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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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They are hurting but managing to find hope in ‘tomorrow’ – the residents who have lost everything in the LA fires

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They are hurting but managing to find hope in 'tomorrow' - the residents who have lost everything in the LA fires

They are the displaced and there are tens of thousands of them, 600 in an evacuation centre we visited.

From elderly people who fled without their medication, to pregnant mothers desperate to escape the smoke, they had nowhere else to go.

Jim Mayfield, who has lived in the northern suburb of Altadena for 50 years, wept as he told me his dogs, Monkey and Coca, were all he had left.

He said: “The fire was coming down, a ball of fire, it hadn’t made it to my house, but then I woke up and I seen it so I had to start evacuating.

“I had to grab my dogs, I didn’t have enough water and my house is burned down to the ground.”

Thousands of buildings have been burned to the ground
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Thousands of buildings have been burned to the ground since the fires in Los Angeles started

Sheila Kraetzel, another elderly resident, relived the sense of terror as homes were engulfed by the flames.

She said: “I smelt smoke, I was sleeping, and my dog alerted me that there was trouble.

More on California Wildfires

“When I looked outside, there were embers floating across my yard.

“My whole neighbourhood is gone.”

“It was a beautiful, unique place,” she added, smiling.

Thousands of firefighters have been working around the clock to contain the wind-driven fires in California
Image:
Firefighters have been working around the clock to contain the wind-driven fires

Asked how she could smile, she fought back tears and replied: “Well, there’s tomorrow you know.”

How anyone could find hope amid the destruction we have witnessed here is beyond me.

Read more:
Scale of ‘most destructive’ blazes in modern US history
In pictures: Before and after the blazes
What caused the fires?

There are people handing out food and water, medical staff doing what they can. Volunteers have rallied from far and near.

Buildings destroyed in fires

One of them, Stephanie Porter, told me it felt “heavy” inside the centre.

“You walk through and see the despair on people’s faces, not knowing what their next step is, not knowing if their house is still standing,” she said.

“I had to take a few moments… and kind of cry, and then you go back to serve.

“It just breaks your heart.”

Three miles up the road, Altadena resembles a war zone, but residents have not been allowed to return.

When they finally do, they’ll discover there’s nothing left of the material lives they left behind.

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Sam Moore, who sang Soul Man in the duo Sam & Dave, dies

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Sam Moore, who sang Soul Man in the duo Sam & Dave, dies

Sam Moore, who sang Soul Man and other 1960s hits in the legendary Sam & Dave duo, has died aged 89.

Moore, who influenced musicians including Michael Jackson, Al Green and Bruce Springsteen, died on Friday in Coral Gables, Florida, due to complications while recovering from surgery, his publicist Jeremy Westby said.

No additional details were immediately available.

Moore was inducted with Dave Prater, who had died in a 1988 car crash, into the Rock and Roll Hall of Fame in 1992.

The duo, at the Memphis, Tennessee-based Stax Records, transformed the “call and response” of gospel music into a frenzied stage show and recorded some of soul music’s most enduring hits, including Hold On, I’m Comin’.

Sam Moore performs with Bruce Springsteen in 2006. Pic: Reuters
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Sam Moore performs with Bruce Springsteen in 2006. Pic: Reuters

Many of their records were written and produced by the team of Isaac Hayes and David Porter and featured the record label’s house band Booker T & the MGs.

Sam & Dave faded after their 1960s heyday but Soul Man hit the charts again in the late 1970s when the Blues Brothers, John Belushi and Dan Aykroyd, recorded it with many of the same musicians.

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Moore had mixed feelings about the hit becoming associated with the Saturday Night Live stars, remembering how young people believed it originated with the Blues Brothers.

Sam & Dave broke up in 1970 and neither had another major hit.

Moore later said his drug habit played a part in the band’s troubles and made record executives wary of giving him a fresh start.

Sam Moore with Justin Timberlake at the Memphis Music Hall of Fame induction ceremony in 2015. Pic: AP
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Sam Moore with Justin Timberlake at the Memphis Music Hall of Fame induction ceremony in 2015. Pic: AP

He married his wife Joyce in 1982, and she helped him get treatment for his addiction that he credited with saving his life.

Read more from Sky News:
Tom Holland’s dad confirms Zendaya engagement
The victims of the LA fires

Moore spent years suing Prater after his former partner hired a substitute and toured as the New Sam & Dave.

He also lost a lawsuit claiming the pair of aging, estranged singers in the 2008 movie Soul Men was too close to the duo.

In another legal case, he and other artists sued multiple record companies and the American Federation of Television and Radio Artists in 1993, claiming he had been cheated out of retirement benefits.

Despite his million-selling records, he said in 1994 his pension amounted to just 2,285 US dollars (£1,872), which he could take as a lump sum or in monthly payments of 73 US dollars (£60).

