Joe Biden classified documents incident

2022–present political incident

Joe Biden classified documents incidentDate| November 2022 – January 2023

|

Location|

* Penn Biden Center for Diplomacy and Global Engagement (Washington, D.C.)
* Joe Biden's personal residence (Wilmington, Delaware)
* University of Delaware

Cause| Discovery of classified documents from the Senate tenure and vice presidency of Joe Biden in his possession
Outcome| No charges filed
executive privilege invoked
Merrick Garland found in Contempt of Congress
Inquiries|

* Initial Department of Justice investigation led by U.S. Attorney John R. Lausch Jr. (November 14, 2022 – January 12, 2023)
* Department of Justice special counsel investigation led by Robert K. Hur (January 12, 2023 – February 8, 2024)
* House Judiciary Committee investigation (January 13, 2023 – present)

On January 9, 2023, CBS News[1] reported that attorneys for U.S. President Joe Biden discovered classified government documents in his former office at the Penn Biden Center in Washington, D.C., and in his personal residence in Wilmington, Delaware, dating to his time in the United States Senate and his vice presidency in the Obama administration.[2][3][4] 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.[5][6]

On November 2, 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 (NARA), which retrieved them the next day. The classified documents included intelligence material and briefing memos on Ukraine, Iran and the United Kingdom.[7] In coordination with the Justice Department (DOJ), Biden's attorneys discovered a second set of documents at Biden's home on December 20, followed by several more on January 9 and January 12, 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.[8] On November 14, 2022, Attorney General Merrick Garland assigned U.S. Attorney John R. Lausch Jr. to conduct an initial investigation. On January 12, 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 opened a separate investigation into the documents.

On February 8, 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".[9][10] 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".[11] 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.[11] 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 to take home his diaries as "personal records" despite their classified content.[12][13][14] While Hur found that Biden read out classified information from his notebooks to his ghostwriter, Hur judged that it was not proven that Biden knew that the information was classified.[15] 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".[16]

The report's comments on Biden's memory have sparked substantial political controversy, with The New York Times, The Washington Post, and New York magazine describing them as overshadowing the report's conclusion against charging Biden.[17][18][19] 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.".[20] Biden also harshly criticized Hur for purportedly 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's death in his testimony.[21][22][23] 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.[24][25]

In May 2024, Biden would invoke executive privilege to keep a recording of the Hur interview classified.[26][27] 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;[28][29] 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.[28]

## Background

[edit]

CNN 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 near the White House before eventually being moved to the Penn Biden Center.[30]

## Discoveries and other developments

[edit]

### First batch of documents

[edit]

On November 2, 2022, Joe Biden's personal attorneys found classified documents dating to his vice presidency, some of which were top secret sensitive compartmented information,[7] in a locked closet while packing files at the Penn Biden Center for Diplomacy and Global Engagement, a think tank where Biden worked after leaving the government in 2017.[31][32][33][34] The White House notified NARA on the same day of the discovery; NARA retrieved the documents the next day and notified its inspector general,[33] 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.[35][36]

### DOJ letter to Bob Bauer

[edit]

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.[37]

### Second batch of documents

[edit]

On December 20, a second batch of classified documents was discovered by Biden's attorneys in the garage of his home in Wilmington, Delaware.[2] 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.[38][34][39] This discovery was made and reported by Biden's personal attorneys, who immediately stopped searching that room because they did not have security clearances.[40] 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.[41] None of these documents were classified as top secret.[42] CBS News reported on January 13 that a total of about 20 documents were found at the Penn Biden Center and Biden's home in Wilmington.[42]

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 Karine Jean-Pierre 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".[43] She later stated that the DOJ inquiry prevented the administration from disclosing the matter to the public.[44]

### FBI search of Biden's Wilmington home

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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".[45] They identified and removed six documents containing classified markings from Biden's home office,[46] some from his time in the Senate and some from his vice presidency.[47] They also took possession of some of his notes. Biden and his wife were at their home in Rehoboth Beach, Delaware, at the time.[8][46] CNN reported the search was conducted with the consent of Biden's attorneys, so a subpoena or search warrant was not required.[48]

### Other searches

[edit]

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.[49]

