Joe Biden Classified Documents Incident
   HOME

TheInfoList



OR:

On January 9, 2023,
CBS News CBS News is the news division of the American television and radio broadcaster CBS. It is headquartered in New York City. CBS News television programs include ''CBS Evening News'', ''CBS Mornings'', news magazine programs ''CBS News Sunday Morn ...
reported that attorneys for U.S. President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
discovered classified government documents in his former office at the Penn Biden Center in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, and in his personal residence in
Wilmington, Delaware Wilmington is the List of municipalities in Delaware, most populous city in the U.S. state of Delaware. The city was built on the site of Fort Christina, the first Swedish colonization of the Americas, Swedish settlement in North America. It lie ...
, dating to his time in the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
and his vice presidency in the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...
. The number of documents was later revealed to be between 25 and 30. By June 2023, classified documents from Biden's Senate tenure were discovered in materials donated to the
University of Delaware The University of Delaware (colloquially known as UD, UDel, or Delaware) is a Statutory college#Delaware, privately governed, state-assisted Land-grant university, land-grant research university in Newark, Delaware, United States. UD offers f ...
. On November2, 2022, Biden's attorneys discovered the first set of classified documents in a locked closet at the Penn Biden Center; they reported them that day to the
National Archives and Records Administration The National Archives and Records Administration (NARA) is an independent agency of the United States government within the executive branch, charged with the preservation and documentation of government and historical records. It is also task ...
(NARA), which retrieved them the next day. The classified documents included intelligence material and briefing memos on Ukraine, Iran and the United Kingdom. In coordination with the
Justice Department A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
(DOJ), Biden's attorneys discovered a second set of documents at Biden's home on December20, followed by several more on January9 and January12, 2023. Biden's personal attorney said on January 21 that the Justice Department discovered six items containing classification markings during a consensual search of his home the previous day, some of which dated to his tenure in the Senate; investigators also seized some of Biden's handwritten notes from his vice presidency. On November14, 2022, Attorney General
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who served as the 86th United States attorney general from 2021 to 2025. He previously served as a circuit judge of the United States Court of Appeals for the Dist ...
assigned U.S. Attorney John R. Lausch Jr. to conduct an initial investigation. On January12, 2023, Garland appointed Robert K. Hur as special counsel to investigate "possible unauthorized removal and retention of classified documents or other records". The next day, the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...
opened a separate investigation into the documents. On February8, 2024, the Justice Department released the report by special counsel Hur, which concluded that the "evidence does not establish Mr. Biden's guilt beyond a reasonable doubt", so "no criminal charges are warranted in this matter". For classified documents found in the Penn Biden Center and in the University of Delaware, Hur judged that they "could plausibly have been brought to these locations by mistake". For Afghanistan-related classified documents found in the garage of Biden's Delaware home, Hur stated that his investigation could not determine "why, how, or by whom" that material was kept. For Biden's handwritten notebooks found in Biden's Delaware home, which included classified content, Hur credited the possibility that Biden treated them as "personal property", given "historical practice" of the federal government allowing President
Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
to take home his diaries as "personal records" despite their classified content. While Hur found that Biden read out classified information from his notebooks to his
ghostwriter A ghostwriter is a person hired to write literary or journalistic works, speeches, or other texts that are credited to another person as the author. Celebrities, executives, participants in timely news stories, and political leaders often h ...
, Hur judged that it was not proven that Biden knew that the information was classified. Hur also surmised that in a trial, "Biden would likely present himself to a jury... as a sympathetic, well-meaning, elderly man with a poor memory" with "diminished faculties in advancing age". The report's comments on Biden's memory have sparked substantial political controversy, with ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', ''
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'', and ''
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
'' magazine describing them as overshadowing the report's conclusion against charging Biden. During a press conference later that day, Biden criticized Hur's report for negatively assessing his mental state, describing it as "extraneous commentary", and stated "my memory's fine". Biden criticized Hur for questioning him about the timing of his son Beau's death, suggesting it was unnecessary. However, the transcript of Biden's interview showed that it was Biden himself that brought up
Beau Biden Joseph Robinette "Beau" Biden III (February 3, 1969 – May 30, 2015) was an American politician, lawyer, and officer in the Judge Advocate General's Corps, U.S. Army, Army Judge Advocate General's Corps from Wilmington, Delaware, Wilmingt ...
's death in his testimony, failing to correctly remember the year. Additionally, Biden failed to remember when he was vice president. The DOJ defended the report against criticism over inclusion of comments on Biden's memory, stating that the report and its public release fell well within DOJ guidelines. In May 2024, Biden would invoke
executive privilege Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and ot ...
to keep a recording of the Hur interview classified. On June 12, 2024, Garland, who enforced Biden's executive privilege decision to keep the audio of President Biden's interview with Hur classified and would not turn it over to Congress, would be found in Contempt of Congress; despite the fact that the audio recording of the Hur interview was not turned over to Congress, the transcript of the Hur interview had already been turned over.


