The report from Robert K Hur is expected in the coming days.
DOJ special counsel Jack Smith has brought charges, however, against Donald Trump for retaining classified documents after he left the presidency. Trump has stated that he was entitled to hold onto these documents due to the Presidential Records Act, which gives presidents the authority to designate documents for their personal use after leaving office. As VP, Biden had no claim to do the same. Trump was charged with 40 federal counts.
The report from Robert K Hur is expected in the coming days. Biden kept the documents in boxes in his garage in his Delaware home right near his Corvette as well as in other locations and offices. The Washington Post reports that while the report is expected, "prosecutors could decide to push it back."
Hur was appointed by Biden's attorney general Merrick Garland, who also appointed Smith. Biden was interviewed on the matter in the fall. Biden's aides told the Washington Post that "they believe the documents unintentionally ended up at Biden’s home and office because of sloppy staff work."
As for Trump, the DOJ alleges that he was "deliberately trying to mislead investigators as they demanded the government documents back." He faces federal prosecution and is scheduled to be tried for this in May.
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