Special Counsel Report Finds No Criminal Charges for President Biden’s Handling of Classified Documents

A special counsel report released Thursday by Robert Hur, a former U.S. attorney in the Trump administration, found evidence that U.S. President Joe Biden willfully retained and shared highly classified information when he was a private citizen. The report, however, concluded that criminal charges were not warranted. This resolves a year-long criminal investigation that has overshadowed Biden’s presidency and raises questions about his competence and age.

The report detailed Biden’s handling of sensitive government materials, including military and foreign policy in Afghanistan. It criticized how he retained and shared classified information, but explained why the evidence fell short of meeting the standard for criminal charges. Hur cited reasons such as Biden’s advanced age, which made him prone to forgetfulness, and the possibility of “innocent explanations” for the records.

Biden angrily reacted to the report, questioning the special counsel’s recollection of his late son Beau’s death from cancer and defending his memory. His lawyers criticized the report for its inaccuracies and criticized Hur for personal attacks against the president. Despite the harsh findings, Biden expressed his satisfaction with the report’s conclusion that no charges will be brought against him and considered the matter closed.

The investigation centered around classified documents found in various locations, including Biden’s Washington office space, Delaware home, and Senate papers at the University of Delaware. Many of these documents were deemed to have been retained by mistake. However, evidence was found that Biden willfully retained and disclosed a subset of records found in his Delaware house, including a classified letter to then-President Obama regarding a troop surge in Afghanistan, a policy he had opposed.

The report also highlighted that Biden had shared some of the classified information with a ghostwriter he collaborated with for his memoirs. Despite Biden’s occasional skips over presumptively classified material, the report noted that he sometimes read verbatim from classified entries. The special counsel determined that there was a shortage of evidence to prove Biden’s intent in placing and knowing about the classified documents found in his Delaware garage.

While the special counsel’s report removes legal jeopardy for President Biden, it remains an embarrassment for him, given his emphasis on competency and experience during his presidential campaign. The findings may also impact his ability to criticize former President Donald Trump, who was indicted on criminal charges related to classified document handling. The investigation into Trump’s handling of classified documents is being conducted by special counsel Jack Smith.