Background

CNN Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
reported that the process to return Biden's documents to NARA began many weeks before his vice presidency ended, but was made more difficult by the fact that Biden continued to use his vice presidential offices and continued to receive more classified documents. CNN, quoting "former aides and others with direct knowledge of the process", reported that most of the actual packing of Biden's belongings and documents was done by lower-level staffers, though the staff had "clear Presidential Records Act guidelines" and took those guidelines seriously. The documents "not deemed covered by the records requirements to submit to the National Archives" were stored at a temporary facility run by the
General Services Administration The General Services Administration (GSA) is an Independent agencies of the United States government, independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. G ...
near the White House before eventually being moved to the Penn Biden Center.


Discoveries and other developments


First batch of documents

On November 2, 2022,
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
's personal attorneys found classified documents dating to his vice presidency, some of which were top secret
sensitive compartmented information Sensitive compartmented information (SCI) is a type of United States classified information concerning or derived from sensitive intelligence sources, methods, or analytical processes. All SCI must be handled within formal access control systems ...
, in a locked closet while packing files at the
Penn Biden Center for Diplomacy and Global Engagement The Penn Biden Center for Diplomacy and Global Engagement of the University of Pennsylvania is located in Washington, D.C., and is named after Joe Biden, who was a former vice president and senator at the time of its founding in 2018, and later se ...
, a think tank where Biden worked after leaving the government in 2017. The White House notified NARA on the same day of the discovery; NARA retrieved the documents the next day and notified its inspector general, who referred the matter to the DOJ on November 4. The FBI and DOJ initiated an assessment of whether classified materials had been mishandled on November 9, notifying Biden's personal attorneys the next day.


DOJ letter to Bob Bauer

''The Washington Post'' reported in January 2023 that a senior DOJ national security division official wrote to Biden's personal attorney Bob Bauer in mid-November, asking the Biden legal team to secure the documents found at Penn Biden Center and refrain from further reviewing them, or other documents that might be in other locations. The letter also requested formal permission to examine the Penn Biden materials, and asked for a list of other locations where documents might be stored. The letter implied that the DOJ would take the lead in the inquiry; this allowed Biden's team to approach the situation with caution and deference to the DOJ, only acting in coordination with federal investigators in the hope that the matter would be quickly resolved. The resulting lack of transparency in public communications led to perceptions by some in the media that the Biden team was obfuscating details.


Second batch of documents

On December 20, a second batch of classified documents was discovered by Biden's attorneys in the garage of his home in Wilmington, Delaware. On January 11, 2023, a one-page classified document was also found in a room adjacent to the garage, described as Biden's private library. This discovery was made and reported by Biden's personal attorneys, who immediately stopped searching that room because they did not have security clearances. On January 12, five more one-page classified documents were recovered from the library by the White House attorney and DOJ representatives who had gone there to collect them. None of these documents were classified as top secret.
CBS News CBS News is the news division of the American television and radio broadcaster CBS. It is headquartered in New York City. CBS News television programs include ''CBS Evening News'', ''CBS Mornings'', news magazine programs ''CBS News Sunday Morn ...
reported on January 13 that a total of about 20 documents were found at the Penn Biden Center and Biden's home in Wilmington. The finding of the second batch of classified documents at Biden's residence was not initially disclosed to the public when the White House made its initial disclosure on January 9.
White House Press Secretary The White House press secretary is a senior White House official whose primary responsibility is to act as spokesperson for the executive branch of the United States federal government, especially with regard to the president, senior aides and ...
Karine Jean-Pierre Karine Jean-Pierre (born August 13, 1974) is an American political advisor who served as the White House Press Secretary, White House press secretary from May 2022 to January 2025, and a senior advisor to President Joe Biden from October 2024 t ...
defended the communication, saying the search of the second batch "was still ongoing" at that time of the initial statements and "after the search concluded ... we released a statement disclosing the facts from that search". She later stated that the DOJ inquiry prevented the administration from disclosing the matter to the public.


FBI search of Biden's Wilmington home

On January 20 the FBI conducted a 13-hour search of the entire premises of Biden's Wilmington home. The next day his personal attorney Bob Bauer revealed the search, saying that the agents had examined "personally handwritten notes, files, papers, binders, memorabilia, to-do lists, schedules, and reminders going back decades". They identified and removed six documents containing classified markings from Biden's home office, some from his time in the Senate and some from his vice presidency. They also took possession of some of his notes. Biden and his wife were at their home in
Rehoboth Beach, Delaware Rehoboth Beach ( ) is a city on the Atlantic Ocean along the List of beaches in Delaware, Delaware Beaches in eastern Sussex County, Delaware, United States. As of 2020, its population was 1,108. Along with the neighboring coastal town of Lewes, ...
, at the time. CNN reported the search was conducted with the consent of Biden's attorneys, so a subpoena or search warrant was not required.


