Biden 'Retained And Disclosed Classified Materials' But Will Not Be Charged

By Bill Galluccio

February 8, 2024

President Biden Urges Congress To Pass The Emergency National Security Supplemental Appropriations Act
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Special Counsel Robert Hur has wrapped up his investigation into President Joe Biden's handling of classified documents and will not file charges.

The decision comes despite evidence showing that Biden "willfully retained and disclosed classified materials after his vice presidency when he was a private citizen."

Hur said that the evidence "does not establish Mr. Biden's guilt beyond a reasonable doubt" and suggested that if the case went to trial, Biden would portray himself "as a sympathetic, well-meaning, elderly man with a poor memory" to the jury.

"Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. 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."

Hur also noted differences between this investigation and the one that former President Donald Trump is facing for his handling of classified documents after leaving office.

"Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite." Hur wrote. "According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it."

"In contrast, Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview, and in other ways cooperated with the investigation."

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