BREAKING: Biden's DOJ says evidence shows President 'willfully' withheld classified docs—but he will not be prosecuted

The special counsel's report said Biden's memory "was significantly limited" during the 2023 interviews with Hur.


Special Counsel Robert Hur has decided not to prosecute President Joe Biden despite there being evidence that the president "willfully retained and disclosed classified materials" in the case.

"Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," the report said, according to a 388-page long US Department of Justice release from Thursday.

Hur added that the evidence "does not establish Mr. Biden's guilt beyond a reasonable doubt" and cites factors relating to Biden's memory in particular. 

Biden’s memory, Hur’s report claimed, “was significantly limited” during his 2023 interviews with the special counsel.

"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," the report from Hur stated. "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."

In one point of the report, Hur documents a conversation that Biden had with a ghost writer, Mark Zwonitzer, to work on a memoir about his time in office. Reporting this as part of the case, Hur wrote that "Biden's memory also appeared to have significant limitations — both 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."

Recalling the interview with Hur's office, the report continued, "In his interview with our office, Mr. Biden's memory was worse. He did not remember when he was vice president." Biden, according to the report, forgot when he became vice president as well as when his term ended.

Biden also did not remember within several years of when his son Beau passed away, according to the report from Hur.

The report addressed the classified documents and their placement in the president’s garage by his Corvette when they were found.

Hur reported, “We also expect many jurors to be struck by the place where the Afghanistan documents were ultimately found in Mr. Biden's Delaware home: in a badly damaged box in the garage, near a collapsed dog crate, a dog bed, a Zappos box, an empty bucket, a broken lamp wrapped with duct tape, potting soil, and synthetic firewood.”

In the same box, FBI agents found photos of Beau as well as other documents of personal importance to the president. 

One of the three defenses that Hur listed as a possible position for Biden in the classified documents case is that Biden "could have found the classified Afghanistan documents at the Virginia home in 2017 and then forgotten about them soon after." 

"This could convince some reasonable jurors that he did not willfully retain them," Hur added. 

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