Other searches

On February 1 the FBI searched Biden's home in Rehoboth Beach. According to Biden's attorney, the FBI found no classified documents, but took papers and notes from his time as vice president. On February 16, it was reported that the FBI had carried out a search at the
University of Delaware The University of Delaware (colloquially known as UD, UDel, or Delaware) is a Statutory college#Delaware, privately governed, state-assisted Land-grant university, land-grant research university in Newark, Delaware, United States. UD offers f ...
, which kept over 1,800 boxes of documents donated by Biden. The search did not initially turn up any classified information, but the material is still being reviewed, reported ''The Washington Post'' citing an unnamed source. By June 2023, FBI "agents found documents with potential classification markings, dating from 1977 to 1991, during Mr. Biden's service in the Senate" from the material stored in the University of Delaware, stated special counsel Robert Hur's report in February 2024.


Initial responses


Biden and his legal team

Biden stated that he was "surprised" when he learned of the documents found at Penn Biden Center. The White House also stated that Biden does not know what is in the documents. He added that he would cooperate fully with the investigation. Biden's legal team has denied any wrongdoing, stating that the documents were "inadvertently misplaced". In response to the discovery of a second set of classified documents at Biden's Wilmington home, Biden acknowledged his possession of the documents, stating "I'm going to get the chance to speak on all of this, God willing it'll be soon, but I said earlier this weekand by the way my
Corvette A corvette is a small warship. It is traditionally the smallest class of vessel considered to be a proper (or " rated") warship. The warship class above the corvette is that of the frigate, while the class below was historically that of the sloo ...
is in a locked garage. It's not like it's sitting out in the street." Biden and his advisors did not disclose the discovery of the documents to the public for 68 days. According to ''The New York Times'', Biden's team hoped that they could convince the Justice Department it was a good-faith mistake and resolve the matter before it could impact the image of Biden or his presidency. According to ''The Times'', this strategy has appeared to have "backfired" and left Biden open to criticism.


Elected officials


Republican elected officials

House Republicans compared the incident to former president
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
's retention of documents. Then-House Speaker
Kevin McCarthy Kevin Owen McCarthy (born January 26, 1965) is an American politician who served as the List of speakers of the United States House of Representatives, 55th speaker of the United States House of Representatives from January until he was Remova ...
(R-CA) stated that Congress should investigate the Biden matter and launch its own probe.
Mike Turner Michael Ray Turner (born January 11, 1960) is an American politician serving as the United States House of Representatives, U.S. representative from since 2013. A member of the Republican Party (United States), Republican Party, he was previous ...
(R- OH), incoming chair of the
House Intelligence Committee The United States House Permanent Select Committee on Intelligence (HPSCI), also known as the House Intelligence Committee, is a committee of the United States House of Representatives, currently chaired by Rick Crawford. It is the primary comm ...
, asked for a national security damage assessment regarding the Biden documents.
Jim Jordan James Daniel Jordan (born February 17, 1964) is an American politician who has served in the U.S. House of Representatives as the representative for since 2007. He is a member of the Republican Party (United States), Republican Party. ...
(R-OH), incoming chair of the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...
, launched an investigation and wrote to Garland requesting information and documents. Representatives
James Comer James Richardson Comer Jr. ( ; born August 19, 1972) is an American politician from Kentucky who represents the state's Kentucky's 1st congressional district, 1st congressional district in the United States House of Representatives. A member of ...
(R- KY),
Ken Buck Kenneth Robert Buck (born February 16, 1959) is an American lawyer and politician who represented Colorado's 4th congressional district in the United States House of Representatives from 2015 until his resignation in 2024. Buck served as chair ...
(R- CO), and
Elise Stefanik Elise Marie Stefanik ( ; born July 2, 1984) is an American politician serving as the U.S. representative for . As chair of the House Republican Conference from 2021 to 2025, she was the fourth-ranking House Republican. Stefanik's district covers ...
(R- NY and chair of the
House Republican Conference The House Republican Conference is the party caucus for Republicans in the United States House of Representatives. It hosts meetings, and is the primary forum for communicating the party's message to members. The conference produces a daily pu ...
) demanded that Biden release a visitor log of his home, though such logs are not kept for presidents' personal homes.


