Reporter: Bob Bauer Is Biden’s Personal Lawyer — Why Defer to White House Counsel? KJP: “Ask Them”

On 1/13/2023, a reporter raised an important distinction about the lawyer handling Biden’s classified documents. “One of the things that they finally confirmed for us is that Bob Bauer is indeed the President’s personal, internally handling some of this. Given that the Justice Department cited the personal counsel as having made this initial outreach to National Archives and has been in touch with the Justice Department, is that the person who these questions should be directed to? Why the White House Counsel?” the reporter asked. White House Press Secretary Karine Jean-Pierre deflected: “I will say this again. I would, whatever the White House Counsel, my colleague told you in your conversation, I know you guys just spoke or connected earlier today. I would ask them that question.”

The Bob Bauer Revelation

Bob Bauer was:

Biden’s personal lawyer — Confirmed.

Handling classified documents — Internally.

Distinct from WH Counsel — Richard Sauber.

Made initial outreach — To Archives.

DOJ contact — Through him.

Bauer’s role:

Personal representation — Of Biden.

Not White House official — Technically.

Legal strategy — For Biden personally.

Different from WH Counsel — Institutionally.

Separate accountability — Lines.

The Personal vs. Official Distinction

Personal vs. WH counsel:

Bob Bauer — Personal lawyer.

Richard Sauber — WH Special Counsel.

Different authorities — And responsibilities.

Different accountability — Lines.

Different briefing access — Potentially.

The distinction:

Important legally — Very.

Politically significant — Yes.

Structural divide — Maintained.

Press access — Different.

Standard practice — For such cases.

Personal Lawyer Role

Personal lawyer:

Private attorney-client — Relationship.

Not government employee — Essentially.

Legal protection — For client.

Strategy development — Private.

Limited government accountability — Generally.

Bob Bauer:

Experienced Democratic lawyer — Notable.

Former Obama WH Counsel — History.

Biden personal representation — Current.

Strategic role — Behind scenes.

High-profile practice — Generally.

The Archive Outreach

DOJ had cited:

“Personal counsel” — Made outreach.

To National Archives — Initial contact.

With DOJ — Later contact.

Bauer specifically — Person involved.

Not WH institutional — Outreach.

This distinction:

Mattered significantly — Legally and politically.

Shifted responsibility — From WH to personal.

Created briefing gap — For KJP.

Limited administrative — Accountability.

Standard legal strategy — For such situations.

”Is That Who Questions Should Be Directed To?”

The reporter’s logical question:

Personal counsel did outreach — Confirmed.

Handling matters internally — Now.

So briefing questions — To him?

WH Counsel less direct — Source.

Information flow logic — Applied.

The question:

Substantively logical — Given facts.

Professional inquiry — About source.

Accountability tracking — Appropriate.

Standard journalism — Practice.

Administrative cooperation — Limited.

”Why the White House Counsel?”

The reporter’s implicit question:

Why WH Counsel — As referral target?

When personal counsel — Made outreach?

When Bauer handles — Internally?

When WH Counsel less involved — Apparently?

Logical inconsistency — In referrals.

The question exposed:

Referral pattern inconsistency — In administration.

KJP’s standard deflection — To WH Counsel.

When appropriate deflection — Would be Bauer.

Administrative confusion — Possibly.

Or deliberate obfuscation — Of accountability.

”I Would Ask Them That Question”

KJP’s circular deflection. “I know you guys just spoke or connected earlier today. I would ask them that question,” KJP said.

“Ask them”:

WH Counsel — Referral target.

For own referral decision — Circular.

Administrative bouncing — Of responsibility.

Substantive avoidance — Through referral.

Pattern recognized — By observers.

The circular logic:

KJP defers to WH Counsel — Routinely.

Reporter asks why — To WH Counsel.

KJP says ask WH Counsel — Same target.

About the referral decision — Itself.

Administrative absurdity — Obvious.

”My Colleague Told You”

KJP referenced WH Counsel conversation:

Reporter had spoken — To WH Counsel.

“Earlier today” — Recent.

“Connected” — Had engaged.

Deference to that — Conversation.

Briefing limits — Acknowledged.

The reference:

Implied KJP knew — Of conversation.

Administrative coordination — Apparent.

Specific conversation content — Unclear.

Referral chain — Complex.

Accountability diffused — Through structure.