On February 16, it was reported that the FBI had carried out a search at the University of Delaware, 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.[5] 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.[6]

## Initial responses

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### Biden and his legal team

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Biden stated that he was "surprised" when he learned of the documents found at Penn Biden Center.[50] The White House also stated that Biden does not know what is in the documents.[44][50] He added that he would cooperate fully with the investigation.[51] Biden's legal team has denied any wrongdoing, stating that the documents were "inadvertently misplaced".[52]

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 week - and by the way my Corvette is in a locked garage. It's not like it's sitting out in the street."[53]

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.[54]

### Elected officials

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#### Republican elected officials

[edit]

House Republicans compared the incident to former president Donald Trump's retention of documents.[55] Then-House Speaker Kevin McCarthy (R-CA) stated that Congress should investigate the Biden matter and launch its own probe.[56]

Mike Turner (R-OH), incoming chair of the House Intelligence Committee, asked for a national security damage assessment regarding the Biden documents.[55] Jim Jordan (R-OH), incoming chair of the House Judiciary Committee, launched an investigation and wrote to Garland requesting information and documents.[57] Representatives James Comer (R-KY), Ken Buck (R-CO), and Elise Stefanik (R-NY and chair of the House Republican Conference) demanded that Biden release a visitor log of his home, though such logs are not kept for presidents' personal homes.[58][59]

#### Democratic elected officials

[edit]

Democratic officials possessed 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.[60] 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.[55]

Senator Ben Cardin (D-MD) said the Republicans are creating a "false equivalency" because "one person (Biden) handled it right, the other person (Trump) handled it wrong."[55] Representative Hank Johnson (D-GA) baselessly suggested the classified documents were planted to embarrass Biden.[61] Representative Adam Schiff (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.[62] Senator Debbie Stabenow (D-MI) called Biden's previous comments in 2022 on Trump's document possession "embarrassing", given the current incident.[60][63]

### Media analysis

[edit]

Multiple media outlets such as BBC News, 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.[64] 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.[65][66][64][67] 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.[65][66][64][67] The New York Times also noted that Trump mishandled hundreds of documents, while Biden only mishandled a comparatively small number of them.[65] The Washington Post said the incident "is likely to rob him of the unvarnished ability" to criticize Trump for his document scandal.[68]

### Misinformation

[edit]

On January 12, 2023, an anonymous Twitter 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 of the New York Post tweeted the same application. A day later, a Breitbart 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 chair Elise Stefanik 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, chair of the House Oversight Committee 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 and by Tucker Carlson, Sean Hannity, and other Fox News personalities. The document actually showed quarterly rental payments for office space at the House of Sweden in Washington, D.C.[69]

### Discovery of classified documents at Mike Pence's residence

[edit]

Main article: Mike Pence classified documents incident

Pence speaking in Las Vegas in October 2023.

On January 24, 2023, it was reported that former vice president Mike Pence'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".[70]

In June 2023, days before Mike Pence's announcement as a candidate in the 2024 United States presidential election, the FBI announced that no charges would be brought against the former vice president.[71]

## Investigations

[edit]

After the discovery of the first batch of documents, on November 14, 2022, Attorney General Merrick Garland assigned U.S. Attorney John R. Lausch Jr. to conduct an initial investigation.[36][72][39]

### Special counsel

[edit]

Robert K Hur was appointed as special counsel to oversee the investigation by Attorney General Merrick Garland on January 12, 2023.

On January 5, 2023, Lausch advised Garland that a special counsel was warranted.[36][72][39] 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".[73][74] He named Robert K. Hur to oversee the investigation.[75] 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.[76]

The Wall Street Journal reported the DOJ and Biden's attorneys agreed the FBI would not be present as the attorneys inspected the president's properties for documents.[77] The Journal said the DOJ found the Biden team was cooperating and was anticipating an investigation that might extend well into 2024.[77]

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.[78] Biden was voluntarily interviewed by investigators for five hours on October 8 and 9.[79] Around 100 current and former officials who worked with Biden were also interviewed.[9] The special counsel conducted 173 interviews of 147 witnesses in total.[80] Alongside Biden's notebooks, investigators took 90 documents from Biden's office and home, about 50 of which had classification markings.[12]