Democratic elected officials

Democratic officials exhibited a mixed response to the incident, with some accusing the Republicans of hypocrisy, others suggested a congressional review of the materials, due to national security concerns. Democrats in the former group argued that the same Republican officials had defended Trump's possession and retention of many more documents over a period of years, while Biden's team had immediately notified NARA of the discovery and turned over the documents. Senator
Ben Cardin Benjamin Louis Cardin (born October 5, 1943) is an American lawyer and former politician who served as a United States Senate, United States senator from Maryland from 2007 until 2025. A member of the Democratic Party (United States), Democratic ...
(D- MD) said the Republicans are creating a " false equivalency" because "one person (Biden) handled it right, the other person (Trump) handled it wrong." Representative
Hank Johnson Henry Calvin Johnson Jr. (born October 2, 1954) is an American lawyer and politician serving as the U.S. representative for since 2007. He is a member of the Democratic Party. The district is anchored in Atlanta's inner eastern suburbs, inclu ...
(D- GA) baselessly suggested the classified documents were planted to embarrass Biden. Representative
Adam Schiff Adam Bennett Schiff (born June 22, 1960) is an American lawyer, author, and politician serving as the Seniority in the United States Senate, junior United States Senate, United States senator from California, a seat he has held since 2024. A m ...
(D- CA) stated that the situation with Biden is different from the situation with Trump. Schiff also said the handling of the documents may have compromised national security. Senator
Debbie Stabenow Deborah Ann Stabenow ( ; née Greer; born April 29, 1950) is an American politician who served from 2001 to 2025 as a United States senator from Michigan. A member of the Democratic Party, she was Michigan's first female U.S. senator. Before he ...
(D- MI) called Biden's previous comments in 2022 on Trump's document possession "embarrassing", given the current incident.


Media analysis

Multiple media outlets such as
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
, CNN, and ''The New York Times'' reported significant differences between the Biden incident and the ongoing
FBI investigation into Donald Trump's handling of government documents Plasmic Echo was the codename for a Federal Bureau of Investigation (FBI) criminal investigation into former President of the United States, President Donald Trump's handling of Classified information in the United States, classified and Nati ...
. In Biden's case, the documents were not the subject of a request or inquiry by NARA; Biden notified NARA upon discovery, and Biden returned the documents the next day. In Trump's case, NARA realized notable documents from his administration were missing; they requested the documents from Trump, but Trump did not return all the documents, even following a subpoena and ultimately the
FBI search of Mar-a-Lago On August8, 2022, the Federal Bureau of Investigation (FBI) executed a search warrant at Mar-a-Lago, the residence of then-former U.S. president Donald Trump in Palm Beach, Florida. The search warrant application was authorized by U.S. At ...
. ''The New York Times'' also noted that Trump mishandled hundreds of documents, while Biden only mishandled a comparatively small number of them. ''The Washington Post'' said the incident "is likely to rob him of the unvarnished ability" to criticize Trump for his document scandal.


Misinformation

On January 12, 2023, an anonymous
Twitter Twitter, officially known as X since 2023, is an American microblogging and social networking service. It is one of the world's largest social media platforms and one of the most-visited websites. Users can share short text messages, image ...
account posted a rental application found on Hunter Biden's laptop, falsely claiming that in 2018, Biden had paid $49,910 in monthly rent for his father's Delaware residence where the documents were found. On January 14,
Miranda Devine Miranda Devine is an Australian-American columnist and writer, now based in New York City. She hosted ''The Miranda Devine Show'' on Sydney radio station 2GB until it ended in 2015. She has written columns for Fairfax Media newspapers ''The Sy ...
of the ''
New York Post The ''New York Post'' (''NY Post'') is an American Conservatism in the United States, conservative daily Tabloid (newspaper format), tabloid newspaper published in New York City. The ''Post'' also operates three online sites: NYPost. ...
'' tweeted the same application. A day later, a
Breitbart ''Breitbart News Network'' (; known commonly as ''Breitbart News'', ''Breitbart'', or ''Breitbart.com'') is an Radical right (United States), American far-rightMultiple sources: * * * * * * * * * * * * syndicated news, opinion, and commentar ...
reporter falsely claimed that Hunter had been living at the residence in 2018 and may have had access to classified documents. His post was retweeted by
House Republican Conference The House Republican Conference is the party caucus for Republicans in the United States House of Representatives. It hosts meetings, and is the primary forum for communicating the party's message to members. The conference produces a daily pu ...
chair
Elise Stefanik Elise Marie Stefanik ( ; born July 2, 1984) is an American politician serving as the U.S. representative for . As chair of the House Republican Conference from 2021 to 2025, she was the fourth-ranking House Republican. Stefanik's district covers ...
who added that "Joe Biden and the Biden Crime Family are corrupt and significant threats to national security. Our Republican House Majority will hold them accountable."
James Comer James Richardson Comer Jr. ( ; born August 19, 1972) is an American politician from Kentucky who represents the state's Kentucky's 1st congressional district, 1st congressional district in the United States House of Representatives. A member of ...
, chair of the
House Oversight Committee The Committee on Oversight and Government Reform is the main investigative United States congressional committee, committee of the United States House of Representatives. The committee's broad jurisdiction and legislative authority make it one o ...
that is investigating the Biden family, suggested it was evidence that Hunter Biden may have been funneling foreign money to his father. In the following days, the allegations were promoted by ''
The Daily Caller ''The Daily Caller'' is a right-wing news and opinion website based in Washington, D.C. It was founded by political commentator Tucker Carlson and political advisor Neil Patel in 2010. Launched as a "conservative answer to ''The Huffington ...
'' and by
Tucker Carlson Tucker Swanson McNear Carlson (born May 16, 1969) is an American conservative political commentator who hosted the nightly political talk show '' Tucker Carlson Tonight'' on Fox News from 2016 to 2023. Since his contract with Fox News was term ...
,
Sean Hannity Sean Patrick Hannity (born December 30, 1961) is an American conservative television presenter, broadcaster and writer. He hosts ''The Sean Hannity Show'', a radio syndication, nationally syndicated talk radio show, has hosted a Hannity, sel ...
, and other
Fox News The Fox News Channel (FNC), commonly known as Fox News, is an American Multinational corporation, multinational Conservatism in the United States, conservative List of news television channels, news and political commentary Television stati ...
personalities. The document actually showed quarterly rental payments for office space at the
House of Sweden The House of Sweden is a building in Washington, D.C., which hosts the Embassy of Sweden, the Embassy of Iceland, and the Embassy of Liechtenstein to the United States. The building is located at 2900 K Street N.W. in the Georgetown neighborho ...
in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...


