Biden's Actions: Lawful Or Unlawful?

President Joe Biden faced scrutiny for his handling of classified documents from his time as vice president, with some questioning if he broke the law. Special Counsel Robert Hur led an investigation and determined that Biden willfully retained and disclosed classified materials but decided not to pursue charges. This decision sparked debate, with critics pointing to Biden's age and memory, while others defended his cooperation with the investigation. The outcome stood in contrast to the prosecution of former President Trump for mishandling records, fueling discussions about a selective justice system.

Biden retained classified documents

In February 2024, Special Counsel Robert Hur released a report concluding that President Joe Biden "willfully" retained classified documents but that he would not face charges. The investigation, which lasted around a year, was launched in January 2023 after the discovery of classified documents from Biden's time as vice president in an old office space and at his Wilmington, Delaware, home.

The report stated that Biden "willfully retained and disclosed classified materials after his vice presidency when he was a private citizen," including "documents about military and foreign policy in Afghanistan" and "handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods." These documents were kept in an unlocked drawer and included a letter to then-President Obama opposing a troop surge in Afghanistan.

However, Hur determined that neither Biden nor his staff broke the law in removing the records, and that Biden would be difficult to convict. He cited Biden's cooperation with the investigation and his age, describing him as a "sympathetic, well-meaning, elderly man with a poor memory." Hur also noted that Biden returned the documents, in contrast to former President Donald Trump, who is facing charges for mishandling classified documents.

Biden pushed back against the report's characterisation of his memory, saying, "My memory is fine." He also took issue with the inclusion of his son Beau's death in the report, stating that it was unnecessary. The White House special counsel, Richard Sauber, also criticised the report, stating, "We disagree with a number of inaccurate and inappropriate comments in the Special Counsel's report."

The discovery of the classified documents sparked political controversy, with some Republican officials calling for investigations and drawing comparisons to the Trump document scandal. However, Democratic officials defended Biden, noting that he immediately notified the National Archives and returned the documents.

No charges were filed

The investigation focused on how classified documents from Biden's tenure as vice president ended up in an old office space and at his Wilmington, Delaware, home. The report noted that 90 documents and several notebooks were retrieved, with approximately 50 bearing classified markings. Among the documents were those pertaining to military and foreign policy in Afghanistan, including a memo to former President Obama opposing a troop surge.

Hur's report also addressed Biden's memory, describing it as "severely limited" during the investigation team's interview. Biden, however, refuted this characterisation, stating that his "memory is fine." The report acknowledged that Biden's recollection of certain events, such as the year his term as vice president began and ended, and the year his son Beau died, was hazy. Biden's lawyers attributed these memory lapses to the passage of time and argued that such comments were inappropriate for a Department of Justice report.

Despite concluding that Biden's actions presented "serious risks to national security," Hur maintained that the evidence did not establish Biden's guilt beyond a reasonable doubt. He noted that the context surrounding the documents, including their location and condition, would hinder a case of willful retention. Additionally, Hur considered the likelihood of juror sympathy towards Biden, portraying himself as "a sympathetic, well-meaning, elderly man with a poor memory."

The decision not to pursue charges against Biden stands in contrast to the situation involving former President Donald Trump, who faces multiple criminal charges related to his handling of classified documents at his Mar-a-Lago residence. Biden's case has sparked debate, with Trump and his allies alleging a "two-tiered system of justice" and criticising Biden's age, while Democrats point to Biden's cooperation as a key distinction between the two cases.

Biden's memory is called into question

Biden, in an angry rebuttal, refuted the claim that he had a poor memory, stating that his "memory was fine." He took issue with the inclusion of his son in the report, becoming emotional and stating that it was "not their damn business." Biden's lawyers also criticised the report, stating that memory lapses were not unusual for someone recalling events from years ago.

The report highlights a raw assessment of Biden's mental state, as he faces assertions on the campaign trail that he is too old to seek re-election. Biden's memory lapses raise concerns about his fitness for office and could impact his bid for another term.

While Biden maintains that his memory is fine, the report by Special Counsel Hur raises questions about his cognitive abilities and whether they are suitable for the demands of the presidency. The report's findings have sparked a debate about the role of memory and cognitive function in political leadership, with some arguing that it is a non-issue and others expressing concern over Biden's ability to lead effectively.

The investigation into Biden's handling of classified documents has brought his memory and cognitive abilities under scrutiny, leading to a larger conversation about the role of mental fitness in political office.

Biden's poor memory may have influenced the decision not to prosecute

While Special Counsel Robert Hur's investigation concluded that President Biden "willfully" retained and disclosed classified documents, no charges were filed. Hur's report described Biden as a sympathetic, well-meaning, elderly man with a poor memory, and stated that it would be challenging to convince a jury to convict him of a serious felony. This assessment of Biden's memory and its potential influence on the decision not to prosecute is detailed and significant.

Biden's memory was described as severely limited during his interview with Hur's prosecution team. The president could not recall the years his term as vice president began and ended, nor the year his son Beau died. This aspect of the report caused an angry rebuttal from Biden, who claimed his memory was fine. He also pushed back against the accusation that he had willfully kept the classified material, stating that it was "just plain wrong."

Biden's lawyers argued that his memory lapses were not unusual for someone recalling events from years ago and that such comments should not be included in a Department of Justice report. They also criticized Hur for overreach, stating that it was clear from the outset that criminal charges were not warranted. However, Hur's report did acknowledge the serious risks to national security posed by Biden's actions, as the documents in question pertained to military and foreign policy in Afghanistan and sensitive intelligence sources and methods.

Ultimately, the decision not to prosecute Biden may have been influenced by a combination of factors, including his poor memory, his cooperation with the investigation, and the challenges of convicting a sitting president. These considerations led to the conclusion that a prosecution would be difficult and unlikely to succeed, even if Biden were a private citizen.

While Biden faced no charges, the report caused further scrutiny of his age and fitness for office as he sought reelection. The outcome also drew comparisons with the ongoing prosecution of former President Trump for mishandling classified documents, with Trump and his allies alleging a double standard in the justice system.

Biden's actions may have posed a risk to national security

While Special Counsel Robert Hur's investigation determined that President Biden did not break the law, his actions may have posed a risk to national security.

Hur's report concluded that Biden "willfully retained and disclosed classified materials" after his vice presidency, including "documents about military and foreign policy in Afghanistan" and "handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods". These documents were kept in an unlocked drawer and were found by investigators in Biden's office and home.

The report also revealed that Biden read aloud classified notebook passages to his ghostwriter on at least three occasions, recounting meetings in the White House Situation Room. While Biden maintained that he did not share classified information, he conceded that he should have paid better attention to the transfer of materials by his staff when he left the vice presidency.

Hur determined that Biden's actions presented "serious risks to national security, given the vulnerability of extraordinarily sensitive information to loss or compromise to America's adversaries." The report highlighted that the documents were found in a badly damaged box in Biden's garage, surrounded by household detritus, indicating a lack of proper security measures to protect classified information.

In response to the findings, White House special counsel Richard Sauber stated that Biden "takes classified information seriously and strives to protect it". He added that Biden's cooperation with the probe was "extraordinary" and that the president would pursue new actions to prevent future mistakes regarding the handling of classified materials.

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