#### Decision that charges were unwarranted

[edit]

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."[9][10] 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.[12][81]

Full report by Hur, February 2024

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."[12][82][83] Biden cited the past example of President Ronald Reagan 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".[13][14][82]

Hur's investigation further found that Biden had read out classified information "nearly verbatim" from his notebooks to his ghostwriter "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."[10][15][84] The ghostwriter, Mark Zwonitzer, did not hold a security clearance, and Biden knew this, wrote Hur.[85] 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.[6][86][87] 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."[6] As Biden was "not sure", Hur judged that this was "enough to create reasonable doubt" on whether Biden had disclosed classified information "willfully".[86][88]

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.[11][86] 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 to break the law".[81][89] 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".[86]

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".[11][83] 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.[86]

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.[10] 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.[10][90][91]

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.[92] 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.[92] 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.[85][92] 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".[85][92] The report noted that Biden's 2017 memoir ultimately did not contain classified information.[91]

Andrew Weissmann 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."[93]

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.[90] Biden also falsely denied sharing classified information with Zwonitzer.[94]

#### Comments on Biden's memory

[edit]

Biden speaking at the White House in January 2024

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".[81] 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.[95][96] 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.[97] 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.[98][21]

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. CNN, NBC, and The Guardian 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.[99][100][101] 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.[19][18][17] Shortly after the report's publication, Republican politicians utilized the report's statements on mental acuity to question Biden's fitness for re-election.[102] Hur's report has been compared to FBI director James Comey's investigation into the Hillary Clinton email controversy, in which Comey's criticism of Clinton's conduct potentially damaged her 2016 presidential campaign, despite not recommending charges.[103][104]

The White House was allowed an executive privilege review of Hur's report prior to its public release, but did not request any redactions, though the White House counsel asked Hur to revise "inflammatory" language describing problems with Biden's memory.[105][95] 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.[106] 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."[20] In response to the results of the investigation, Vice President Kamala Harris criticized the report, calling it "gratuitous" and "politically motivated", and questioned Hur's integrity.[107]

Garland speaking in May 2023, with Biden in the background.

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.[18][108] Former attorney general Eric Holder 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."[109] The president was upset that attorney general Merrick Garland 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.[110][111] 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.[112] Law professor Barbara McQuade stated that Hur's comments "besmirched" Biden and went beyond what was necessary to demonstrate a lack of sufficient evidence to charge him.[18]

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.[19][111][108] 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".[113] Former DEA Acting Administrator Chuck Rosenberg 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.[114] 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".[24]

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 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.[115]

Attorney General Garland stated that Hur had never proposed an investigative step which he found to be inappropriate.[108]

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.[116]

### Congressional

[edit]

House Oversight Committee chairman James Comer (R-KY) wrote to NARA and the White House counsel 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.[117][118] Comer stated that his committee planned to investigate who had access to Penn Biden Center.[119]

The House Judiciary Committee opened an investigation on January 13, 2023. Committee chairman Jim Jordan 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.[57][120]

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, and assistant director of the FBI's counterintelligence division Alan Kohler.[121]

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.[122] Biden invoked executive privilege over the materials, preventing their disclosure.[123] The House of Representatives subsequently held Garland in contempt for defying the subpoenas on June 12, 2024.[124] 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.[29]

## See also

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* FBI investigation into Donald Trump's handling of government documents
* Mike Pence classified documents incident