Discovery of classified documents at Mike Pence's residence

On January24, 2023, it was reported that former vice president
Mike Pence Michael Richard Pence (born June 7, 1959) is an American politician and lawyer who served as the 48th vice president of the United States from 2017 to 2021 under President Donald Trump. A member of the Republican Party (United States), Repub ...
's attorney had notified the Department of Justice that documents marked classified had been found at Pence's Indiana residence. Pence's attorney's letter said he had hired "outside counsel with experience in handling classified documents" to review records kept at his residence, following the revelations regarding classified documents being found at Biden's residence. The letter said that these documents appeared to have been "inadvertently boxed and transported to the personal home of the former vice president at the end of the last administration". In June 2023, days before Mike Pence's announcement as a candidate in the
2024 United States presidential election United States presidential election, Presidential elections were held in the United States on November 5, 2024. The Republican Party (United States), Republican Party's Ticket (election), ticket—Donald Trump, who was the 45th president of ...
, the FBI announced that no charges would be brought against the former vice president.


Investigations

After the discovery of the first batch of documents, on November 14, 2022, Attorney General
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who served as the 86th United States attorney general from 2021 to 2025. He previously served as a circuit judge of the United States Court of Appeals for the Dist ...
assigned U.S. Attorney John R. Lausch Jr. to conduct an initial investigation.


Special counsel

On January 5, 2023, Lausch advised Garland that a special counsel was warranted. On January 12, Garland announced that he was appointing a special counsel to investigate "possible unauthorized removal and retention of classified documents or other records". He named Robert K. Hur to oversee the investigation. Hur's investigation examined "the possible unauthorized removal and retention of classified documents or other records discovered" at Biden's think tank in Washington and at his home. ''
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'' reported the DOJ and Biden's attorneys agreed the FBI would not be present as the attorneys inspected the president's properties for documents. The ''Journal'' said the DOJ found the Biden team was cooperating and was anticipating an investigation that might extend well into 2024. NBC News reported on August 11, 2023, that investigators had been negotiating with Biden attorneys for about a month to arrange an interview with the president. Biden was voluntarily interviewed by investigators for five hours on October 8 and 9. Around 100 current and former officials who worked with Biden were also interviewed. The special counsel conducted 173 interviews of 147 witnesses in total. Alongside Biden's notebooks, investigators took 90 documents from Biden's office and home, about 50 of which had classification markings.


