WASHINGTON — Special counsel Robert Hur has declined to prosecute President Joe Biden for his handling of classified documents but said in a report released Thursday that Biden’s practices “present serious risks to national security” and added that part of the reason he wouldn't charge Biden was that the president could portray himself as an "elderly man with a poor memory" who would be sympathetic to a jury.
“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, but added that the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt.”
The report from Hur — who previously appointed by former President Donald Trump as one of the country's top federal prosecutors — also made clear the "material distinctions" between a theoretical case against Biden and the pending case against Trump for his handling of classified documents, noting the "serious aggravating facts" in Trump's case.
Biden said in a statement after the report became public 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,” adding that he “cooperated completely, threw up no roadblocks, and sought no delays.”
Hur’s report included several shocking lines about Biden’s memory, which the report said “was significantly limited” during his 2023 interviews with the special counsel. Biden’s age and presentation would make it more difficult to convince a jury beyond a reasonable doubt that the now-81-year-old was guilty of willfully committing a crime.
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