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The final report from the special counsel investigating President Joe Biden’s handling of classified documents has finally been released. After nearly 13 months since Attorney General Merrick Garland appointed Robert Hur as the special counsel to lead the inquiry, the findings are out.
Hur's exhaustive report on President Joe Biden’s management of classified materials concludes that no actionable offenses were committed. However, the report does shed light on several troubling aspects that could pose political hurdles for Biden.
The report portrays a concerning image of Biden’s memory, revealing that he struggled to recall details such as the date of his son’s passing or his tenure as Vice President during interviews with the special counsel.
“Mr. Biden’s recollection was notably impaired, both during his recorded discussions with the ghostwriter in 2017 and during our office's interview in 2023. His level of cooperation with our investigation, including his disclosure to the government about the Afghanistan documents stored in his Delaware garage, may lead some jurors to believe he made an innocent error rather than deliberately breaking the law, as required by the statute,” the report outlined.
WATCH:
The Special Counsel acknowledged that Biden may have violated legal statutes, potentially amounting to a felony, but cited his advanced age and cognitive challenges as factors against pursuing accountability.
“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.”
“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.
Mr. Biden’s memory also appeared to have significant limitations at the time he spoke to Zwonitzer in 2017, as evidenced by their recorded conversations, and today, as evidenced by his recorded interview with our office. Mr. Biden’s recorded conversations with Zwonitzer from 2017 are often painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries.
In his interview with our office, Mr. Biden’s memory was worse. He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (“if it was 2013 – when did I stop being Vice President?”), and forgetting on the second day of the interview when his term began (“in 2009, am I still Vice President?”). He did not remember, even within several years, when his son Beau died.
And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he “had a real difference” of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama.”
“Third, as discussed to some extent above, Mr. Biden will likely present himself to the jury, as he did during his interview with our office, as a sympathetic, well-meaning, elderly man with a poor memory. While he is and must be accountable for his actions-he is, after all, the President of the United States-based on our direct observations of him, Mr. Biden is someone for whom many jurors will want to search for reasonable doubt. It would be difficult to convince a jury they should convict him by then a former president who will be at least well into his eighties-of a serious felony that requires a mental state of willfulness.”
“For these jurors, Mr. Biden’s apparent lapses and failures in February and April 2017 will likely appear consistent with the diminished faculties and faulty memory he showed in Zwonitzer’s interview recordings and in our interview of him. Therefore, we conclude that the evidence does not establish that Mr. Biden willfully disclosed national defense information to Zwonitzer.”
“When interviewed by FBI agents, Moore believed the small closet was initially locked and that a Penn Biden Center staff member provided a key to unlock it, but his memory was fuzzy on that point.”
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