Joe Biden took classified documents while he was a senator.
Posted by The Charlie Kirk Show, Checked
- Sources
- 4 support2 context
- Said
- 1 time·
- Confidence
- 90%
The Charlie Kirk ShowJul 30, 2026
Multiple tier1 sources report that special counsel Robert Hur's investigation found classified documents from Joe Biden's time as a U.S. senator, found at his Delaware home and a private office, and that Biden retained them. The sources describe retention rather than the act of taking, and the claim's unlawfulness framing is not graded.
What was said
… over that process, and I'd also argue that, even if he had not issued preexisting orders, orally or in writing, to declassify, that by taking the documents with him, he declassified them by course of conduct, right, just by the act of taking them with him. But Joe Biden, when he takes documents when he's a senator, that's just flatly unlawful. He can't declassify if he takes them as a vice president. He doesn't have any inherent authority as the vice president to declassify. It's possible that Obama could have delegated declassification powers to him, but there's no evidence that that happened. …
The Charlie Kirk Show · · from the transcriptPost →What we found
Supports. The AP report (via PBS) says Biden 'willfully' retained and disclosed highly classified materials, and that the Hur investigation covered improper retention of classified documents from his time as a senator and as vice president.[3]
Supports. AP reporting on the Hur investigation says the classified documents were improperly retained by Biden from his time as a U.S. senator and vice president, and were found at his Delaware home and a private office.[1]
Supports. Biden's attorney's January 2023 statements and White House accounts describe FBI searches that turned up classified documents from Biden's time as a senator, as well as vice president.[4][5]
Context. The Hur report found no criminal charges warranted, citing evidence problems; this does not dispute that the documents were in Biden's possession from his Senate tenure.[2][6]
Sources
6 sources: 2 fact-checkers, 1 tier 2, 3 not rated
- 1Biden interviewed as part of the special counsel investigation into ...apnews.com · fact-checker · cited for: supports
- 2FactChecking Biden's NBC News Interview - FactCheck.orgfactcheck.org · fact-checker · cited for: context
- 3Biden 'willfully' disclosed classified materials, but no ...pbs.org · tier 2 · cited for: supports
- 4More Biden documents found after DOJ searches his Delaware homecitizen-times.com · not rated · cited for: supports
- 5White House says DOJ had ‘unprecedented access’ to Biden home during search • New Jersey Monitornewjerseymonitor.com · not rated · cited for: supports
- 6Biden won't face charges after retaining classified documents from days as VP, senator | CBC Newscbc.ca · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- Joe Biden took classified documents while he was vice president.True
- Joe Biden did not have the legal authority to declassify documents while serving as a senator or vice president.False
- Joe Biden disclosed national security information to his ghostwriter Mark Zwonitzer.True
- Joe Biden referenced classified information located at his Virginia home in tapes recorded in 2016 and 2017.True
- Robert Hur identified evidence that Joe Biden willfully retained classified materials after his vice presidency.Can’t tell