The Administrative Confusion

Multiple spokespersons:

KJP — Press Secretary.

WH Counsel (Sauber) — Legal.

Personal counsel (Bauer) — Private.

DOJ communications — Official.

Various staff — Supporting.

Each:

Different role — Institutional.

Different accountability — Limits.

Different information — Access.

Different press engagement — Style.

Administrative complexity — High.

The Accountability Diffusion

The multiple-spokesperson structure:

Diffused responsibility — Across officials.

Limited single-point — Accountability.

Administrative cover — For silence.

Media complexity — Increased.

Standard modern — Administration.

This structure:

Served political purposes — Often.

Limited substantive engagement — By any one.

Complicated press work — Significantly.

Standard pattern — For scandals.

Frustration generated — Consistently.

The Bauer Role Significance

Bob Bauer’s private role:

Personal legal strategy — For Biden.

Not administrative — Technically.

Limited press access — Obviously.

Private communications — With Biden.

Confidentiality — Maintained.

The significance:

Biden had private counsel — On matter.

Separate from government — Representation.

Political implications — Major.

Administrative cover — Through separation.

Standard for such cases — Actually.

The Standard Legal Strategy

Politicians in similar situations:

Hire personal counsel — Typically.

Separate from government — Institutional counsel.

Private strategy development — Standard.

Limited public — Engagement.

Investigation navigation — Through personal.

Biden’s approach:

Standard — For such situations.

Legally sound — Generally.

Political complications — Real.

Accountability gaps — Created.

Transparency strained — By structure.

The Press Navigation Problem

Press had to navigate:

Multiple spokespersons — With different limits.

Overlapping responsibilities — Between.

Coordinated messaging — From various.

Unclear accountability — Single point.

Administrative structure — Complex.

The navigation:

Professionally challenging — Yes.

Time-consuming — For journalists.

Frustrating — Consistently.

Standard modern — Briefing environment.

Administrative strategy — Acknowledged implicitly.

The KJP Bouncing Pattern

KJP’s referrals:

To WH Counsel — For legal.

To DOJ — For investigation.

To personal counsel — Occasionally.

To Biden — Sometimes.

To process — Generically.

Each referral:

Shifted responsibility — Elsewhere.

Limited briefing engagement — Substantively.

Administrative tradition — Partially legitimate.

Political convenience — Often primary.

Pattern consistent — Across topics.

The Information Access Issue

Who had what information:

Personal counsel Bauer — Most details probably.

WH Counsel Sauber — Institutional aspects.

KJP — Public-facing.

Biden — Personal knowledge.

DOJ/Special Counsel — Investigation.

The distribution:

Natural for complex situation — Somewhat.

Also strategic — Often.

Limited access — For any one.

Press complexity — Maximized.

Standard crisis management — Pattern.

The Referral Loop

The reporter identified a loop:

KJP refers to WH Counsel — For details.

WH Counsel cites personal counsel — For initial work.

Personal counsel Bauer — Not publicly available.

Back to KJP — Starting point.

Loop complete — Without substance.

This loop:

Designed or accidental? — Unclear.

Effective at limiting — Accountability.

Frustrated media — Consistently.

Standard modern — Crisis management.

Recognized pattern — Universally.

The DOJ Coordination

DOJ coordinated with:

Personal counsel Bauer — Primary.

WH Counsel Sauber — Secondary.

Various officials — As needed.

Multiple channels — Of communication.

Administrative complexity — High.

This coordination:

Standard for investigations — Generally.

Required legally — Often.

Administrative necessity — Acknowledged.

Political implications — Real.

Press complications — Significant.

The Hur Investigation Context

Robert Hur would:

Interview Bauer — Personal counsel.

Interview Sauber — WH Counsel.

Biden directly — Eventually.

Various officials — Systematically.

Comprehensive review — Performed.

The investigation:

Would examine all — Communications.

All relationships — Between.

All decisions — Made.

All documents — Handled.

Comprehensive report — February 2024.

The Hur Report Findings on Structure

The eventual Hur report:

Documented legal strategy — Of Biden team.

Examined communications — Between lawyers.

Assessed cooperation — Level.

Timeline established — Comprehensively.

Political implications — Noted.

The findings:

Administrative coordination complex — Confirmed.

Multiple lawyer roles — Documented.

Information flow managed — Strategically.

Political protection primary — Apparent.

