The prosecutor concludes that Biden intentionally withheld documents but will not charge him. Biden has been the subject of investigation since classified documents from the time he was Barack Obama's vice president.

The documents were found by Biden's lawyers in November and December 2022, and immediately delivered to the National Archives. Former President Donald Trump was also investigated for retaining official documents in his Florida mansion and was charged with 40 charges since he refused to hand them over for months. The number of documents in question in the Biden investigation is around 20, while Trump allegedly illegally withheld 300 documents, which had to be recovered by an FBI raid.