Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr.

Oct 13, 2026

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Letter and enclosed report by Special Counsel Robert K. Hur, submitted to the U.S. Attorney General under 28 C.F.R. §600.8(c), explaining the prosecution or declination decisions regarding unauthorized removal, retention, and disclosure of classified documents. The document describes counsel review and minor amendments to the draft report, removal of confidential draft markings, and subsequent conclusions from intelligence agencies. Executive summary states that no criminal charges are warranted and outlines evidence involving classified materials and handwritten notebooks concerning national security and foreign policy.

LanguageEnglish

CategoryLetters

FormatPDF

Pages388

Reading Time2 h 16 min

AccessFree to download

Executive Summary

Chapters Overview

Chapter One: Legal Framework Governing Classified Information

Chapter Two: Overview of the Investigation

Chapter Three: Handling of Classified Information in the Office of the Vice President

Chapter Four: Mr. Biden’s Classified NoteCards and Notebooks

Chapter Five: Mr. Biden’s Second Book, Promise Me, Dad, and the Discovery of Classified Afghanistan Documents

Chapter Six: The Classified Afghanistan Documents

Chapter Seven: Tracing the Afghanistan Documents

Chapter Eight: Mr. Biden’s First Book, Promises to Keep, and the Classified Senate Documents in the Delaware Garage

Chapter Nine: Legal Standards

Chapter Ten: Historical Background

Chapter Eleven: Analysis of the Evidence—Classified Afghanistan Documents

Chapter Twelve: Analysis of the Evidence—Classified Notebooks

Chapter Thirteen: Analysis of Principles of Federal Prosecution Factors

Chapter Fourteen: Classified Documents Found at the Penn Biden Center

Chapter Fifteen: Classified Documents Found at the University of Delaware

Chapter Sixteen: Other Classified Documents Found in Mr. Biden’s Delaware Home

Chapter Seventeen: Deletion of Audio Recordings by Mark Zwonitzer, Mr. Biden’s Ghostwriter

Conclusion

Appendix A: Recovered Documents

Appendix B: Classification Review Results

Appendix C: Evidence Items

February 5,2024 The Attorney General of the United States # Re: Report of the Special Counsel on the Investigation Into UnauthorizedRemoval,Retention,and Disclosure of Classified Documents Discoveredat Locations Including the Penn Biden Center and the Delaware PrivateResidence of President Joseph R.Biden,Jr. Dear Attorney General Garland: Enclosed please find a “confidential report explaining the prosecution ordeclination decisions”I have reached,as required by 28 C.F.R.§600.8(c). As we previously discussed,at the request of the White House Counsel andpersonal counsel to President Biden (collectively,"counsel"),I agreed,with certainconditions including nondisclosure,to allow counselto review a draft of the report forpurposes of determining whether to assert any claim of privilege,and otherwiseproviding comments to the Special Counsel's Office.Counsel reviewed a draft of thereport on February 3 and 4,2024. Earlier today,counsel submitted to my office the enclosed letter.Afterreviewing their letter,my team and I corrected the following minor errors: ·The draft report stated that“[w]e reviewed the materials that were deemedto be classified at the Top Secret/Sensitive Compartmented Informationlevel when the National Security Council conducted prepublication reviewfor the Reagan Diaries."Draft Report n.811.We have amended thatsentence by adding"some of"after the word“reviewed." ·In Chapter Twelve,the draft report cited Chapter Four in a footnote.DraftReport n.892.We have amended that footnote to read“See id.;NARAArchivist 1 Tr.at 56-59,77-78,81-82,93-94,122-23." ·The draft report included a section heading that read,“MARKEDCLASSIFIED DoCUMENT IN SECOND-FLOOR OFFICE."Draft Report at 333.We have amended that heading to read,“MARKED CLASSIFIED DoCUMENTIN THIRD-LEVEL DEN.” February 5,2024 Page 2 My team and I also corrected several typographical errors that we identifiedon our own,and we removed a watermark and headers that designated the documentas a confidential draft. After reviewing the draft report,the relevant intelligence agencies haveidentified no content that is classified or otherwise unfit for public disclosure.TheWhite House Counsel has not conveyed to me the President's decisions as toassertions of executive privilege;I understand that the White House Counsel willconvey such decisions to you directly. Thank you for allowing the Special Counsel's Office to conduct ourinvestigation independently and for supporting us with the necessary resources. I am extraordinarily grateful for the thorough,careful,and diligent work of theDepartment of Justice employees who worked on this matter.I am deeply honored tohave served with them. Respectfully, Special Counsel Enclosures:ReportLetter from counsel # Report on the Investigation Into Unauthorized Removal,Retention,and Disclosure ofClassified Documents Discovered at LocationsIncluding the Penn Biden Center and theDelaware Private Residence ofPresident Joseph R.Biden,Jr. Special Counsel Robert K.Hur Submitted pursuant to 28 C.F.R.§600.8(c) Washington,D.C. February 2024 TABLE OF CONTENTS EXECUTIVE SUMMARY……………………………………………………………………………………………………………………………………1 CHAPTER ONE:LEGAL FRAMEWORK GOVERNING CLASSIFIED INFORMATION…………………15 CHAPTER Two:OVERVIEW OF THE INVESTIGATION………………………………………………………………………19 CHAPTER THREE:HANDLING OF CLASSIFIED INFORMATION IN THE OFFICE OF THE VICE PRESIDENT………………………………………………………………………………………………………………………………………………33 CHAPTER FOUR:MR.BIDEN’s CLASSIFIED NoTECARDS AND NOTEBOOKS…………………………53 CHAPTER FIVE:MR. BIDEN's SECOND BoOK, PROMISE ME,DAD,AND THE DISCOVERY OF CLASSIFIED AFGHANISTAN DoCUMENTS………………………………………………………………………………………95 CHAPTER SIX:THE CLASSIFIED AFGHANISTAN DoCUMENTS…………………………………………………16 CHAPTER SEVEN:TRACING THE AFGHANISTAN DoCUMENTS…………………………………………………150 CHAPTER EIGHT:MR. BIDEN'S FIRST BoOK, PROMISES TO KEEP,AND THE CLASSIFIED SENATE DoCUMENTS IN THE DELAWARE GARAGE ……………………………………………170 CH

FAQs

What prosecution outcome does the executive summary state for this matter?

The document concludes that no criminal charges are warranted. It states the same conclusion would apply even without policy limits on charging a sitting president.

What evidence did the investigation uncover?

The investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency while he was a private citizen. It includes marked classified documents related to Afghanistan, and notebooks with handwritten entries about national security and foreign policy.

What amendments were made to the draft report before submission?

Counsel and the Special Counsel’s team corrected minor issues, including adjusting language about prepublication review, amending a footnote reference in Chapter Twelve, and changing a section heading about a marked classified document in an office location.

Oct 13, 2026

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