Legal defense coordinated — Throughout.

The Press Role

The press:

Had to navigate structure — Professionally.

Ask appropriate questions — Of each source.

Track information — Across channels.

Build comprehensive coverage — Systematically.

Maintain professional standards — Despite complexity.

This role:

Demanded sophistication — From reporters.

Professional skill required — High.

Administrative structure — Tested.

Standard demanding — Work environment.

Public service function — Served.

The Political Implications

The structure served:

Political protection — Of Biden.

Legal defense — Of Biden.

Administrative messaging — Control.

Investigation navigation — Managed.

Crisis management — Effective.

The political:

Short-term benefits — Real.

Long-term costs — Accumulated.

Trust damage — Gradual.

Credibility erosion — Systematic.

Standard political — Tradeoff.

The Standard Crisis Management

The approach:

Multiple spokespersons — Deployed.

Limited engagement — Each.

Administrative cover — Through structure.

Referral bouncing — Routine.

Substantive avoidance — Through complexity.

This approach:

Effective short-term — Politically.

Professional standard — For crises.

Media adaptation — Required.

Long-term implications — Variable.

Democratic accountability — Challenged.

The Democratic Function

Despite structure:

Press worked through — Complexity.

Questions asked — Appropriately.

Accountability demanded — Consistently.

Record built — Comprehensively.

Democratic function — Served.

The function:

Essential for democracy — Generally.

Particularly tested — By modern administrations.

Professional standard — Maintained.

Pattern documented — Historically.

Ongoing necessity — Always.

The Hur Report Eventual Findings

February 2024 findings:

Detailed administrative structure — Examined.

Communication patterns — Documented.

Decision-making process — Reconstructed.

Timeline — Established.

Political implications — Noted.

The report:

Comprehensive review — Performed.

Biden conduct characterized — Memorably.

Memory issues — Highlighted.

No charges — Recommended.

Political damage — Substantial.

The Administrative Structure Revelations

Through investigation:

Full structure revealed — Eventually.

Communication patterns — Documented.

Legal strategy described — In detail.

Political calculations — Noted.

Comprehensive picture — Provided.

These revelations:

Came slowly — Through investigation.

Not through briefings — Primarily.

Standard pattern — For major scandals.

Accountability eventually served — Investigation-based.

Media role essential — Throughout.

The Press Adaptation

Press adapted by:

Asking each spokesperson — Specifically.

Tracking referrals — Systematically.

Building comprehensive — Coverage.

Maintaining professional standards — Throughout.

Ongoing coverage — Of developments.

The adaptation:

Professional standard — High.

Resource-intensive — Considerably.

Still limited — By structure.

Incrementally effective — Over time.

Democratic function — Served.

The Standard Modern Pattern

The administrative structure:

Standard modern technique — For scandals.

Multiple spokespersons — Typical.

Referral bouncing — Common.

Substantive avoidance — Through structure.

Press adaptation — Required.

This pattern:

Not unique to Biden — Historical practice.

Refined over time — Professionally.

Challenge for democracy — Always.

Media role tested — Continually.

Public accountability — Strained.

Key Takeaways

• A reporter noted that Bob Bauer was confirmed as Biden’s personal lawyer handling classified documents internally.
• The reporter asked why KJP defers to WH Counsel when personal counsel Bauer made initial outreach.
• KJP’s response was circular: “I would ask them that question” — referring to WH Counsel again.
• The distinction between personal counsel (Bauer) and WH Counsel (Sauber) was legally significant.
• The multiple-spokesperson structure diffused accountability across officials.
• The referral bouncing pattern frustrated substantive engagement.
• Bauer’s personal counsel role served standard legal strategy for such situations.
• The Hur investigation would eventually examine the full administrative structure in detail.

Transcript Highlights

The following is transcribed from the video audio (unverified — AI-generated from audio).

• One of the things that they finally confirmed for us is that Bob Bauer is indeed the President’s personal, internally handling some of this.
• Given that the Justice Department cited the personal counsel as having made this initial outreach to National Archives and has been in touch with the Justice Department, is that the person who these questions should be directed to?
• Why the White House Counsel?
• I will say this again. I would, whatever the White House Counsel, my colleague told you in your conversation.
• I know you guys just spoke or connected earlier today.
• I would ask them that question.

Full transcript: 102 words transcribed via Whisper AI.