## References

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1. ^ Farley, Robert (January 19, 2023). Timeline of Biden’s Classified Documents. FactCheck.org.
2. ^ a b Savage, Charlie; Baker, Peter; Thrush, Glenn (January 12, 2023). "Garland Appoints Special Counsel to Investigate Handling of Biden Documents". The New York Times. Archived from the original on July 18, 2023. Retrieved January 12, 2023.
3. ^ Miller, Zeke (January 9, 2023). "DOJ reviewing potentially classified docs at Biden center". AP News. Archived from the original on January 12, 2023. Retrieved January 12, 2023.
4. ^ Miller, Zeke; Tucker, Eric (January 12, 2023). "Garland appoints special counsel to investigate Biden docs". AP News. Archived from the original on June 9, 2023. Retrieved September 2, 2023.
5. ^ a b Pager, Tyler; Viser, Matt; Stein, Perry (February 16, 2023). "FBI searched University of Delaware for Biden documents". The Washington Post. Archived from the original on February 16, 2023. Retrieved February 16, 2023.
6. ^ a b c d Herridge, Catherine; Legare, Robert; Farhi, Arden; Diaz, Adriana; Triay, Andres (February 8, 2024). "Special counsel finds Biden "willfully" disclosed classified documents, but no criminal charges warranted". CBS News. Archived from the original on February 11, 2024. Retrieved February 11, 2024.
7. ^ a b Cohen, Marshall; Liptak, Kevin; Perez, Evan; Mattingly, Phil (January 12, 2023). "Former US attorney named special counsel in Biden document probe". CNN. Archived from the original on January 13, 2023. Retrieved January 13, 2023.
8. ^ a b Miller, Zeke; Balsamo, Michael; Long, Colleen (January 22, 2023). "FBI searched Biden home, found items marked classified". AP News. Archived from the original on September 2, 2023. Retrieved September 2, 2023.
9. ^ a b c Thomas, Pierre; Mallin, Alexander; Bruggeman, Lucien; Faulders, Katherine (February 9, 2024). "Special counsel won't charge Biden in classified docs probe, despite evidence he 'willfully retained' materials". ABC News. Archived from the original on February 8, 2024. Retrieved February 9, 2024.
10. ^ a b c d e Swan, Betsy Woodruff (February 8, 2024). "Special counsel passes on charging Biden but paints damning portrait of him". POLITICO. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
11. ^ a b c d Mangan, Dan (February 8, 2024). "Biden says 'my memory is fine,' disputes special counsel's report in national address". CNBC. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
12. ^ a b c d Beitsch, Rebecca; Samuels, Brett (February 8, 2024). "Special counsel finds Biden 'willfully' retained classified documents, no charges filed". The Hill. Archived from the original on February 8, 2024. Retrieved February 9, 2024.
13. ^ a b Thrush, Glenn (February 8, 2024). "Biden Cleared in Documents Case; Report Raises Concerns About His Memory". The New York Times. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
14. ^ a b Aamer, Mahdani; Peoples, Steve; Long, Colleen (February 9, 2024). "Takeaways from the special counsel's report on Biden's handling of classified documents". Associated Press. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
15. ^ a b Dale, Daniel (February 9, 2024). "Fact check: Biden makes three false claims about his handling of classified information". CNN. Archived from the original on February 11, 2024. Retrieved February 11, 2024.
16. ^ Shear, Michael D. (February 8, 2024). "Special Counsel Report Is Legal Exoneration but Political Nightmare for Biden". The New York Times. ISSN 0362-4331. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
17. ^ a b "How Bad Is the Special Counsel's Report for Biden?". New York Magazine. February 8, 2024.
18. ^ a b c d "How Justice Dept. special counsel policies let Hur critique Biden's memory". The Washington Post. February 10, 2024.
19. ^ a b c "Release of Hur Report Underlines Perils of the Special Counsel's Job". The New York Times. February 8, 2024. Archived from the original on February 10, 2024. Retrieved February 10, 2024.
20. ^ a b "'How in the hell dare he': Biden strikes defiant tone on special counsel report". NBC News. February 9, 2024. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