Decision that charges were unwarranted

On February 8, 2024, the Justice Department released Hur's report on the result of his investigation; Hur decided that "no criminal charges are warranted in this matter ... even if there was no policy against charging a sitting president", because the "evidence does not establish Mr. Biden's guilt beyond a reasonable doubt." According to Hur, his "investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen", but concluded neither Biden nor his staff broke the law in handling classified materials.Regarding Biden's handwritten notebooks, which included classified content and were found in Biden's Delaware home's office and basement, Hur concluded that there was a possibility that Biden "thought his notebooks were his personal property and he was allowed to take them home, even if they contained classified information", and that "enough evidence supports this defense to establish reasonable doubt." Biden cited the past example of President
Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
acting similarly, with Hur affirming this "historical practice": Reagan had taken home his diaries which contained classified material, with the federal government allowing him to do so while labeling the diaries as "personal records". Hur's investigation further found that Biden had read out classified information "nearly verbatim" from his notebooks to his
ghostwriter A ghostwriter is a person hired to write literary or journalistic works, speeches, or other texts that are credited to another person as the author. Celebrities, executives, participants in timely news stories, and political leaders often h ...
"on at least three occasions", but Hur judged that these actions could be viewed as "unintentional"; the "evidence does not show that when Mr. Biden shared the specific passages with his ghostwriter, Mr. Biden knew the passages were classified and intended to share classified information." The ghostwriter,
Mark Zwonitzer Mark Lewis Zwonitzer (born August 28, 1962) is an American author and documentary filmmaker. Writing Zwonitzer briefly worked as a fact checker for ''Esquire'' before becoming a researcher for Richard Ben Cramer's book '' What It Takes: The ...
, did not hold a
security clearance A security clearance is a status granted to individuals allowing them access to classified information (state or organizational secrets) or to restricted areas, after completion of a thorough background check. The term "security clearance" is ...
, and Biden knew this, wrote Hur. On some occasions, "Biden took steps to ensure that Zwonitzer did not read or have access to the classified portions of the notebooks"; Biden at times skipped potentially classified material when narrating his notebooks, and he did not allow Zwonitzer to "read or handle the notebooks" with one exception, detailed Hur. In the instance that Biden let Zwonitzer read the notebook, Biden said: "some of this may be classified, so be careful ... I'm not sure. It isn't marked classified, but." As Biden was "not sure", Hur judged that this was "enough to create reasonable doubt" on whether Biden had disclosed classified information "willfully". Regarding classified material located in Biden's Delaware garage, relating to a 2009 Afghanistan troop surge, Hur stated that there was a "shortage of evidence" proving that Biden willfully and knowingly kept such material, as the investigation could not determine "why, how, or by whom" that material was kept. Hur determined that there were several defenses "likely to create reasonable doubt" into Biden's guilt, including a defense of forgetting about the materials, with the manner of storage of the material in the garage being evidence that suggested that Biden may have forgotten the materials in "an innocent mistake, rather than acting willfully – that is, with
intent An intention is a mental state in which a person commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the '' ...
to break the law". In addition, Hur noted that the Afghanistan material may no longer be "sensitive" due to several reasons: the documents were fourteen years old, the American war in Afghanistan was over with the American military being no longer in Afghanistan, and the troop surge was already "widely discussed in books and media reports". As for other classified material found in either Biden's Delaware home, in the University of Delaware, or in the Penn Biden Center in Washington, D.C., "the decision to decline criminal charges was straightforward", stated Hur, as the "evidence suggests that Mr. Biden did not willfully retain these documents and that they could plausibly have been brought to these locations by mistake". There was no evidence that Biden had seen the classified material in the University of Delaware or in the Penn Biden Center in Washington, D.C.; the material may have been mistakenly left there by Biden's staff, indicated Hur. Hur cited Biden's cooperation with the investigation and drew several sharp distinctions between Biden and Trump, who is facing a similar probe over classified documents. Hur stated that Biden had returned the documents and cooperated voluntarily with the probe from its beginning, whereas Trump declined multiple opportunities to return documents in his possession and allegedly sought to destroy evidence. The report details that Biden's ghostwriter, Mark Zwonitzer, deleted some recordings of his interactions with Biden, after learning of the federal probe into classified documents, but before investigators contacted him to ask for them. Zwonitzer admitted deleting the recordings to protect Biden's privacy; Zwonitzer also said that he did not believe that there was classified information in them or that he would be investigated in the probe, the report stated. Zwonitzer did pass to investigators transcripts of the recordings, some remaining recordings of his interactions with Biden, and his electronic devices, which allowed investigators to recover most of the deleted recordings. Hur ultimately chose not to charge Zwonitzer, citing "plausible, innocent reasons" for deletion of recordings and Zwonitzer's cooperation, such that there was not enough evidence to sufficiently prove that Zwonitzer "intended to impede an investigation". The report noted that Biden's 2017 memoir ultimately did not contain classified information.
Andrew Weissmann Andrew A. Weissmann (born March 17, 1958) is an American attorney and professor. He was an Assistant United States Attorney from 1991 to 2002, when he prosecuted high-profile organized crime cases. He served chief of the Fraud Section in the Dep ...
and Ryan Goodman wrote that the press had significantly misinterpreted Hur's findings, in part due to how Hur phrased them on the first page of his report: "Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen." Goodman and Weissmann asserted, "You have to wait for the later statements that what the report actually says is there is insufficient evidence of criminality, innocent explanations for the conduct, and affirmative evidence that Biden did not willfully withhold classified documents." Biden said that he was pleased with the report's recommendation against criminal charges and the distinctions it made between his case and Trump's handling of classified information. Biden also falsely denied sharing classified information with Zwonitzer.


