Biden Not Expected To be Charged In Classified Docs Case

By Robert Cunningham, updated on November 17, 2023

In a twist of events, President Joe Biden appears clear of criminal charges relating to his management of classified documents, according to sources close to the matter.

Special Counsel Robert Hur's impending final report will likely castigate Biden's handling of these sensitive materials despite no anticipated criminal charges.

CNN initially broke the news, indicating Biden would not face criminal charges due to Hur's investigation. The classified documents, the crux of this investigation, were discovered in Biden's former office at the Penn Biden Center in Washington, D.C., and subsequently at his residence.

Biden's Classified Documents

The investigation stemmed from discovering classified materials in Biden's former office at the Penn Biden Center in Washington, D.C., and subsequently at his home. These documents, dating back to Biden's tenure as vice president and senator, raised concerns about the handling of sensitive government information.

The pending report from Hur's team is expected to critique Biden and his staff's handling of these materials, which can be traced back to his early political career.

While no criminal charges are expected, the report is predicted to delve into significant detail about the findings of the special counsel’s office during its investigation.

Trump's Similar Predicament

Former President Donald Trump faced criminal charges over similar allegations related to his handling of classified materials after leaving office. This has ignited debate about the Department of Justice's impartiality, with Trump's supporters citing alleged bias.

A key distinction in these cases lies in the response to the investigations. Unlike Trump, who was accused of obstructing the investigation, Biden's team promptly cooperated with the investigators. It's worth noting that Trump only faced charges for documents recovered following a subpoena, not those he returned voluntarily.

Nevertheless, the situation with Biden is complex. Despite no expected indictment, it doesn't necessarily absolve him of wrongdoing. The Department of Justice's policy states that a sitting president cannot be indicted, a stance originating from a 1973 policy, highlighting the unique legal considerations in play.

DOJ Policy and Presidential Immunity

Despite the lack of indictment, there is a possibility that Biden may still have committed a crime. According to a DOJ policy, a sitting president cannot be indicted, stating:

“... the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.”

This policy does not absolve Biden, but it does shed light on the legal complexities surrounding indicting a sitting president. Now, all eyes are on the upcoming release of Hur's final report, which is expected to criticize Biden's handling of classified info.


  • According to sources, President Biden is not expected to be criminally charged for handling classified documents.
  • The classified documents were found in Biden's former office and at his home.
  • The documents date back to Biden's time as vice president and senator.
  • Unlike Trump, who was criminally charged for similar reasons, Biden's team cooperated swiftly with investigators.
  • The DOJ policy establishes that a sitting president cannot be indicted.
  • Special Counsel Robert Hur's final report, expected to criticize Biden's handling of these materials, is eagerly awaited.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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