Special Counsel Finds No Criminal Charges Warranted for Biden's Handling of Classified Documents

After a thorough investigation, special counsel Robert Hur issued a report on President Biden's handling of classified documents from his time as vice president, concluding that no criminal charges were warranted.

Despite significant criticism of Biden's handling of classified information, the 345-page report detailed that there was insufficient evidence to establish his guilt beyond a reasonable doubt, and no prosecution was warranted based on a consideration of aggravating and mitigating factors.

Investigation details

The investigation, which included 173 interviews and the collection of over 7 million documents, revealed that classified documents had been retained and disclosed by Biden after his vice presidency. These documents, including those related to military and foreign policy in Afghanistan and containing sensitive intelligence sources and methods, were found in various locations, such as his homes and offices, rather than being sent to the National Archives and Records Administration (NARA) as required.

Despite this, the special counsel emphasized that pursuing criminal charges was not the appropriate remedy in this case.

Potential defenses and cooperation

While Biden took notes during his time as vice president, some of which related to classified subjects, the report outlined potential defenses that could demonstrate he did not willfully retain these documents. It also highlighted his cooperation with the investigation, including sitting for an interview with investigators.

The report explicitly compared Biden's response to the federal investigation with former President Trump's, noting that Biden was cooperative while Trump allegedly obstructed justice by refusing to return documents taken from the White House after his presidency.

Comparison with Trump's case

The investigation into Biden's handling of classified documents occurred in the context of a separate special counsel investigation into Trump, who has pleaded not guilty to 40 federal counts related to classified documents found at his Mar-a-Lago estate.

Recovery of materials and privilege review

The report confirmed that FBI agents recovered materials from Biden's private office and his Wilmington home. The White House counsel's office concluded its privilege review of the report and informed the Justice Department that Biden declined to assert privilege over any portion, aligning with his commitment to cooperation and transparency throughout the investigation.