Comments on Biden's memory

As part of the decision not to pursue charges, Hur noted "we have also considered that, at trial, Mr.Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory". The special counsel's report noted two particular incidents where Biden's memory was described as "significantly limited", during a recorded conversation with a ghostwriter in 2017 and an interview with investigators in 2023, describing Biden's memory as being "worse" in the latter interview. The report noted that Biden struggled to recall defining personal milestones in his life, such as the death of his son and when he took office as Vice President. The transcript of Biden's interview with the special counsel confirmed Biden demonstrating repeated lapses, regarding details of how classified information was handled, years of significant events in his life, and several other missteps unreported in the special counsel report. It also showed Biden being clearheaded for most of the interview and capable of providing detailed descriptions of other prior events. Concerns about Biden's age, memory, and mental acuity have been raised throughout Biden's term as president, especially heading into the
2024 presidential election This is a list of elections that were held in 2024. The National Democratic Institute also maintains a calendar of elections around the world. *2024 United Nations Security Council election *2024 national electoral calendar *2024 local electoral ...
.
CNN Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
,
NBC The National Broadcasting Company (NBC) is an American commercial broadcast television and radio network serving as the flagship property of the NBC Entertainment division of NBCUniversal, a subsidiary of Comcast. It is one of NBCUniversal's ...
, and ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' have described concerns regarding Biden's age and memory as his greatest political vulnerability. An NBC News poll conducted shortly before the release of Hur's report found that 76% of voters expressed major or moderate concerns about Biden's mental and physical health. The report's negative portrayal of Biden's memory added to that political controversy, with ''The New York Times'', ''The Washington Post'', and ''New York Magazine'' stating that it overshadowed the report's conclusion on not charging Biden. Shortly after the report's publication, Republican politicians utilized the report's statements on mental acuity to question Biden's fitness for re-election. Hur's report has been compared to FBI director James Comey's investigation into the
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, lawyer and diplomat. She was the 67th United States secretary of state in the administration of Barack Obama from 2009 to 2013, a U.S. senator represent ...
email controversy, in which Comey's criticism of Clinton's conduct potentially damaged her
2016 presidential campaign This national electoral calendar for 2016 lists the national/ federal elections held in 2016 in all sovereign states and their dependent territories. By-elections are excluded, though national referendums are included. January *7 January: Kiri ...
, despite not recommending charges. The White House was allowed an
executive privilege Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and ot ...
review of Hur's report prior to its public release, but did not request any redactions, though the
White House counsel The White House Counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Off ...
asked Hur to revise "inflammatory" language describing problems with Biden's memory. The appendix of the report included a letter from Biden attorneys addressing Hur's references to Biden's age and "poor memory," which the attorneys characterized as pejorative and "highly prejudicial language" that "is not supported by the facts, nor is it appropriately used by a federal prosecutor in this context." Biden's personal attorney said the inclusion of the content was contrary to Justice Department "regulations and norms" and reminiscent of FBI director James Comey's criticisms of Hillary Clinton during the 2016 presidential campaign. During a press conference later that day, Biden criticized Hur's report for negatively assessing his mental state, describing it as "extraneous commentary", and stated "my memory's fine." In response to the results of the investigation, Vice President
Kamala Harris Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who served as the 49th vice president of the United States from 2021 to 2025 under President Joe Biden. She is the first female, first African American, and ...
criticized the report, calling it "gratuitous" and "politically motivated", and questioned Hur's integrity. Representative
Dean Phillips Dean Benson Phillips ( Pfefer; born January 20, 1969) is an American politician, businessman, philanthropist, and former presidential candidate who served from 2019 to 2025 as the U.S. representative for . A member of the Democratic Party, Phi ...
(D- MN), who was primarying Biden at the time of its release, honed in on the parts about Biden’s age when he stated that the report “simply affirms what most Americans already know and all but handed the 2024 election to Donald Trump” if Biden is the Democratic nominee. As a special counsel, Hur was required to provide an explanation for his decision not to prosecute Biden. Some legal experts and government officials have stated that Hur's report contained unnecessary commentary on Biden's mental acuity, beyond what was required as an explanation. Former attorney general
Eric Holder Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd United States attorney general from 2009 to 2015. A member of the Democratic Party (United States), Democratic Party, Holder was the first African Ameri ...
said the Hur report "contains way too many gratuitous remarks and is flatly inconsistent with long standing DOJ traditions," adding that if they had "been subject to a normal DOJ review these remarks would undoubtedly have been excised." The president was upset that attorney general
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who served as the 86th United States attorney general from 2021 to 2025. He previously served as a circuit judge of the United States Court of Appeals for the Dist ...
had not reined in the report, though under special counsel regulations Garland would be required to notify Congress of any changes he made, which might raise allegations of political interference. Ian Sams, a spokesman for the White House Counsel's office, suggested that Hur, a Republican appointed as a US attorney by Trump, may have felt pressure to include the damaging language about Biden to appease others in his party who might attack him for not criminally charging the president. Law professor
Barbara McQuade Barbara Lynn McQuade (born December 22, 1964) is an American lawyer who served as the United States Attorney for the Eastern District of Michigan from 2010 to 2017. As part of President Donald Trump's 2017 dismissal of U.S. attorneys, she stepped ...
stated that Hur's comments "besmirched" Biden and went beyond what was necessary to demonstrate a lack of sufficient evidence to charge him. Other current and former DOJ officials have stated that Hur's detailed explanation was well within Justice Department guidelines for special counsels, giving relevant information on his decision against charging Biden. They mentioned that Hur's narrative was likely motivated by self-preservation, as he needed to justify not charging Biden when Trump was indicted for similar, albeit far more serious offenses. Former prosecutors described Hur's executive summary, containing many "quotable" characterizations about Biden's memory and age, as reading like a "standard internal department memo" justifying non-prosecution. Steven Tyrell, who once led the DOJ's fraud department, defended the level of detail Hur included in his report, saying it was very important "to articulate the basis for any charging decision". Former
DEA The Drug Enforcement Administration (DEA) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating illicit drug trafficking and distribution within the U.S. It is the lead agency for domes ...
Acting Administrator
Chuck Rosenberg Chuck Rosenberg is an American attorney who served as Acting Administrator of the Drug Enforcement Administration from 2015 to 2017. He formerly served as the U.S. Attorney for the Eastern District of Virginia (EDVA) and for the Southern District ...
defended Hur on accusations of partisanship, noting that he is obligated to assess a jury's view of Biden. Rosenberg said some language describing Biden was "arguably disparaging", allowing for usage in political attacks upon public disclosure, which was likely to occur. He criticized special counsel regulations as contributing to these issues. Associate deputy attorney general Bradley Weinsheimer, the DOJ's senior nonpolitical career official, rejected White House criticisms, stating that the report's comments "fall well within the department’s standards for public release". Trump administration attorney Mark Lytle criticized the report's detailing of Biden's mental acuity, saying that it made allegations against Biden without him being able to defend himself before a court of law. Conservative legal scholar
Jonathan Turley Jonathan Turley is an American attorney, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism. A professor at George Washington University Law School, he has testified in United States congressional proceedings ...
defended Hur's inclusion of such details, saying it was necessary to justify not charging Biden and that Hur was expected to provide a detailed report. Attorney General Garland stated that Hur had never proposed an investigative step which he found to be inappropriate. Medical experts have stated that the report's judgements regarding Biden's mental ability were not scientifically based and did not resemble medical methods of assessing cognitive impairment.


