A special counsel report released Thursday states that President Joe Biden “willfully retained and disclosed” classified documents as a private citizen after his tenure as vice president. However, prosecutors concluded that there wasn’t enough evidence to pursue criminal charges against him.
In a comprehensive 345-page report submitted to the Justice Department, Special Counsel Robert Hur detailed evidence suggesting that Biden mishandled classified information following his departure from the Obama administration, prior to assuming the presidency. Despite these findings, Hur stated that there wasn’t sufficient evidence “to establish Mr. Biden’s guilt beyond a reasonable doubt.”
“We conclude that no criminal charges are warranted in this matter,” Hur asserted in the report.
Hur emphasized that even without the Department of Justice’s policy of not charging sitting presidents, investigators would have arrived at the same conclusion.
While clearing Biden of criminal wrongdoing, the report portrayed his handling of classified documents unfavorably. It revealed that Biden kept notebooks containing classified information in “unsecured and unauthorized spaces” at his rented Virginia home and Delaware residence after leaving the vice presidency.
Biden used some of the information from these notebooks in his 2017 memoir, co-written with a ghostwriter. Notably, some classified documents related to the war in Afghanistan and the Obama administration’s decision to increase troops. Investigators found that Biden kept these notes to document his opposition to the troop surge, believing history would vindicate him.
Despite acknowledging that Biden “willfully retained” classified information, prosecutors cited factors diminishing the likelihood of a guilty verdict. These factors included Biden’s limited memory during interviews related to his memoir and the special counsel investigation. Moreover, Biden’s cooperation with the investigation was highlighted.
Biden addressed his cooperation in a speech to House Democrats, emphasizing his complete cooperation during interviews in October 2023. Special Counsel to the President Richard Sauber affirmed Biden’s commitment to protecting classified information.
The report also speculated that jurors would struggle to convict Biden, given his advanced age and the sympathetic portrayal he would likely present in court.
Hur’s decision not to pursue charges against Biden may impact former President Donald Trump’s legal challenges. Trump, facing charges related to classified documents, sees Biden’s clearance as grounds for dropping charges against himself.
