Materials that could be classified include military plans, foreign government information or scientific, technological or economic matters relating to national security, according to the order. The Washington Post also reported vice presidents have the authority to declassify anything they classified. The New York Times similarly reported that the vice president has the power to declassify, while noting the scope of that authority 'has never been definitively tested.' McClanahan, who also teaches at the George Washington University Law School, said that under a 2009 executive order signed by Obama, the vice president is included in a list of 'original classification authorities,' meaning Biden had the power declassify anything he classified. The Instagram reel provides no evidence to support the claim, as the Fox News clip does not make this assertion.

The claim that Biden did not have the authority to declassify documents as vice president is “complete nonsense,” Kel McClanahan, executive director of National Security Counselors, a public-interest law firm, told USA TODAY in an email. The revelation has prompted comparisons between Biden's case and the discovery of classified records at former President Donald Trump’s Mar-a-Lago estate in August 2022.īut this claim is wrong about the nature of Biden's classification power. and in the garage of one of his Delaware homes. House Republicans are launching an investigation after Biden’s attorneys found classified documents dating back to his years as vice president at his private office in Washington D.C. Biden had the authority to declassify documents as vice president Legal experts told USA TODAY that Biden had the authority to declassify documents as vice president as the result of a 2009 executive order signed by President Barack Obama. The post generated nearly 7,000 likes in less than a week.įollow us on Facebook! Like our page to get updates throughout the day on our latest debunks Our rating: False So why were these documents in his possession?' Only the President can declassify, classified documents, not the Vice President. 'Biden did NOT have the authority to declassify documents that were classified in his position of Vice President during the Obama administration. 'This Clown show is going to need a bigger tent,' reads the post's caption. 12 Instagram reel ( direct link, archived link) shows a clip of President Joe Biden answering a question from Fox News' Peter Doocy about a batch of classified documents that were found at Biden's home. Watch Video: Biden 'cooperating' with National Archives after classified docs found The claim: Biden did not have the authority to declassify documents as vice presidentĪ Jan.

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