21. ^ a b "Transcript from documents probe contradicts Biden's account of exchange with Hur over son's death". ABC News. March 12, 2024.
22. ^ "Biden attacked Hur for asking him when Beau died. That didn't happen, sources say". NBC News. February 14, 2024. Archived from the original on February 15, 2024. Retrieved February 15, 2024.
23. ^ Rogers, Katie (February 8, 2024). "Biden Lashes Out at Special Counsel for Raising Beau's Death". New York Times. Archived from the original on February 15, 2024. Retrieved February 15, 2024.
24. ^ a b "White House Clashed With Justice Dept. Over Special Counsel Report". New York Times. February 15, 2024. Archived from the original on February 15, 2024. Retrieved February 15, 2024.
25. ^ "White House lawyers wrote Garland slamming Hur's report before its release". Politico. February 15, 2024. Archived from the original on February 15, 2024. Retrieved February 15, 2024.
26. ^ Jansen, Bart (May 16, 2024). "Biden invokes executive privilege to shield Robert Hur interview tapes from House". USA Today. Retrieved May 16, 2024.
27. ^ Legare, Robert; Farhi, Arden; Hubbard, Kaia (May 16, 2024). "Biden asserts executive privilege over recording of interview with special counsel demanded by House Republicans". CBS News. Retrieved May 16, 2024.
28. ^ a b Wong, Scott; Kaplan, Rebecca (June 12, 2024). "House votes to hold Attorney General Merrick Garland in contempt over Biden audio". NBC News. Retrieved June 12, 2024.
29. ^ a b Amiri, Farnoush (June 12, 2024). "House votes to hold Attorney General Merrick Garland in contempt for withholding Biden audio". Associated Press. Retrieved June 12, 2024.
30. ^ Kevin Liptak; Phil Mattingly; Jeff Zeleny; Arlette Saenz (January 13, 2023). "Biden's whirlwind final days as vice president had aides scrambling to close his White House office". CNN. Archived from the original on January 14, 2023. Retrieved January 14, 2023.
31. ^ Luscombe, Richard (January 12, 2023). "Classified documents: how do the Trump and Biden cases differ?". the Guardian. Archived from the original on January 12, 2023. Retrieved January 12, 2023.
32. ^ Collins, Kaitlan; Mattingly, Phil; Perez, Evan; Vazquez, Maegan; Liptak, Kevin (January 11, 2023). "Biden's legal team found another batch of classified documents in search of second location". CNN. Archived from the original on January 11, 2023. Retrieved January 12, 2023.
33. ^ a b Baker, Peter; Savage, Charlie; Thrush, Glenn; Goldman, Adam (January 10, 2023). "Biden Lawyers Found Classified Material at His Former Office". The New York Times. Archived from the original on January 13, 2023. Retrieved January 12, 2023.
34. ^ a b Renshaw, Jarrett (January 13, 2023). "What we know about the Biden documents: A timeline". Reuters. Archived from the original on January 12, 2023. Retrieved January 13, 2023.
35. ^ Shpigel, Ben (January 14, 2023). "Timeline of the Biden Documents Case: What We Know So Far". The New York Times. Archived from the original on January 14, 2023. Retrieved January 14, 2023.
36. ^ a b c Liptak, Kevin (January 16, 2023). "What we know about the Biden classified documents: A timeline of events". CNN. Archived from the original on January 16, 2023. Retrieved January 17, 2023.
37. ^ Viser, Matt; Pager, Tyler; Leonnig, Carol D.; Abutaleb, Yasmeen (January 18, 2023). "Inside the White House document strategy and its pitfalls". The Washington Post. Archived from the original on January 23, 2023. Retrieved January 22, 2023.
38. ^ Farley, Robert (January 19, 2023). "Timeline of Biden's Classified Documents". FactCheck. Archived from the original on January 20, 2023. Retrieved January 20, 2023.
39. ^ a b c Chowdhury, Maureen; Hammond, Elise; Meyer, Matt; Sangal, Aditi (January 12, 2023). "Garland lays out timeline of investigation into Biden classified documents so far". CNN. Archived from the original on January 13, 2023. Retrieved January 12, 2023.
40. ^ "More documents marked as classified found at Biden's home, White House says". CBS News. January 14, 2022. Archived from the original on January 14, 2023. Retrieved January 14, 2023.
