary Clinton’s classified information management in the 2016 campaign.