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Joe Biden won’t face criminal charges over the handling of classified documents, after he portrayed himself as an “elderly man with a poor memory”, said the special counsel.

Robert Hur said President Biden had “wilfully retained and disclosed classified materials” after he was vice president and when he was a “private citizen”, and his actions “present serious risks to national security”.

But the prosecutor said he chose not to bring criminal charges following a 15-month investigation because Mr Biden cooperated and would likely be difficult to convict.

“We have 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,” he wrote in a report.

Mr Hur said that Mr Biden’s memory was “significantly limited” when he was interviewed by members of his prosecution team.

The report claims he could not remember when he was vice president or when his son, Beau Biden, died.

Former president Donald Trump, who faces a 40-count indictment for retaining classified documents, has criticised the decision as the mark of a “two-tiered system of justice”.

Insisting he “cooperated completely”, Mr Biden, whose vice presidency started in January 2009 and ended in January 2017, welcomed the conclusion and said he agreed to five hours of in-person interviews over the two days following Hamas’s attack on Israel on 7 October last year.

Richard Sauber, special counsel to the president, said mistakes when packing documents while leaving office are “unfortunately a common occurrence” and happened with every administration for the past 50 years.

But he added the White House disagreed with “a number of inaccurate and inappropriate comments” in the special counsel’s report.

The report could embarrass Mr Biden, 81, amid criticism he is too old to serve another four-year term – having also tried to draw a contrast with Mr Trump on personal ethics and national security.

Biden’s critics supercharged with particularly troubling verdict on president’s memory

He won’t be facing charges but that’s not the big news.

The report by a Justice Department Special Counsel is pretty devastating in its assessment of the state of mind of the American president.

Over more than 200 pages, Robert Hur explains why President Joe Biden will not face charges for holding classified documents after leaving office as vice president.

Essentially, the report concludes that a conviction would be unlikely because a jury would see him as “a well-meaning, elderly man with a poor memory… someone for whom many jurors will want to identify reasonable doubt”.

“Mr Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023… He did not remember when he was vice president…

“He did not remember, even within several years, when his son Beau died. And his memory appeared hazy when describing the Afghanistan debate that was once so important to him.”

For any sitting president this would be a damning portrayal. But for President Biden it’s particularly troubling. The 81-year-old is facing growing questions about his age and mental capability.

Read Mark Stone’s full analysis here

‘Classified stuff downstairs’

The investigation found Mr Biden took classified information about the US war in Afghanistan and other national security matters.

Mr Biden told a writer working on his memoir at a home he was renting in Virginia in February 2017 that he had “just found all the classified stuff downstairs”.

The writer deleted audio recordings of his conversations with Mr Biden after learning about the investigation, Mr Hur said, but he kept transcripts.

Donald Trump campaign in Las Vegas last month. Pic: AP
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Donald Trump criticised the decision. Pic: AP

Mr Hur’s report said the conversation created “the best case” for charges against Mr Biden, but he also wrote the documents may have been taken to his home while he was vice president, when he had the authority.

Members of Mr Biden’s legal team found the classified papers at the office of his Washington think-tank and his personal residence in Wilmington in Delaware.

What’s the difference with Donald Trump’s case?

In a statement, Mr Trump described the report’s decision as “unconstitutional selective prosecution” as he battles his own case around the seizure of classified files.

A photo published by the U.S. Justice Department in their charging document against former U.S. President Donald Trump shows boxes of documents stored in a bathroom at Trump's Mar-a-Lago club in Florida in early 2021 as seen embedded in the document released by the Justice Department in Washington, U.S. June 9, 2023. U.S. Justice Department/Handout via REUTERS TPX IMAGES OF THE DAY
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Boxes of documents at Donald Trump’s Mar-a-Lago club. Pic: US Justice Department via Reuters

While the two cases have similarities, there are also some notable differences.

Mr Trump was charged after prosecutors said he refused for months to turn over boxes of presidential records at his Mar-a-Lago resort in Florida and took steps to conceal the documents after the US government demanded their return.

Read more:
What are the investigations Trump is facing?

Supreme Court sceptical of Trump’s Colorado ban

An FBI search in August 2022 turned up more than 100 classified documents on the property, prosecutors alleged.

He has pleaded not guilty and accused prosecutors of political motivations ahead of a trial scheduled for May, which is likely to be delayed.

Mr Biden’s lawyers have said they notified the National Archives after finding a “small number” of classified documents in November 2022.