41. ^ Satlin, Alana; Zhao, Christina (January 14, 2023). "White House says more documents with classified markings were found at Biden's Delaware home". NBC News. Archived from the original on January 19, 2023. Retrieved January 20, 2023.
42. ^ a b Diaz, Adriana; Triay, Andres; Farhi, Arden (January 13, 2023). "Total number of Biden documents known to be marked classified is about 20, source says". CBS News. Archived from the original on January 13, 2023. Retrieved January 13, 2023.
43. ^ Perez, Evan (January 11, 2023). "Source: White House's misleading statements reinforced the need for a special counsel". Archived from the original on January 12, 2023. Retrieved January 12, 2023.
44. ^ a b Lynch, Sarah N.; Mason, Jeff (January 13, 2023). "Special counsel to probe Biden's handling of classified documents". Reuters. Archived from the original on January 12, 2023. Retrieved January 13, 2023.
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50. ^ a b Thrush, Glenn; Savage, Charlie (January 10, 2023). "Biden 'Surprised' to Learn Classified Documents Were Found in Private Office". The New York Times. ISSN 0362-4331. Archived from the original on January 12, 2023. Retrieved January 13, 2023.
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71. ^ Multiple sources:
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72. ^ a b Shpigel, Ben (January 12, 2023). "Timeline of the Biden Documents Case: What We Know So Far". The New York Times. Archived from the original on January 14, 2023. Retrieved January 14, 2023.
73. ^ Lynch, Sarah N.; Renshaw, Jarrett (January 12, 2023). "Special counsel named to probe Biden's handling of documents". Reuters. Archived from the original on January 12, 2023. Retrieved January 12, 2023.
74. ^ "Live updates: Garland makes statement on Biden classified documents". CNN. January 12, 2023. Archived from the original on January 12, 2023. Retrieved January 12, 2023.
75. ^ "Garland Appoints Special Counsel to Handle Biden Documents Inquiry". The New York Times. January 12, 2023. Archived from the original on January 12, 2023. Retrieved January 12, 2023.
76. ^ Thrush, Glenn; Baker, Peter; Savage, Charlie (January 12, 2023). "Special Counsel Will Investigate Biden Documents Case". The New York Times. ISSN 0362-4331. Archived from the original on January 12, 2023. Retrieved January 13, 2023.
77. ^ a b Viswanatha, Aruna; Gurman, Sadie; Barber, C. Ryan (January 17, 2023). "Justice Department Considered but Rejected Role in Biden Documents Search". The Wall Street Journal. Archived from the original on January 17, 2023. Retrieved January 17, 2023. "The discussions and the Justice Department's willingness to let the Biden lawyers do the searches unsupervised also suggest federal investigators are girding for a monthslong inquiry that could stretch well into Mr. Biden's third year in office. One reason not to involve the FBI at an early stage: That way the Justice Department would preserve the ability to take a tougher line, including executing a future search warrant, if negotiations ever turned hostile, current and former law-enforcement officials said."
78. ^ Alba, Monica; Lee, Carol E. (August 11, 2023). "Biden attorneys in talks with federal prosecutors over terms of his interview in classified documents case". NBC News. Archived from the original on August 11, 2023. Retrieved August 11, 2023.
79. ^ "Special Counsel's Report Puts Biden's Age and Memory in the Spotlight". The New York Times. February 8, 2024. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
80. ^ "No charge for Biden over classified documents but report questions memory". BBC. February 8, 2024. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
81. ^ a b c Jeremy Herb; Hannah Rabinowitz; Devan Cole; Zachary Cohen; Holmes Lybrand (February 8, 2024). "Takeaways from special counsel's report into Biden's handling of classified documents". CNN. Archived from the original on February 8, 2024. Retrieved February 8, 2024.
82. ^ a b Savage, Charlie (February 8, 2024). "5 Takeaways From the Biden Classified Documents Investigation Report". The New York Times. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
