Special counsel Robert Hur has declined to prosecute President Biden for his handling of classified documents, but said Biden's practices "present serious risks to national security," & added that Biden portrayed himself as an "elderly man with a poor memory."
“Our investigation found evidence indicating that President Biden knowingly possessed and disclosed classified information after his tenure as vice president when he was a private citizen,” the report stated. However, it clarified that the evidence "does not establish Mr. Biden’s guilt beyond a reasonable doubt."
Hur’s report, appointed by former President Donald Trump as one of the nation's top federal prosecutors, also highlighted the "substantial differences" between a hypothetical case against Biden and the ongoing case against Trump for mishandling classified documents, citing the "significant aggravating circumstances" in Trump's situation.
Following the report's release, Biden issued a statement expressing his satisfaction with the conclusion, stating that he had always believed there would be no charges brought in the case and that it is now closed. He emphasized his full cooperation throughout the investigation, with no attempts to impede or delay the process.
Hur’s report contained several startling remarks about Biden’s memory, noting that it was "significantly impaired" during his 2023 interviews with the special counsel. Biden's age and demeanor would likely pose challenges in persuading a jury beyond a reasonable doubt of the now-81-year-old's guilt of willful wrongdoing.
"We also took into account that, during a trial, Mr. Biden would likely present himself to a jury, as he did during our interview with him, as a sympathetic, well-intentioned elderly man with memory issues," the report stated. "Based on our direct interactions and observations, many jurors may harbor doubts about his culpability. Convincing a jury to convict him — a former president well into his eighties — of a serious felony requiring willful intent would be challenging."
Further in the report, the special counsel remarked that the president’s memory during his interview was "worse" than recorded conversations from 2017.
"He could not recall basic details of his vice presidency, initially forgetting when his term ended ('Was it 2013? When did I stop being Vice President?'), and later, on the second day of the interview, when his term began ('In 2009, am I still Vice President?')," the report noted.
Biden also struggled to recollect the timing of his son Beau’s passing and a discussion regarding Afghanistan, the report added.
"Even within a span of several years, he could not recall when his son Beau passed away," the report highlighted.