Additional documents were later found in a garage and library at his Delaware home and turned over to the Justice Department.

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Texas floods: At least 104 killed – as new images show scale of the destruction

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Texas floods: At least 104 killed - as new images show scale of the destruction

At least 104 people have died in the flash floods that have left a trail of destruction across Texas.

Kerr County Sheriff’s Office said the number of bodies found in the area had risen from 75 to 84 – including 56 adults and 28 children.

The have been seven fatalities in Travis County, six in Kendall County, four in Burnet County, two in Williamson County and one in Tom Green County.

Earlier, White House press secretary Karoline Leavitt warned that “the situation on the ground remains dangerous” and that there “could be additional public safety threats with additional incoming heavy rain”.

Latest updates – Texas floods

A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images
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A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images

The floods that first struck on Friday have wreaked havoc and left people in a state of grief – with 27 of the confirmed deaths having taken place at a girls’ summer camp in Kerr County.

Among those killed at Camp Mystic were Renee Smajstrla and Sarah Marsh, both eight, Eloise Peck and Lila Bonner, both nine, and the camp’s director Richard Eastland.

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A photo has now emerged showing the inside of the camp on Saturday after the waters hit.

At least 41 people are still missing in the state – including 10 girls from Camp Mystic.

Renee Smajstrla, 8, died in the flash floods at Camp Mystic, Texas. Pic: Family handout
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Renee Smajstrla, eight, died in the flash floods at Camp Mystic, Texas. Pic: Family handout

Sarah Marsh, 8, died in the flash floods at Camp Mystic, Texas. Pic: Family handout
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Sarah Marsh, eight, died in the flash floods at Camp Mystic, Texas. Pic: Family handout

In her news conference, Ms Leavitt criticised people who have claimed the Trump administration’s cuts to the National Weather Service (NWS) have played a role in the worsening the disaster.

It comes after Texas officials criticised the NWS by claiming it failed to warn the public about the impending danger.

Meanwhile, Senate Democratic Leader Chuck Schumer asked the Department of Commerce’s acting inspector general on Monday to probe whether staffing vacancies at the NWS’s San Antonio office contributed to “delays, gaps, or diminished accuracy” in forecasting the flooding.

The NWS did not immediately respond to a request for comment on Mr Schumer’s letter, but earlier defended its forecasting and emergency management.

Flooding near Kerville, Texas. Pic: US Coast Guard/AP
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Flooding near Kerville, Texas. Pic: US Coast Guard/AP

Ms Leavitt has told reporters that claims Mr Trump was responsible for any issues related to the flash floods response were “depraved and despicable”.

“It is not [a political game], it is a national tragedy,” she said.

The press secretary also claimed, in relation to some NWS offices being reportedly understaffed, that one place actually had “too many people”.

“Any person who has deliberately lied about the facts around the catastrophic event, you should be deeply ashamed,” she said.

Rescuers at Camp Mystic along the Guadalupe River in Texas after a flash flood swept through the area. Pic: AP
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Rescuers at Camp Mystic along the Guadalupe River in Texas after a flash flood swept through the area. Pic: AP

Members from Texas Game Wardens of the Law Enforcement Division works following flash flooding, in Kerrville, Texas.
Pic: Reuters
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Members from Texas Game Wardens of the Law Enforcement Division works following flash flooding, in Kerrville, Texas. Pic: Reuters

She also said that Mr Trump was going to visit Texas “later in the week”.

Previously, Mr Trump said it was likely he would visit on Friday.

Car is wedged in the ground following deadly floods in Texas
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Car is wedged in the ground following deadly floods in Texas

White House press secretary Karoline Leavitt speaks with reporters in the James Brady Press Briefing Room at the White House, Monday, July 7, 2025, in Washington.
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Karoline Leavitt in the press briefing room

Texas Senator Ted Cruz spoke at a news conference and said: “Texas is grieving right now, the pain, the shock of what has transpired these last few days has broken the heart of our state.

“Those numbers [the number of dead] are continuing to go up… that’s every parent’s nightmare, every mum and dad.”

A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images
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A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images

Damaged vehicles and debris are seen roped off near the banks of the Guadalupe River after flooding in Ingram, Texas. Pic: AP
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Damaged vehicles and debris are seen roped off near the banks of the Guadalupe River after flooding in Ingram, Texas. Pic: AP

He said he had picked up his own daughter from a camp in the area last week.

