Biden Cleared of Criminal Charges by Special Counsel, Yet Faces Damning Portrait

The special counsel’s investigation into President Joe Biden’s handling of classified documents has ended, withholding condemnation of the President on legal grounds.

Investigation Concludes

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A 345-page report released by the Justice Department on Thursday details this conclusion. This decision stands, even though the DOJ has a policy against prosecuting sitting presidents.

Classified Leaks

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Despite avoiding legal censure, the report paints a critical picture of Biden’s actions and mental state. It notes that Biden improperly handled classified materials related to the 2009 Afghanistan troop surge and shared confidential details with the author of his 2017 memoir. 

Unsecured Documents

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The report also shows photos of classified documents in unsecured locations, such as a cardboard box in Biden’s garage and a filing cabinet beneath his television

Unintentional Actions? 

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Special Counsel Robert Hur, a former U.S. Attorney held in high esteem, noted in his report that President Biden’s “lapses in attention and vigilance demonstrate why former officials should not keep classified materials unsecured at home and read them aloud to others.”

Hur suggested that jurors might believe Biden’s actions were ‘unintentional.’

Memory Issues 

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He remarked that in a trial, 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.”

Fuzzy Recall of Events

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The report repeatedly touches on Biden’s memory issues, highlighting his struggle to recall his vice presidency period or the time of his son Beau’s death. 

Hur noted Biden’s vague recollection of the Afghanistan debate, predicting his legal team would highlight these memory lapses if a trial were necessary.

Attorney Fights Back

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Bob Bauer, one of Biden’s attorneys, strongly criticized Hur’s report, accusing him of “essentially, ‘trashing’ the subject of an investigation” with unnecessary, baseless, and irrelevant critical remarks. 

Team Pushback on Memory Issues

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Before the report’s release, Biden’s legal team expressed their concerns to Hur and his team, particularly about the emphasis on Biden’s memory issues, labeling it as “gratuitous” and urging Hur to modify his summaries, claiming such focus was outside his area of expertise and responsibility. 

Biden vs. Trump Comparison

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Despite the potential for Hur’s portrayal of Biden to fuel critics, the report also counters some potential criticisms. It acknowledges Biden’s cooperation with the federal investigation and, in its initial pages, distinctly contrasts Biden with former President Donald Trump. 

Trump’s Alleged Resistance

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Trump, who faces legal action for intentionally retaining classified material, is alleged to have refused to return documents and instructed others to destroy evidence and lie. 

Biden’s Compliance in Investigation

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In contrast, Hur’s report highlights Biden’s compliance, including handing over classified documents, consenting to searches of his homes, participating in a voluntary interview, and otherwise cooperating with the investigation.

Clearing the Air

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President Biden responded to the report during a House Democrats’ retreat on Thursday afternoon. He expressed satisfaction with the special counsel’s clarification of the significant differences between his case and that of former President Trump.

President’s Relief

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 “I was pleased to see the special counsel make clear the stark differences between this case and Trump’s,” the President stated, 

“The special counsel in my case decided against moving forward with any charges. This matter is now closed.” He banged the podium with a fist.

Biden’s VP Tenure

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The report, produced by Special Counsel Robert Hur, emerged from his investigation into classified documents found at Biden’s residence and think tank, dating back to his vice-presidential tenure. 

Key Documents from Obama Era

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It includes details of Biden’s strong opposition to the Obama administration’s decision to increase troop numbers in Afghanistan, highlighting his preservation of documents that recorded his dissent, such as a classified handwritten memo to President Obama.

Classified Book Mishandling

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The report also mentions Biden’s tendency to mishandle classified briefing books during his vice presidency, leading to nearly 30 books being unaccounted for in early 2010 and prompting heightened security measures by his staff, though challenges in retrieving the books persisted.

Handling of VP Documents

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Special Counsel Hur’s report on classified documents at Biden’s home, dating from his vice presidency, notes his opposition to Obama’s troop surge in Afghanistan, including saving a classified memo. 

Memory Lapses in Focus

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Biden mishandled briefing books, causing staff frustration and increased security measures. He also shared classified information with his 2017 memoir’s ghostwriter. 

The report suggests Biden’s forgetfulness may explain unreturned materials, with his limited memory noted in interviews.

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