Justice Department Will Not Charge Biden Over Classified Documents, But Critical Report Expected

The U.S. Department of Justice will not pursue criminal charges against President Joe Biden over his handling of classified documents found at his Delaware home and a former office in Washington, D.C., according to a source familiar with the matter. However, a critical investigative report on Biden’s actions is expected to be released soon and could contain damaging details, including photographs.

The report comes from Special Counsel Robert Hur, who was appointed by Attorney General Merrick Garland to investigate the discovery of classified materials dating back to Biden’s tenure as vice president under the Obama administration. The probe examined documents discovered in late 2022 at the Penn Biden Center for Diplomacy and Global Engagement and in the garage of Biden’s residence in Wilmington, Delaware.

Although the Justice Department has decided not to pursue charges, Hur’s report is expected to scrutinize how the documents were handled and may portray Biden and his team as careless. According to officials, the report could be made public as early as this week.

Biden Team Braces for Fallout

The anticipated release has raised concerns within the Biden administration and his re-election campaign. Advisors fear the inclusion of photographs showing sloppy storage of classified materials could spark criticism and damage public perception. Some images are believed to show boxes of sensitive documents stored in Biden’s garage, an image that could resonate negatively with voters as the 2024 election approaches.

The White House has maintained that Biden’s situation is fundamentally different from that of former President Donald Trump, who is facing federal charges related to classified documents discovered at his Mar-a-Lago estate. Officials argue that Biden’s legal team voluntarily disclosed the presence of the documents and cooperated fully with federal investigators, including consenting to searches of his property.

Anthony Coley, a former senior adviser to Garland, criticized the Biden team for the slow pace at which information was released to the public. In an op-ed, he wrote, “Against the backdrop of former President Trump’s indictment on charges of willful and deliberate retention of classified documents, the Biden team’s drip, drip, drip of information made the discoveries seem even worse.”

Contrast With Trump’s Legal Woes

While Biden will not face legal consequences, former President Trump is currently confronting multiple criminal charges, including willful retention of national defense information and obstruction of justice. Prosecutors allege Trump knowingly took classified documents from the White House and resisted efforts to return them.

Unlike Biden, who voluntarily returned the materials, Trump is accused of directing others to hide boxes and of misleading the National Archives and the FBI. The case is being prosecuted by Special Counsel Jack Smith, also appointed by Garland.

Trump, who is the leading contender for the 2024 Republican presidential nomination, has repeatedly accused the Justice Department of holding him to a different standard than Biden. The decision not to charge Biden is likely to fuel those claims further, especially as Trump’s legal battles remain ongoing.

Pence Also Cleared

The Justice Department has also cleared former Vice President Mike Pence of wrongdoing after a similar investigation into classified documents found at his Indiana home. In June, the department informed Pence’s legal team that it found no grounds for criminal charges.

These differing outcomes have added fuel to the political debate over the handling of classified information and the perceived fairness of the legal system.

Legal Setback in Trump Case

Meanwhile, Trump received a small legal win in his classified documents case. U.S. District Judge Aileen Cannon, a Trump appointee presiding over the Florida trial, denied Special Counsel Smith’s motion to compel Trump to reveal whether he intends to use an “advice of counsel” defense.

Legal analysts noted that forcing such a disclosure now could violate attorney-client privilege. MSNBC legal analyst Katie Phang commented that the decision was a “significant blow” to Smith’s strategy. Judge Cannon ruled that it was premature to require such disclosures before more of the pre-trial process is completed, including the presentation of evidence and witness lists.

Former U.S. Attorney Joyce Vance expressed concern about delays, suggesting Cannon may be aiming to postpone the trial until after the 2024 election—or potentially indefinitely. “It’s entirely clear she has no intention of letting this case go to trial before the election or possibly ever,” Vance posted on social media.

Looking Ahead

While Biden avoids prosecution, the political consequences of Hur’s report remain uncertain. The critical tone of the findings, along with any revealing imagery, could complicate Biden’s campaign messaging, particularly on issues of transparency and responsibility.

As the 2024 election season intensifies, both Biden and Trump face ongoing scrutiny—not just from voters but from legal investigators whose findings could shape the political landscape in the months ahead.