Congressional

House Oversight Committee The Committee on Oversight and Government Reform is the main investigative United States congressional committee, committee of the United States House of Representatives. The committee's broad jurisdiction and legislative authority make it one o ...
chairman
James Comer James Richardson Comer Jr. ( ; born August 19, 1972) is an American politician from Kentucky who represents the state's Kentucky's 1st congressional district, 1st congressional district in the United States House of Representatives. A member of ...
(R- KY) wrote to NARA and the
White House counsel The White House Counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Off ...
on January 10, 2023, requesting documents and communications between them and the Justice Department. He wrote he was investigating possible political bias by NARA by contrasting how the Biden and Trump documents matters were handled. Comer stated that his committee planned to investigate who had access to Penn Biden Center. The
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...
opened an investigation on January 13, 2023. Committee chairman
Jim Jordan James Daniel Jordan (born February 17, 1964) is an American politician who has served in the U.S. House of Representatives as the representative for since 2007. He is a member of the Republican Party (United States), Republican Party. ...
wrote to Garland demanding all documents and communications between the FBI, Justice Department and White House about the matter, as well as information about Hur's appointment as special counsel. In addition, the Congressional " Gang of Eight" requested to have a briefing on the matters of the Trump and Biden classified document matters, as well as the Mike Pence classified documents matter. In late February 2023, they were given an initial briefing by a number officials, including Assistant Attorney General Matthew G. Olsen, National Intelligence Director
Avril Haines Avril Danica Haines (born August 27, 1969) is an American lawyer who served as the seventh Director of National Intelligence, director of national intelligence in the Presidency of Joe Biden, Biden administration. She is the first woman to serve ...
, and assistant director of the FBI's counterintelligence division Alan Kohler. The Judiciary and Oversight committees issued subpoenas for the Department of Justice to turn over materials from the investigation, including audio recordings of Biden's interview with Hur. Biden invoked executive privilege over the materials, preventing their disclosure. The House of Representatives subsequently held Garland in Contempt of Congress for defying the subpoenas on June 12, 2024. Despite this, it has been acknowledged that due to Biden's decision to exert executive privilege, a criminal case against Garland would be highly unlikely. On July 11, 2024, an attempt by the House of Representatives to find Garland in " inherent contempt" of Congress fell short in a 204 to 210 vote, with four Republicans voting with all Democrats to oppose the measure. The resolution would have imposed a fine of $10,000 per day on Garland for defying a congressional subpoena until he handed over audio of former special counsel Robert Hur's interview with President Joe Biden.


See also

*
FBI investigation into Donald Trump's handling of government documents Plasmic Echo was the codename for a Federal Bureau of Investigation (FBI) criminal investigation into former President of the United States, President Donald Trump's handling of Classified information in the United States, classified and Nati ...
* Mike Pence classified documents incident


References

{{DEFAULTSORT:Biden classified documents incident 2023 controversies in the United States 2023 in American politics 2023 in Delaware 2023 in Washington, D.C. Classified documents incident Classified information in the United States December 2022 in the United States January 2023 in the United States Classified documents incident November 2022 in the United States Political controversies in the United States Presidency of Joe Biden Wilmington, Delaware