Fox News reported on Saturday that FBI agents conducted a "consensual search" of President Joe Biden's Delaware home late last week which turned up yet more classified material.

According to the Daily Wire, some criminal law experts think Biden only agreed to the search because he wants to avoid the embarrassment of investigators getting a warrant. 

Former prosecutor says there is "probable cause of crimes"

Among them is National Review columnist Andrew C. McCarthy, who once served as a chief assistant United States attorney.

McCarthy argued in a tweet on Sunday that the president's willingness to have his house searched wasn't born out of any desire to cooperate with Special Counsel Robert Hur.

Rather, the former federal prosecutor insisted that Biden didn't have a choice as he knew "there was probable cause of crimes" and the "next step would’ve been special counsel getting a search warrant."

Biden didn’t consent to FBI search b/c he’s Mr Cooperation. He consented b/c there was probable cause of crimes. If he didn’t agree, next step would’ve been special counsel getting a search warrant (ie, judicial finding of probable cause). Wanted to avoid that.

— Andy McCarthy (@AndrewCMcCarthy) January 22, 2023

McCarthy also took issue with an "awkwardly worded statement" put out by Bob Bauer, who serves as the president's personal attorney.

While Baur spoke of "six items consisting of documents with classification markings," McCarthy said that description is misleading.

It’s not 6 classified dox. Awkwardly worded statement by Biden team (ie, spin as favorable to Biden as possible) was ‘6 items consisting of documents with classification markings.’ We don’t know what they mean by ‘item’ (box? envelope?) nor how many classified dox in each ‘item’.

— Andy McCarthy (@AndrewCMcCarthy) January 22, 2023

Report: Some material goes back to Biden's time in the Senate

Saturday's Fox News report noted the latest stash of uncovered documents date back to the president's decades-long career in the Senate.

That led Texas Republican Sen Ted Cruz to wonder "how on earth" Biden had obtained the material, tweeting, "I’ve served in the Senate for 10 years. EVERY single classified doc I’ve read—100%—have been in a secure SCIF in the basement of the Capitol."

This says some of the docs are from his Senate service.

Serious Q: how on earth did he do that?

I’ve served in the Senate for 10 years. EVERY single classified doc I’ve read—100%—have been in a secure SCIF in the basement of the Capitol.

What the hell?? https://t.co/XXznYth2dA

— Ted Cruz (@tedcruz) January 22, 2023

Missouri Republican Sen. Josh Hawley made a similar point, saying that the presence of Senate documents suggests "a pattern of serial contempt for the law."

All the way back to the Senate years. Sounds like a pattern of serial contempt for the law. The American people have a right to know what was in all these documents Biden was illegally hoarding. And who else had access to them https://t.co/SnG8f4DTZw

— Josh Hawley (@HawleyMO) January 22, 2023