WASHINGTON — Special Counsel Robert Hur has declined to prosecute President Joe Biden for his handling of classified documents, citing serious risks to national security in his practices. Despite finding evidence that Biden retained and disclosed classified materials after his vice presidency, the report did not establish his guilt beyond a reasonable doubt.
Biden expressed relief at the conclusion, stating that he cooperated fully and sought no delays during the investigation. The report highlighted Biden’s limited memory during interviews, raising concerns about his ability to present himself as a sympathetic elderly man with a poor memory to a jury.
Hur’s report also outlined Biden’s significant memory lapses, referencing his trouble recalling when he was vice president and the timing of his son Beau’s death. Defenders of the president pointed out the timing of the interview in the wake of an international crisis, while Biden himself emphasized the differences between his case and that of Donald Trump.
Biden’s personal counsel disputed the report’s characterization of the president’s memory, stating that it used highly prejudicial language to describe a lack of recall of years-old events. Despite disagreements with the report, the White House expressed satisfaction with the conclusion and the absence of criminal charges.
Hur’s report made clear distinctions between the potential case against Biden and the pending case against Trump, emphasizing Biden’s cooperation with the investigation compared to Trump’s alleged disregard for returning classified documents. The report also delved into the specifics of the classified materials involved in the investigation, including documents related to Afghanistan from early in Barack Obama’s presidency.
The announcement marks the end of a lengthy saga that began in November 2022 after classified documents were found at the Penn Biden Center for Diplomacy and Global Engagement, used as a personal office by Biden after his vice presidency. Attorney General Merrick Garland had appointed Hur as special counsel to oversee the investigation into Biden, which included an interview of the president in October.
With Hur’s announcement, Donald Trump remains the only president in history to face criminal charges, including seven charges in connection with mishandling classified documents. Ryan J. Reilly, Ken Dilanian, Megan Lebowitz, and Michael Kosnar contributed to this article.