Mr Cruz added: “You know what I’d do? What I did when this happened? Just go hug your kids.

“Because I’ve got to tell you, I hugged my girls with tears in my eyes.”

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Texas flooding: Aerial footage of rescues

Dalton Rice, the city manager of Kerrville in Kerr County, was asked whether evacuation warnings could have been issued earlier.

He said: “It’s very tough to make those calls because we also don’t want to cry wolf.

“You know, we want to make sure that we activated [it] at the right time.”

He added: “We had first responders getting swept away, responding to the first areas of rainfall. That’s how quick it happened.

“They were driving to these areas and one of them got swept off the road.”

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The ‘Alligator Alcatraz’ detention centre was built in eight days – but problems are emerging

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The 'Alligator Alcatraz' detention centre was built in eight days - but problems are emerging

Videos and satellite imagery show how quickly Donald Trump’s detention centre in Florida has been constructed – as experts suggest the design of the site is flawed and will compromise the safety of people being held there.

Sky News’ Data and Forensics team has verified footage posted on social media that shows water covering the ground near electricity cables during a storm as the first detainees were due to arrive.

The Florida Division of Emergency Management (FDEM), run by Governor Ron DeSantis, posted on X that detainees were at the site on 3 July just before 1pm local time (6pm UK time).

Donald Trump held a tour of the facility on 1 July that took journalists around “Alligator Alcatraz”. Its name is a reference to both the local reptile population and the former maximum-security Alcatraz Federal Penitentiary in San Francisco Bay, California.

The tour showed the rapid construction of the centre, designed to accommodate up to 3,000 detainees. The purpose of the site is to house individuals detained by US Immigration and Customs Enforcement (ICE).

James Uthmeier, Florida’s attorney general, posted on X: “And in just a week, Alligator Alcatraz was built.”

Political commentator Benny Johnson, who was on the tour, praised the eight-day turnaround. “I don’t think anyone realises how impressive Alligator Alcatraz is,” he said.

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Amid those positive comments, videos emerged highlighting flooding in the centre, with electricity cables covered with water on the day of the tour.

The flooding was said to have been caused by a small storm. However, the state department claims the structures and tents can withstand category two hurricanes, reaching 110mph winds.

FDEM spokesperson Stephanie Hartman wrote in a statement that “vendors had tightened any seams at the base of the structures that allowed water to come in during the storm”. She described the water intrusion as minimal.

The speed of the site development.

Steff Gaulter, a Sky News meteorologist, said: “In the last 10 years, we’ve seen 13 hurricanes that have hit Florida. Seven of them have been category three or higher.

“As well as needing to know how strong these storms are as they come, it’s also very unpredictable, their track can change at the last minute.”

The American Society of Civil Engineers (ASCE) and the Structural Engineering Institute (SEI) have said structures in risk category two – which Alligator Alcatraz falls under – need to withstand 121mph wind gusts.

If the housing tents exceed 300 occupants per tent, the guidelines go up to 167mph.

Ms Gaulter explained: “You don’t necessarily need a hurricane in order to see a gust of wind over 100mph. In the lowest category of hurricane, category one, the range of winds would be between 74mph and 95mph. But even in that category, you can easily get a gust of wind up to 120mph.”

Dr Patrick McSharry, Professor at Carnegie Mellon University and former head of catastrophe risk financing at Oxford University, told Sky News that in a hurricane “there’s no way that a tent is going to be in any way something that you would advise someone to be in”.

“It’s more the case of having a plan in place that can be mobilised really fast to get people out of that dangerous situation.”

The site is also located in a hurricane-prone region as defined by ASCE.

Discussing building regulations, Dr McSharry said: “We’re dealing here potentially with human lives so it’s an even more sensitive calculation I think that needs to be made.”

The blue pin marks Alligator Alcatraz. The key shows average wind speeds. Credit: ASCE.
Image:
The blue pin marks Alligator Alcatraz. The key shows average wind speeds. Credit: ASCE.

Sky News put these concerns to Ron DeSantis and the Florida state department, but did not receive responses.

White House spokeswoman Abigail Jackson told Sky News: “Alligator Alcatraz is a state-of-the-art facility that will play a critical role in fulfilling the president’s promise to get the worst criminal illegal aliens out of America as fast as possible.

“President Trump is grateful to partner with [Homeland] Secretary [Kristi] Noem and Ron DeSantis on this important project.”