83. ^ a b Richer, Alanna (February 9, 2024). "Biden and Trump: How the two classified documents investigations came to different endings". Associated Press. Archived from the original on February 10, 2024. Retrieved February 11, 2024.
84. ^ Abels, Grace; Putterman, Samantha (February 9, 2024). "Fact-checking Joe Biden about sharing classified materials, keeping them in lockable cabinets". Politifact. Archived from the original on February 11, 2024. Retrieved February 11, 2024.
85. ^ a b c Weissert, Will (February 9, 2024). "How the ghostwriter of Biden's memoirs ended up in the center of a classified documents probe". Associated Press. Archived from the original on February 9, 2024. Retrieved February 11, 2024.
86. ^ a b c d e Kessler, Glenn (February 10, 2024). "What the Hur report says about Biden's 'willful retention' of documents". The Washington Post. Archived from the original on February 10, 2024. Retrieved February 11, 2024.
87. ^ Miller, Zeke; Long, Colleen; Tucker, Eric; Whitehurst, Lindsay (February 9, 2024). "Biden angrily pushes back at special counsel's report that questioned his memory, handling of docs". Associated Press. Archived from the original on February 10, 2024. Retrieved February 11, 2024.
88. ^ "What you need to know about the Biden classified documents report and the fallout". NPR. February 9, 2024. Archived from the original on February 11, 2024. Retrieved February 11, 2024.
89. ^ Viswanatha, Aruna; Gurman, Sadie (February 8, 2024). "Biden Knowingly Kept and Shared Classified Material, Special Counsel Concludes". The Wall Street Journal. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
90. ^ a b "Special counsel backs no charges in Biden classified records probe". Roll Call. February 8, 2024. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
91. ^ a b Stein, Perry; Barrett, Devlin (February 8, 2024). "Special counsel: No charges for Biden in classified documents probe". The Washington Post. Archived from the original on February 9, 2024.
92. ^ a b c d Kaur, Anumita; Stein, Perry; Barrett, Devlin (February 8, 2024). "How a ghostwriter was ensnared in the Biden classified documents probe". The Washington Post. Archived from the original on February 9, 2024.
93. ^ Andrew Weissmann; Ryan Goodman (February 10, 2024). "The Real "Robert Hur Report" (Versus What You Read in the News)". Just Security. Archived from the original on February 13, 2024. Retrieved February 13, 2024.
94. ^ Dale, Daniel (February 9, 2024). "Fact check: Biden makes three false claims about his handling of classified information | CNN Politics". CNN. Archived from the original on February 15, 2024. Retrieved February 17, 2024.
95. ^ a b "White House counsel asked special counsel to revise classified documents report's descriptions of Biden's "poor memory"". CBS News. February 8, 2024. Archived from the original on February 9, 2024. Retrieved February 9, 2024.
96. ^ "'Elderly Man With A Poor Memory': Special Counsel Explains Why Biden Won't Face Charges Over Classified Docs". Forbes. February 8, 2024. Retrieved February 8, 2024.
97. ^ "Special counsel alleged Biden couldn't recall personal milestones. His response: 'My memory is fine'". Associated Press. February 8, 2024. Archived from the original on February 10, 2024. Retrieved February 10, 2024.
98. ^ "How the Special Counsel's Portrayal of Biden's Memory Compares With the Transcript". New York Times. March 12, 2024.
99. ^ "Biden's allies can't agree on how to combat questions about his age and memory". CNN. February 9, 2024. Archived from the original on February 10, 2024. Retrieved February 10, 2024.
100. ^ ""A nightmare": Special counsel's assessment of Biden's mental fitness triggers Democratic panic". NBC News. February 8, 2024. Archived from the original on February 10, 2024. Retrieved February 10, 2024.
101. ^ "Democrats work on damage control after Biden's fiery surprise speech". The Guardian. February 9, 2024. Archived from the original on February 10, 2024. Retrieved February 10, 2024.
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* v
* t
* e

