No charges were filed against Biden after a Special Counsel investigation into the mishandling of classified documents.
Special Counsel Robert Hur gathered proof that Biden intentionally kept and made public classified information.
Special Counsel Robert Hur will not recommend criminal charges against President Biden for mishandling classified documents, according to his report after a months-long investigation into the president's alleged improper retention of classified records.
Since last year, Hur has been probing into Biden's unlawful preservation of classified records. These documents contained sensitive information about military and foreign policy in Afghanistan, as well as other records pertaining to national security and foreign policy, according to Hur.
"The report concludes that no criminal charges are necessary in this matter, even if the Department of Justice policy did not prohibit charging a sitting president."
Read Special Counsel Robert Hur's complete report on Biden's classified documents: Part 1 and Part 2.
Biden was described by the special counsel as a "sympathetic, well-meaning, elderly man with a poor memory."
"In the report, Hur stated that Mr. Biden would likely present himself to a jury as a sympathetic, well-meaning, elderly man with a poor memory during trial, as he did during the interview. Based on direct interactions and observations, Hur believed that many jurors would want to identify reasonable doubt, making it difficult to convince them to convict him of a serious felony that requires a mental state of willfulness."
Biden's private citizen status was revealed by But Hur's investigation, which uncovered evidence that he willfully retained and disclosed classified materials.
The documents included "classified military and foreign policy information about Afghanistan, as well as Mr. Biden's handwritten notes regarding national security and foreign policy matters involving sensitive intelligence sources and methods."
FBI agents retrieved the materials from various locations in Mr. Biden's Wilmington, Delaware residence, including garages, offices, and a basement den.
According to But Hur, the evidence does not prove Mr. Biden's guilt beyond a reasonable doubt.
"Based on the aggravating and mitigating factors outlined in the Department of Justice's Principles of Federal Prosecution, the report concludes that the prosecution of Mr. Biden is unwarranted. As a result, we have decided not to pursue legal action against him."
On Feb. 5, Hur submitted his report to the White House, which had the chance to review it for privilege but did not request any redactions. The report was then sent to Congress on Thursday afternoon.
The Biden campaign reportedly feared that damning photos included in a report could negatively affect his 2024 re-election bid.
The Penn Biden Center think tank in Washington, D.C., discovered classified records on November 2, 2022, which were later made public in early January 2023.
In December, a second set of classified documents was discovered in the garage of the president's home in Wilmington. This information was made public earlier this month, leading Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur as special counsel.
Newly discovered classified documents were found in the president's Delaware home, prompting an extensive 12-hour search by the FBI.
Biden has defended the storing of classified documents in the past.
He mentioned that his Corvette was in a locked garage, so it wasn't visible on the street.
After the Special Counsel released the report, Biden stated that he was "pleased to see they reached the conclusion I believed all along they would reach – that there would be no charges brought in this case and the matter is now closed."
Biden fully cooperated with the investigation, which spanned over 40 years, even during the 1970s when he was a young Senator. He did not obstruct or delay the process in any way. In fact, he was so committed to providing the Special Counsel with the necessary information that he agreed to five hours of in-person interviews on October 8th and 9th of last year, despite the ongoing international crisis and the recent attack on Israel on October 7th. Biden believed it was his duty to the American people to ensure that no charges would be brought and the matter would be resolved.
Throughout my career in public service, I have consistently prioritized safeguarding America's security. My dedication to this matter is unwavering, and it has never been called into question.
On Nov. 18, 2022, Jack Smith was appointed as special counsel by Garland to investigate whether Trump had improperly retained classified records at Mar-a-Lago.
At the same time that Smith was appointed to investigate Trump, Garland and top DOJ officials were conducting an internal review of Biden's mishandling of classified records. This review and the discovery of classified records at Biden's office were not made public until January.
The Justice Department was criticized by Republicans and allies of former President Trump for applying a double standard.
Smith's investigation led to 37 felony charges against Trump, which include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump pleaded not guilty to all charges.
Trump, the 2024 GOP front-runner, was charged with three additional counts as part of a superseding indictment from Smith's investigation, including an additional count of willful retention of national defense information and two obstruction counts. Trump pleaded not guilty.
That trial is set to begin on May 20, 2024.
Earlier this week, Axios learned from Biden's aides that they are concerned that Trump's campaign may use the photos against the Democrat incumbent in their potential 2024 rematch.
The Biden team was accused by Anthony Coley, a former senior adviser to Garland, of slow-walking discovery in the president's classified records case, in contrast to the handling of the Trump probe.
The discovery of classified documents by former President Trump's legal team made the Biden team's slow release of information seem even more damaging, according to an op-ed.
Reports indicated that the Biden campaign was worried about potentially embarrassing photos that might be included in Hur's report, which was expected to be released this week.
The campaign was worried that the images would reveal how Biden handled classified materials during his time as Obama's vice president.
Biden was interviewed by Hur at the White House for two days, according to the White House, which stated that the meeting was voluntary.
James Comer, the House Oversight Committee Chairman and co-leader of the impeachment inquiry against President Biden, initiated an investigation last year into whether the classified documents Biden retained contained information about specific countries or individuals with financial ties to the Biden family or their companies.
Biden's classified materials were questioned by Comer, who requested a list of countries named in any documents with classification markings found in Penn Biden Center, Biden's residence, including the garage, in Wilmington, Delaware, or elsewhere; as well as a list of all individuals named in those documents with classification markings; and all documents found with classified markings.
It is unclear if Hur cooperated with Comer's request.
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