WASHINGTON – Special Counsel Robert Hur declined to indict President Joe Biden over his handling of classified documents, but said in a report released Thursday that Biden's actions were “critical to national security.” He added that part of the reason for not indicting Biden was whether the president could portray himself to jurors as a sympathetic “old man with a bad memory.”
“Our investigation found evidence that President Biden intentionally retained and disclosed classified materials while he was a civilian after becoming vice president,'' the report said, adding that the evidence was “reasonably It does not prove Mr. Biden's guilt beyond a reasonable doubt.”
The report by Mr. Hsu, who was previously appointed by former President Donald Trump as one of the nation's top federal prosecutors, also includes a theoretical case against Mr. Biden and a pending case against Mr. Trump over his handling of classified documents. It also clarified the “significant difference” between the two, pointing out the following: A “serious situation” in Trump’s case.
“I'm glad to see they reached the conclusion they believed they would reach, which is that there will be no charges in this case and that the matter is closed,” Biden said in a statement after the report was released. ” and added. He “cooperated fully, posed no obstacles, and asked for no delays.”
Ho's report includes some shocking statements about Biden's memory, which the report says was “significantly limited” in his 2023 meeting with the special counsel. Given Biden's age and demeanor, it will be even more difficult to convince a jury beyond a reasonable doubt that the now 81-year-old committed the crime intentionally.
“At trial, we believe Mr. Biden will likely appear before the jury as a sympathetic, well-meaning, elderly man with a poor memory, just as he was when we interviewed him,” the newspaper said. Ta. “Based on our direct interactions with and observations of him, he is someone many jurors would want to have a reasonable doubt about.” It would be difficult to convince a jury that a person should be convicted of a serious felony that requires a state of mind.”
Later in the report, the special counsel said his memory during the meeting with the president was “worse” than in the recorded conversation in 2017.
“He doesn't remember when he was vice president, and he forgets the first day of the interview when his term ended (“If it was 2013, when did you stop being vice president?”), and the second day of the interview. I forgot it in my eyes. When his term began ('2009, will I still be vice president?'),'' the report states.
The report said Biden also had difficulty remembering the timing of his son Beau's death and the content of the debate on Afghanistan.
“He could not remember when his son Beau had died, even within a few years,” the report states.
Defenders of the president were quick to point out that he was present at a news conference days after Hamas's Oct. 7 attack on Israel. Biden appeared to nod to this in his pre-planned remarks Thursday, saying, “I was in the middle of dealing with an international crisis.”
He also added that he was “particularly pleased” that the special counsel “revealed the clear differences between this case and Donald Trump.”
Andrew Wiseman, a member of Robert Mueller's special counsel team, said on MSNBC Thursday that Ho's decision to criticize Biden's memory loss was “unwarranted” and that former FBI Director James Comey He said it reminded him of when he held a press conference criticizing Hillary Clinton during the presidential election. Months before the 2016 election.
“This is unclaimed. And yet people go out and express their opinions using adjectives and adverbs about what they think, which is completely inappropriate,” he said. “A really fair criticism of this is that, unfortunately, it's twofold in that it doesn't live up to what we saw with James Comey at the FBI and what I think is the highest ideals in terms of Hillary Clinton. I think that means that it has become “the Department of Justice.'' ”
Biden's personal lawyers, Richard Sauber and Bob Bauer, wrote in a letter Monday to Hur and his deputy special counsel how the report characterizes the president's memory. objected to.
“We do not believe that the treatment of President Biden's memory report is accurate or appropriate,” Sauber and Bauer said in a letter also released Thursday. “The report uses very prejudicial language that describes an event that is common among witnesses: an inability to remember events that occurred many years ago.”
Separately, Sauber responded to the report, saying the White House was “satisfied” with the conclusion and that no criminal charges were filed.
“As the special counsel's report acknowledges, the president has cooperated fully from day one,” he said in a statement. “His team immediately self-reported any classified documents that were discovered and ensured that these documents were immediately returned to the government because the president knows that's where they are.”
Sauber appears to continue to criticize the report, but did not make any specific points.
“We disagree with the many inaccurate and inappropriate comments contained in the special counsel's report,” Sauber said in a statement. “Nevertheless, the most important decision made by the special counsel – that the charges are not warranted – is firmly based on the facts and evidence.”
Mr. Xu's report said there were “obvious” significant differences between the potential case against Mr. Biden and the pending case against Mr. Trump, adding, “Unlike the evidence regarding Mr. Biden, Mr. The charges listed in the indictment will become evidence if proven.” make a serious situation worse. ”
Most notably, the report states that “after being given multiple opportunities to avoid prosecution by returning classified documents, Mr. Trump allegedly did the opposite.” In response, “Mr. Biden has cooperated with the investigation by submitting confidential documents to the National Archives and the Department of Justice, consenting to searches of multiple locations including his home, and responding to voluntary interviews.''
Part of the report focuses on documents related to Afghanistan from the early days of President Barack Obama's presidency. According to the report, in a recorded conversation with a ghostwriter in February 2017, about a month after Biden left office as vice president, Biden said, “I just found all the classified information downstairs. '' he is said to have said. In one recording, Mr. Biden said, “Some of this may be classified, so be careful,'' and Mr. Biden is believed to have been referring to this, but Biden disagreed.
The announcement came after one of Biden's personal lawyers discovered classified documents believed to be from the Obama administration at the Penn Biden Center for Foreign Affairs and Global Engagement, which Biden then used as his personal office. This brings to an end a long story that began in November 2022. His term as vice president has ended. Confidential documents were later discovered at Biden's home in Delaware.
The existence of classified documents in Biden's home and former office was first reported in January 2023. CBS News first reported the existence of the documents at the Penn Biden Center.
Attorney General Merrick Garland announced in January 2023 that he was appointing Mr. Ha as special counsel to oversee the investigation into Mr. He said he has been given the authority to investigate whether there are any.
Biden was questioned in October as part of the investigation, the White House said. White House press secretary Ian Sams said the interview was voluntary.
“As we have said from the outset, the President and the White House are cooperating with this investigation and are working on related matters as we deem appropriate and as transparently as possible to protect and maintain the integrity of the information.” “We have provided the public with the most up-to-date information on the matter. The investigation is ongoing,” Sams said at the time.
NBC News previously reported that the special counsel was also questioning Hunter Biden, according to a person familiar with the matter.
According to Mr. Xu's announcement, Donald Trump remains the only president in history to face criminal charges, including seven charges related to the mishandling of classified documents discovered at Mar-a-Lago. According to the indictment in the case, Trump kept more than 100 classified documents in his Florida home, including some marked “Top Secret.”