Satellite imagery obtained by Sky News shows the rapid construction of the centre, which was formerly Dade-Collier Training Airport.

Five days after the centre was announced by Florida’s attorney general James Uthmeier, more than 60 new trailers can be seen on the right-hand side of the runway.

Satellite imagery obtained by Sky News also shows that from 24 June to the opening date on 1 July, more than seven large housing tents were put up at the site.

Satellite imagery showing the site on 24 June. Credit: Maxar
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Satellite imagery showing the site on 24 June. Credit: Maxar

An aerial photo of the site on 1 July. Credit: AP
Image:
An aerial photo of the site on 1 July. Credit: AP

The site is reportedly set to open with 3,000 beds, expanding to 5,000 by early July.  

It is also reported that the site will cost an estimated $450m (£330m) per year to operate, with a bed costing $245 (£180) per day.

The bill is reported to be covered by the state of Florida, which plans to get money back from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS).

Tessa Petit, director of the Florida Immigrant Coalition, told Sky News: “It was constructed too [quickly]. This is a sign that we’re seeing a disaster [waiting to] happen as we look at it.

“Usual detention centres come up with, you know, their bricks and mortar, right? This is not bricks and mortar. This is just tents and mobile homes that are assembled on an airstrip.”

“There’s a detention of immigrants in a place that has been in the past ravaged by hurricanes and we’re getting into hurricane season,” Ms Petit added.

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She is concerned that medical support and sanitary provisions, like a sewage system, will not have been properly installed.

“You can’t build a sewage system that can sustain 3,000 people in eight days. You can’t dig in the Everglades. So, what are going be the additional sanitary conditions?” she said.

There are also sustainability concerns about the site.

The Centre for Biological Diversity has filed a lawsuit in US District Court to protect the Florida Everglades. They state it is “a reckless plan to build a massive detention centre for people caught in immigration raids”.

Tania Galloni, an attorney working with the Centre for Biological Diversity, stated the proposed plan “has not undergone the environmental review required by federal law, and the public has had no chance to provide feedback”.


The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.

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Israeli PM nominates Donald Trump for Nobel Peace Prize – as Gaza ceasefire talks continue

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Israeli PM nominates Donald Trump for Nobel Peace Prize - as Gaza ceasefire talks continue

Israel’s prime minister has nominated Donald Trump for the Nobel Peace Prize.

Benjamin Netanyahu made the announcement at a White House dinner, and the US president appeared pleased by the gesture.

“He’s forging peace as we speak, and one country and one region after the other,” Mr Netanyahu said as he presented the US leader with a nominating letter.

Mr Trump took credit for brokering a ceasefire in Iran and Israel’s “12-day war” last month, announcing it on Truth Social, and the truce appears to be holding.

The president also claimed US strikes had obliterated Iran’s purported nuclear weapons programme and that it now wants to restart talks.

“We have scheduled Iran talks, and they want to,” Mr Trump told reporters. “They want to talk.”

Iran hasn’t confirmed the move, but its president told American broadcaster Tucker Carlson his country would be willing to resume cooperation with the UN nuclear watchdog.

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But Masoud Pezeshkian said full access to nuclear sites wasn’t yet possible as US strikes had damaged them “severely”.

Away from Iran, fighting continues in Gaza and Ukraine.

Mr Trump famously boasted before his second stint in the White House that he could end the Ukraine war in 24 hours.

The reality has been very different; with Russia last week launching what Ukraine said was the heaviest aerial attack of the war so far.

Critics also claiming President Putin is ‘playing’ his US counterpart and has no intention of stopping the fighting.

However, President Trump could try to take credit for progress in Gaza if – as he’s suggested – an agreement on a 60-day ceasefire is able to get across the line this week.

Indirect negotiations with Hamas are taking place that could lead to the release of some of the remaining 50 Israeli hostages and see a surge in aid to Gaza.

America’s Middle East envoy, Steve Witkoff, is to travel to Qatar this week to try to seal the agreement.

Whether it could open a path to a complete end to the war remains uncertain, with the two sides criteria for peace still far apart.

President Netanyahu has said Hamas must surrender, disarm and leave Gaza – something it refuses to do.

Mr Netanyahu also told reporters on Monday that the US and Israel were working with other countries who would give Palestinians “a better future” – and indicated those in Gaza could move elsewhere.

“If people want to stay, they can stay, but if they want to leave, they should be able to leave,” he added.

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