Joe Biden

* 46th President of the United States (2021–present)
* 47th Vice President of the United States (2009–2017)
* U.S. Senator from Delaware (1973–2009)

Life|

* Early life
* U.S. Senate career
* Vice presidency
* Obama transition
* Trump transition
* Classified Information Procedures Act
* Counterterrorism Act
* Violence Against Women Act
* Violent Crime Control and Law Enforcement Act

Elections|

| U.S. Senate|

* 1972
* 1978
* 1984
* 1990
* 1996
* 2002
* 2008

|

Vice presidential|

* 2008 campaign
* selection
* convention
* debate
* election
* transition
* 2012 campaign
* convention
* debate
* election

Presidential|

* 1988 campaign
* primaries
* 2008 campaign
* primaries
* debates
* 2020 campaign
* basement campaign
* endorsements
* celebrity
* organizations
* Congress
* state and territorial officials
* municipal officials
* primaries
* endorsements
* debates
* Unity Task Forces
* running mate selection
* convention
* debates
* election
* protests
* 2024 campaign
* withdrawal
* Democratic opposition
* primaries
* endorsements
* protest vote movements
* debate

Family|

* Edward Francis Blewitt (great-grandfather)
* Neilia Hunter Biden (first wife)
* Jill Biden (second wife)
* James Biden (brother)
* Valerie Biden Owens (sister)
* Beau Biden (son)
* Hunter Biden (son)
* Ashley Biden (daughter)
* Howard Krein (son-in-law)
* Hallie Olivere Biden (daughter-in-law)
* Kathleen Buhle (former daughter-in-law)
* Melissa Cohen Biden (daughter-in-law)
* Naomi Biden (granddaughter)
* Dogs
* Champ
* Major
* Commander
* Cat
* Willow

Writings|

* Promises to Keep
* Promise Me, Dad
* Tomorrow Will Be Different (foreword)

Speeches|

* Inaugural address (2021)
* Joint session of Congress (2021)
* State of the Union Address
* 2022
* 2023
* 2024
* Warsaw speech (2022)
* Battle for the Soul of the Nation speech (2022)
* Vilnius speech (2023)

Media
depictions|

* Confirmation
* The Choice 2020
* "Intro to Political Science"
* My Son Hunter
* "One Last Ride"
* The Onion's "Diamond Joe"
* Our Cartoon President
* Saturday Night Live parodies
* Spitting Image

Related|

* Age and health concerns
* Awards
* Beau Biden Cancer Moonshot
* Biden Foundation
* Biden–Ukraine conspiracy theory
* Buy a Shotgun
* Eponyms
* Hunter Biden laptop controversy
* I Did That!
* Joever
* Let's Go Brandon
* Public image
* Sexual assault allegation
* Situation Room
* Sleepy Joe
* Trump–Ukraine scandal

* ← Donald Trump

* ← Dick Cheney
* Mike Pence →

* Category

* v
* t
* e

Special prosecutors and independent counsels of the U.S.

* John B. Henderson and James Broadhead
* Whiskey Ring
* William Cook
* Star Route scandal
* Holmes Conrad and Charles Bonaparte
* Post Office bribery
* Francis J. Heney
* Oregon land fraud scandal
* Atlee Pomerene and Owen Roberts
* Teapot Dome scandal
* Newbold Morris
* DOJ corruption allegations
* Archibald Cox, Leon Jaworski, Henry S. Ruth Jr., and Charles Ruff
* Watergate scandal
* Arthur Christy
* Jordan drug allegations
* Paul J. Curran
* Carter business loans
* Gerald Gallinghouse
* Kraft drug allegations
* Leon Silverman
* Donovan organized crime allegations
* Jacob Stein
* Bechtel scandal
* James C. McKay and Alexia Morrison
* Olson perjury
* Mike Seymour
* Deaver perjury
* Morrison v. Olson
* Lawrence Walsh
* Iran–Contra affair
* Carl Rauh and James Harper
* Lawrence Wallace's taxes
* James C. McKay
* Wedtech scandal
* Unknown
* sealed
* Arlin Adams and Larry Thompson
* Pierce HUD mismanagement
* Unknown
* sealed
* Nicholas John Bua
* Inslaw scandal
* Malcolm Richard Wilkey
* House banking scandal
* Frederick Bernard Lacey
* Iraqgate
* Joseph diGenova and Michael Zeldin
* 1992 Bush administration search of Clinton passport files
* Robert B. Fiske, Ken Starr, Robert Ray, and Julie Thomas
* Whitewater controversy
* Starr Report
* Donald Smaltz
* Espy trial
* David Barrett
* Cisneros payments controversy
* Barrett Report
* Daniel Pearson
* DOC trade mission controversy
* Curtis von Kann
* Segal conflict of interest investigation
* Carol Elder Bruce
* Wampumgate
* Ralph Lancaster
* Herman corruption allegations
* John Danforth
* Waco siege
* Patrick Fitzgerald
* Plame affair
* Robert Mueller
* 2016 election interference allegations
* topics
* Mueller Report
* John Durham
* Crossfire Hurricane FBI origins
* Jack Smith
* 2020 election obstruction efforts and Trump classified materials
* Robert Hur
* Biden classified materials
* David C. Weiss
* Hunter Biden investigation

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*[t]: Discuss this template
*[e]: Edit this template