“Two thousand dollars for my lifetime?” Moore said at the time. “If you’re making a profit off of me, give me some too. Don’t give me cornbread and tell me it’s biscuits.”

Moore wrote Dole Man, based on Soul Man, for Republican Bob Dole’s 1996 presidential campaign and was one of the few entertainers who performed at President Donald Trump’s inaugural festivities in 2017.

Eight years earlier, he objected to Democratic presidential candidate Barack Obama’s use of the song Hold On, I’m Comin’ during his campaign.

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LA fires: Data and videos reveal scale of ‘most destructive’ blazes in modern US history

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LA fires: Data and videos reveal scale of 'most destructive' blazes in modern US history

The fires that have been raging in Los Angeles County this week may be the “most destructive” in modern US history.

In just three days, the blazes have covered tens of thousands of acres of land and could potentially have an economic impact of up to $150bn (£123bn), according to private forecaster Accuweather.

Sky News has used a combination of open-source techniques, data analysis, satellite imagery and social media footage to analyse how and why the fires started, and work out the estimated economic and environmental cost.

More than 1,000 structures have been damaged so far, local officials have estimated. The real figure is likely to be much higher.

“In fact, it’s likely that perhaps 15,000 or even more structures have been destroyed,” said Jonathan Porter, chief meteorologist at Accuweather.

These include some of the country’s most expensive real estate, as well as critical infrastructure.

Beachfront properties are left destroyed by the Palisades Fire, Thursday, Jan. 9, 2025 in Malibu, Calif. (AP Photo/Mark J. Terrill)
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Beachfront properties in Malibu were destroyed by the Palisades fire. Pic: PA

Accuweather has estimated the fires could have a total damage and economic loss of between $135bn and $150bn.

“It’s clear this is going to be the most destructive wildfire in California history, and likely the most destructive wildfire in modern US history,” said Mr Porter.

“That is our estimate based upon what has occurred thus far, plus some considerations for the near-term impacts of the fires,” he added.

The calculations were made using a wide variety of data inputs, from property damage and evacuation efforts, to the longer-term negative impacts from job and wage losses as well as a decline in tourism to the area.

The Palisades fire, which has burned at least 20,000 acres of land, has been the biggest so far.

Sentinel
Sentinel satellite imagery of the Pacific Palisades from space, taken around 15 minutes after the Palisades Fire was first reported. The red indicates the area of land that had already burned. Pic: Sentinel Hub
Image:
Sentinel satellite imagery of the Pacific Palisades from space, taken around 15 minutes after the Palisades fire was first reported. The red indicates the area of land that had already burned. Pic: Sentinel Hub

Satellite imagery and social media videos indicate the fire was first visible in the area around Skull Rock, part of a 4.5 mile hiking trail, northeast of the upscale Pacific Palisades neighbourhood.

These videos were taken by hikers on the route at around 10.30am on Tuesday 7 January, when the fire began spreading.

At about the same time, this footage of a plane landing at Los Angeles International Airport was captured. A growing cloud of smoke is visible in the hills in the background – the same area where the hikers filmed their videos.

The area’s high winds and dry weather accelerated the speed that the fire has spread. By Tuesday night, Eaton fire sparked in a forested area north of downtown LA, and Hurst fire broke out in Sylmar, a suburban neighbourhood north of San Fernando, after a brush fire.

These images from NASA’s Black Marble tool that detects light sources on the ground show how much the Palisades and Eaton fires grew in less than 24 hours.

 

On Tuesday, the Palisades fire had covered 772 acres. At the time of publication of Friday, the fire had grown to cover nearly 20,500 acres, some 26.5 times its initial size.

The Palisades fire was the first to spark, but others erupted over the following days.

At around 1pm on Wednesday afternoon, the Lidia fire was first reported in Acton, next to the Angeles National Forest north of LA. Smaller than the others, firefighters managed to contain the blaze by 75% on Friday.

Fires map

On Thursday, the Kenneth fire was reported at 2.40pm local time, according to Ventura County Fire Department, near a place called Victory Trailhead at the border of Ventura and Los Angeles counties.

This footage from a fire-monitoring camera in Simi Valley shows plumes of smoke billowing from the Kenneth fire.

Sky News analysed infrared satellite imagery to show how these fires grew all across LA.

The largest fires are still far from being contained, and have prompted thousands of residents to flee their homes as officials continued to keep large areas under evacuation orders. It’s unclear when they’ll be able to return.

“This is a tremendous loss that is going to result in many people and businesses needing a lot of help, as they begin the very slow process of putting their lives back together and rebuilding,” said Mr Porter.

“This is going to be an event that is going to likely take some people and businesses, perhaps a decade to recover from this fully.”


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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