‘Elderly’ Joe Biden won’t face charges over classified documents – and he could not remember when he was vice president, report says
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.
‘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 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.
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.
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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.
Donald Trump has posted an AI-generated image of himself dressed in papal regalia on his Truth Social platform – just 11 days after the death of Pope Francis.
Uploaded onto his account early on Saturday morning, it shows the US president with a large gold cross on a chain around his neck.
From there, it was published, without comment or explanation, on the White House X and Instagram accounts and, though it drew fierce criticism, it was liked more than 100,000 times.
It comes just a few days after the world leader joked that he’d like to be the pontiff.
Last week, he was asked by reporters on the White House lawn who he would like to succeed Francis and he replied: “I’d like to be Pope. That would be my number one choice.”
He went on to say that he did not have a preference, but there was a cardinal in New York who was “very good”.
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‘I’d like to be pope’
Mr Trump was quickly accused of mocking Pope Francis’s death, but, by noon, UK time, the post had been liked more than 58,000 times on Instagram.
User comments, however, were mostly negative, with one saying that the image “isn’t funny. It’s not satire. And it’s not harmless”.
Another simply called it “disgusting”, while other reactions included “disturbing”, “disrespectful” and “offensive”.
On X, where the picture was liked more than 78,000 times, a user commented that Mr Trump was “making a mockery of the pious”, while another judged it “not a wise decision”.
The conclave to select a new pontiff will begin on 7 May after the death of Francis, the leader of the Roman Catholic Church.
The Argentinian, who became pope in 2013, died on Easter Monday at the age of 88 due to a stroke and heart failure.
Last weekend, the president was criticised for wearing a non-traditional blue suit for Francis’s Vatican funeral and chewing gum during the ceremony.
However, his meeting in St Peter’s Basilica with Ukrainian President Volodymyr Zelenskyy before the outdoor mass got under way was dubbed “Pope Francis’s miracle” by members of the clergy.
Donald Trump and Volodymyr Zelenskyy met in St Peter’s Basilica. Pic: Ukrainian Presidential Press Office
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Mr Trump’s own religious views have long been a matter of speculation.
He was raised as a Presbyterian and publicly identified with it for most of his adult life, before, in October 2020, he renounced it and said he now considered himself a non-denominational Christian.
Many have questioned the depth of his faith, but that hasn’t stopped him appealing to conservative Christians and the Christian right, particularly evangelicals, some of whom have helped him get elected twice.
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Earlier this year, Mr Trump shared a bizarre AI-generated video on his Truth Social platform showcasing what appeared to be a vision of Gaza under his proposed plan.
The footage showed the area transformed into a Middle Eastern paradise with exotic beaches, Dubai-style skyscrapers, luxury yachts and people partying – and featured Israeli Prime Minister Benjamin Netanyahu and Elon Musk.
One of Harvey Weinstein’s accusers broke down in tears and swore on the witness stand as a sexual abuse trial continues.
Warning: This article contains references to sexual assault
Miriam Haley claims the former Hollywood mogul forced oral sex on her in July 2006.
The case is being retried after the appeals court overturned his conviction last year.
She was working as a production assistant at the time.
Weinstein has strenuously denied all allegations, and Ms Haley also testified at Weinstein’s initial trial.
Miriam Haley. AP file pic
Harvey Weinstein on Wednesday as he appeared for his retrial. Pic: AP
The 48-year-old was testifying in a Manhattan court when Weinstein’s defence lawyer Jennifer Bonjean questioned her account of the incident.
In court, Ms Bonjean asked why Ms Haley would agree to Weinstein’s invitation to his apartment after testifying about his previous behaviour, including her alleging that he barged into her home.
Ms Haley then became emotional after being asked how her clothes came off before Weinstein allegedly pulled out a tampon and performed oral sex on her.
She said Weinstein took off her clothing, but she didn’t recall the details, before Ms Bonjean asked: “You removed your clothes, right?”
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Ms Haley then told jurors that Weinstein “was the one who raped me, not the other way around” – to which his lawyer said: “That is for the jury to decide.”
She then started crying and said: “No, it’s not for the jury to decide. It’s my experience. And he did that to me.”
Sky’s US partner network NBC News reported that Ms Haley said during the exchange: “Don’t tell me I wasn’t raped by that f*****g asshole.”
Judge Curtis Farber then halted questioning and sent jurors on a break. Ms Haley’s eyes were red and her face was glistening as she left the witness stand.
In February 2020, Weinstein was found guilty of sexually assaulting Ms Haley – along with raping former actor Jessica Mann in a New York hotel in 2013 – and sentenced to 23 years in prison.
His conviction for the two crimes was overturned in April after an appeals court ruled the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case.
After the appeal ruling, Weinstein was charged with raping one woman and forcing oral sex on two others.
Two of the charges are those he faced during the original trial, while the third – one of the charges of forcing oral sex on Kaja Sokola – was added last year.
Weinstein denies all allegations, and his lawyers argue his accusers had consensual sexual encounters.
Regardless of the outcome of the retrial, he will remain in prison over a 2022 conviction in Los Angeles for a separate count of rape. His lawyers are also appealing this sentence.
Timing’s everything for Donald Trump.
The time for sacking Mike Waltz was, clearly, not before the 100-day milestone – the measure of his performance in office.
The national security adviser had his card marked from the day the ‘Signalgate’ scandal broke.
Trump latest: Waltz ‘leaving White House’ hours after TV appearance
In any other government, at any other time, political expediency would have demanded his immediate sacking.
To have shared sensitive military information on a group chat is a most reckless error of judgement.
Bad enough that the information reached the inbox of a US journalist – who knows who else might have accessed the information in what is a commercially available app? China, Russia? Iran, the very country that backs the Houthi rebels who were under attack?
Initially, Donald Trump defended Waltz as a “good man” who had “learned a lesson”. The president will have known, though, that he’s a man who has fundamentally weakened him.
Waltz’s mistake put the lives of US service personnel at risk and called into question the credibility of his ultimate boss.
The emoji-laden group chat read like the stuff of excited youngsters breathlessly sharing gossip.
It was recklessness over responsibility at the heart of government, and it reflected on the commander-in-chief and his judgement in appointing Waltz in the first place.
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‘Nobody was texting war plans’ – Hegseth
To keep him in post for weeks following the scandal looked like an acceptance, of sorts, and it didn’t look good. If there are questions about the circumstances surrounding Waltz, there are, too, about Trump’s defence secretary, Pete Hegseth.
Hegseth was also part of the Signalgate group chat and more.
Separately, he shared messages on Signal with his wife and brother about military strikes. Both are involved with the Pentagon, but are nowhere near the security clearance typically required to access that kind of detail.
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If Waltz committed a sackable offence, why didn’t Hegseth?
It’s a question that won’t go away.
The answer, I suspect, is that Donald Trump invested considerable political capital in forcing Hegseth into position, in spite of strong opposition.
In a story that acknowledges weakness at the heart of government, Donald Trump has his limits.
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