The final report from the special counsel probing President Joe Biden’s management of classified documents has been issued. The conclusion arrives almost 13 months following the appointment of Robert Hur as the special counsel by Attorney General Merrick Garland to oversee the investigation.
Hur’s comprehensive report on President Joe Biden’s mishandling of classified materials has determined that no chargeable offenses were committed. However, the report highlights several facets that are expected to present political challenges for Biden.
The report paints a dim picture of Biden’s memory, claiming that he could not remember details such as the date of his son’s death or his own term as Vice President during special counsel interviews.
“Mr. Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likely convince some jurors that he made an innocent mistake, rather than acting willfully-that is, with intent to break the law-as the statute requires,” the report stated.
If Joe Biden is not mentally fit to stand trial, then he certainly isn’t mentally fit to be President of the United States.
It’s time to do something about it. https://t.co/l8usJaYDSL
— Rep. Marjorie Taylor Greene🇺🇸 (@RepMTG) February 8, 2024
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.”
🚨 BREAKING: Photos reveal boxes of classified documents Joe Biden stored in his Garage pic.twitter.com/XYp006dI1Y
— Benny Johnson (@bennyjohnson) 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.
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.”