The Justice Department appointed Special Counsel Robert Hur to investigate President Biden’s handling of classified materials after his vice presidency, the result being an “elderly man with a poor memory.”
The investigation aimed to determine if Biden had improperly retained classified documents and violated national security protocols. The special counsel’s report revealed that President Biden had carelessly handled classified materials found at his home and former office.
These materials included sensitive intelligence sources and methods, posing potential risks to national security.
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However, according to Hur, the evidence was insufficient to warrant criminal charges against Biden.
“Mr. Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likely convince some jurors that he made an innocent mistake, rather than acting willfully-that is, with intent to break the law-as the statute requires,” said the report.
“We have also considered that, at trial, Mr. Eiden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory. Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness,” said Hur in the report.
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While the investigation did not result in criminal charges against the president, the special counsel’s characterization of President Biden as a forgetful old man has drawn criticism.
Republicans and some Democrats are likely to use this stinging portrayal to their advantage, potentially impacting public perception of the president’s competence and ability to lead.
Former President Donald Trump responded publicly to the decision.
“THIS HAS NOW PROVEN TO BE A TWO-TIERED SYSTEM OF JUSTICE AND UNCONSTITUTIONAL SELECTIVE PROSECUTION! The Biden Documents Case is 100 times different and more severe than mine. I did nothing wrong, and I cooperated far more. What Biden did is outrageously criminal – He had 50 years of documents, 50 times more than I had, and “WILLFULLY RETAINED” them. I was covered by the Presidential Records Act, Secret Service was always around, and GSA delivered the documents. Deranged Jack Smith should drop this Case immediately. ELECTION INTERFERENCE,” said Trump in a statement.
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