The classified documents scandal – what we know

Donald Trump
Joe Biden
Mike Pence

How many documents were found?

Trump More than 11,000, including about 300 marked classified or top secret, in almost 50 boxes also containing photographs.
Biden Fewer than 12, sources say. Biden lawyers state “a small number” of documents at one location, six more at another.
Pence About a dozen classified-marked documents, among other papers stored in four boxes.

Where?

Trump In a locked basement storage area and personal office at Trump's Mar-a-Lago resort in Florida.
Biden In a locked closet at an office in the Penn Biden Center in Washington DC, and Biden's home in Delaware.
Pence In an "unsecure" area of Pence's residence in Indiana.

How were they found?

Trump The National Archives realized records were missing and asked Trump to return them. He didn't comply. So the FBI searched Mar-a-Lago to find them.
Biden While clearing the Penn office, Biden's team found some documents, prompting them to search his home. They voluntarily notified the National Archives and justice department.
Pence Pence hired outside counsel "with experience in handling classified documents" to review records in the boxes following discovery of Biden papers.

What happened to the documents?

Trump Trump sued for an independent review, eventually dismissed. The justice department is now reviewing the papers in a criminal inquiry into Trump's handling of them.
Biden The Penn Biden Center documents were returned to federal authorities. A justice department official at Biden's home took immediate possession of documents found there.
Pence They were placed in a locked safe until collected by the FBI, which in turn handed them to the justice department.

What's in the documents?

Trump A mix of classified and unclassified documents, reportedly including an unidentified foreign power’s nuclear and military capabilities.
Biden Not yet public. The papers are currently under justice department review.
Pence Not yet public. The papers are currently under justice department review.

Who is investigating?

Trump Jack Smith, independent special counsel appointed by attorney general Merrick Garland.
Biden Robert Hur, former Trump-appointed US attorney acting as special counsel, as well as the Republican-led House judiciary committee.
Pence Justice department and FBI are "reviewing" the episode. No special counsel yet appointed.

Possible charges?

Trump Trump could be charged with obstruction for wilfully delaying the documents' return. Smith will also look at possible purposeful mishandling of government secrets.
Biden Charges typically require wilful intent and there is no evidence Biden knew the documents were there. The justice department also has a decades-old rule that a sitting president cannot be indicted.
Pence Pence insists he was unaware of the documents' existence. As with Biden, there appears to be no wilful intent that could lead to charges.
Guardian graphic. Last updated 25 January 2023.