Lawyers for President Biden found classified documents, some of them labeled "top secret", from his time as vice president that were improperly stored in an office closet at his DC think-tank. On Thursday, the president himself stunned reporters by admitting that other sensitive papers were found in the garage of his Wilmington, Delaware home, where he also keeps his classic Corvette. The first batch of documents was discovered six days before the mid-term elections, but the discovery was not made public until months later in January 2023, when it could no longer negatively affect Democrats in the election.

The discovery of the Biden documents is causing a bigger scandal because former President Trump is currently under criminal investigation for his removal of government documents from the White House when he left office, and then shipped the papers to his residence in his Mar-a-Lago club in Palm Beach. An FBI raid of Trump's resort in August 2022 found more than a hundred documents marked classified. Two Special Counsels are now looking into presidents' handling of government secrets.

Democrat Attorney General Merrick Garland announced that the Department of Justice (DOJ) is launching a Special Counsel, former Maryland US Attorney Robert Hur, to investigate Joe Biden's mishandling of top secret classified documents as Vice President of the United States. Critics are wary that Hur may be biased as he was a partner with FBI Director Chris Wray at the powerhouse law firm King & Spalding in 2015.