Special Counsel Robert Hur will not charge President Joe Biden for mishandling classified documents, citing the difficulty of proving willfulness due to Biden’s “significantly limited” memory.
The report highlights examples of Biden’s memory limitations, including his inability to recall key events such as his son’s death and his time as vice president.
Hur wrote, “We have also considered that, at trial, Mr. Biden 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.”
Photos of Biden's classified docs in Hur report: "Among the places Mr. Biden’s lawyers found classified documents in the garage was a damaged, opened box containing numerous hanging folders, file folders, and binders. The box…was in a mangled state," pic.twitter.com/3D1AmWy0xA
— Jacqui Heinrich (@JacquiHeinrich) February 8, 2024
“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,” he continued.
Despite the decision not to prosecute, the report raises concerns about Biden’s handling of classified materials, including finding them in a damaged state in his garage and evidence of disclosing classified information to a ghostwriter.
“Mr. Biden’s memory also appeared to have significant limitations,” wrote Hur.
Hur discovered that “He did not remember, even within several years, when his son Beau died.”
Hur explained, “Among the places Mr. Biden’s lawyers found classified documents in the garage was a damaged, opened box containing numerous hanging folders, file folders, and binders. The box…was in a mangled state.”
These revelations coincide with ongoing questions about Biden’s mental state.