Predictable: Special Counsel Lets Biden Off the Hook in Classified Documents Case

AP Photo/ Evan Vucci

It appears President Joe Biden no longer has to worry about facing consequences for possessing classified documents from when he was vice president (or senator). Special Counsel Robert Hur has concluded his investigation into the president’s alleged mishandling of sensitive information and has decided against recommending criminal charges.

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The decision, while not unexpected, has already elicited a range of reactions from across the political spectrum, especially as former President Donald Trump is facing his own classified documents case.

Special Counsel Robert Hur will not recommend criminal charges against President Biden for mishandling classified documents, according to his report after a months-long investigation into the president's alleged improper retention of classified records.

Hur has been investigating Biden’s improper retention of classified records since last year. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated "sensitive intelligence sources and methods."

"We conclude that no criminal charges are warranted in this matter," the report states. "We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president.

The special counsel also described Biden as "a sympathetic, well-meaning, elderly man with a poor memory."

"We have also considered that, at trial, Mr. 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," Hur wrote in the report. "Based on our direct interactions with and observations of him, he is someone from 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.

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The case traces back to when Attorney General Merrick Garland appointed Hur in January 2023 after classified documents had been uncovered at the Penn Biden Center in Washington, D.C. It was later revealed that the president had stored more documents in his Delaware home and his garage.

Earlier this week, it was revealed that Team Biden was concerned about Hur’s report even though they did not believe the president would be charged with a crime.

Now, here's another interesting leak from the Biden team. There seem to have been a few in the last couple of days. This one is about the classified document investigation. While his people don't anticipate him being charged (naturally), they are afraid that the report, which could be released as early as this week by Special Counsel Robert Hur, might expose some embarrassing details (including photos) that could hurt his reelection chances.

Axios reported that Biden's aides do not expect criminal charges as a result of the investigation, but they are concerned about potentially embarrassing photos included in Hur's expected report that could be released as soon as this week. The images could show how Biden stored classified materials, which were discovered in late 2022 in the garage of Biden's Delaware home, as well as in a private office he used. The classified documents were carried over from Biden's time as former President Obama's vice president.

Biden's aides told Axios that they are fearful former President Trump's campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

Biden aides expect the report to "be politically damaging."

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Currently, it is not clear what impact Hur’s report will have on Biden’s bid for reelection. But it is certainly possible that his investigation turned up information that could prove problematic for Biden politically.

It is also worth noting that Trump and his team will likely use this development as another example showing how forces in the federal government are weaponizing their positions to target him. They're likely to point out that the double standard involved is more proof that the case against him is motivated purely by politics and a desire to influence the outcome of the 2024 presidential election.

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