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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.

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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.

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The anniversary of George Floyd’s murder is a reminder of America’s racial divides

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The anniversary of George Floyd's murder is a reminder of America's racial divides

In Minneapolis, the spot where George Floyd was murdered has been turned into a mural.

His face is depicted in street art on a pavement covered in flowers, rosaries, and other trinkets left by people who have come to pay their respects in the last five years.

His final moments, struggling for breath with white police officer Derek Chauvin’s knee on his neck, were captured in a viral video that provoked anger, upset, and outrage.

Derek Chauvin kneeling on George Floyd's neck
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Derek Chauvin kneeling on George Floyd’s neck

In Minneapolis and other parts of America, there were protests that at points boiled over into unrest.

The events to mark the fifth anniversary of his death took on a very different tone – one of celebration and joy.

Behind a wooden statue of a clenched fist on one end of a junction now renamed George Perry Floyd Square, people gathered in the morning.

There was a moment of prayer before a brass band began to play and the group marched, while singing and chanting.

George Perry Floyd Square, a makeshift memorial area
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George Perry Floyd Square, a makeshift memorial area

‘It made us want to fight harder’

Among those gathered in front of a makeshift stage built in the square were two of Floyd’s family members – his cousin Paris and aunt Mahalia.

To them, the man whose death sparked a racial reckoning in America and further afield, was simply “Perry,” a larger-than-life figure whose presence is missed at family gatherings.

Speaking to me while the speakers behind them thumped and people danced, they didn’t just reflect with sadness though.

There was also pride at a legacy they felt has led to change.

“It made us want to fight harder,” said Mahalia, “and it’s a feeling you cannot explain. When the whole world just stood up.”

George Floyd's aunt Mahalia and cousin Paris
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George Floyd’s aunt Mahalia and cousin Paris

Referring to Chauvin’s eventual murder charge, Paris added: “I think that from here on out, at least officers know that you’re not going to slide through the cracks. Our voices are heard more.”

The tapestry of items outside the Cup Foods convenience store, now renamed Unity Foods, is not the only makeshift memorial in the area.

A short walk away is the “Say Their Names” cemetery, an art installation honouring black people killed by the police.

Meeting me there later in the day, activist Nikema Levy says the installation and George Floyd Square are called “sacred spaces” in the community.

As someone who took to the streets at the time of Floyd’s death and a community organiser for years before that, she’s constantly stopped by people who want to speak to her.

Activist Nikema Levy speaking to Sky News
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Activist Nikema Levy speaking to Sky News

‘White supremacy on steroids’

Once we do manage to speak, Levy reminds me of a wider political picture. One that goes beyond Minneapolis and is a fraught one.

In the week of the anniversary, the US Department of Justice rolled back investigations into some of the largest police forces in the country, including in Minneapolis – a move she calls “diabolical.”

“That type of cruelty is what we have seen since Donald Trump took office on January 20th of this year,” she continued.

“From my perspective, that is white supremacy on steroids. And it should come as no surprise that he would take these types of steps, because these are the things that he talked about on the campaign trail.”

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Has US changed five years after George Floyd’s death?

‘True healing has never taken place’

Trump has argued his policing reforms will help make America’s communities safer.

Even on a day of optimism, with a community coming together, Levy’s words in front of headstones bearing the names of black people who have died at the hands of the police are a reminder of how deep the racial divides in America still are – a sentiment she leaves me with.

“From the days of slavery and Jim Crow in this country, we’ve just had the perception of healing, but true healing has never taken place,” she says.

“So the aftermath of George Floyd is yet another example of what we already know.”

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US-EU trade war fears reignite as Europe strikes back at Trump’s threat

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US-EU trade war fears reignite as Europe strikes back at Trump's threat

Fears of a US-EU trade war have been reignited after Europe refused to back down in the face of fresh threats from Donald Trump.

The word tariff has dominated much of the US president’s second term, and he has repeatedly and freely threatened countries with them.

Money blog: Trump sends message to UK on energy bills

This included the so-called “liberation day” last month, where he unleashed tariffs on many of his trade partners.

On Friday, after a period of relative calm which has included striking a deal with the UK, he threatened to impose a 50% tariff on the EU after claiming trade talks with Brussels were “going nowhere”.

The US president has repeatedly taken issue with the EU, going as far as to claim it was created to rip the US off.

However, in the face of the latest hostile rhetoric from Mr Trump’s social media account, the European Commission – which oversees trade for the 27-country bloc – has refused to back down.

EU trade chief Maros Sefcovic said: “EU-US trade is unmatched and must be guided by mutual respect, not threats.

“We stand ready to defend our interests.”

President Donald Trump speaks to reporters after signing executive orders regarding nuclear energy in the Oval Office of the White House, Friday, May 23, 2025, in Washington, as Commerce Secretary Howard Lutnick and Defense Secretary Pete Hegseth listen. (AP Photo/Evan Vucci)
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Donald Trump speaks to reporters in the Oval Office on Friday

Fellow EU leaders and ministers have also held the line after Mr Trump’s comments.

Polish deputy economy minister Michal Baranowski said the tariffs appeared to be a negotiating ploy, with Dutch deputy prime minister Dick Schoof said tariffs “can go up and down”.

French trade minister Laurent Saint-Martin said the latest threats did nothing to help trade talks.

He stressed “de-escalation” was one of the EU’s main aims but warned: “We are ready to respond.”

Mr Sefcovic spoke with US trade representative Jamieson Greer and commerce secretary Howard Lutnick after Mr Trump’s comments.

Mr Trump has previously backed down on a tit-for-tat trade war with China, which saw tariffs soar above 100%.

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US and China end trade war

Sticking points

Talks between the US and EU have stumbled.

In the past week, Washington sent a list of demands to Brussels – including adopting US food safety standards and removing national digital services taxes, people familiar with the talks told Reuters news agency.

In response, the EU reportedly offered a mutually beneficial deal that could include the bloc potentially buying more liquefied natural gas and soybeans from the US, as well as cooperation on issues such as steel overcapacity, which both sides blame on China.

Stocks tumble as Trump grumbles

Major stock indices tumbled after Mr Trump’s comments, which came as he also threatened to slap US tech giant Apple with a 25% tariff.

The president is adamant that he wants the company’s iPhones to be built in America.

The vast majority of its phones are made in China, and the company has also shifted some production to India.

Shares of Apple ended 3% lower and the dollar sank 1% versus the Japanese yen and the euro rose 0.8% against the dollar.

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Trump accused of ‘pouring salt on the wounds’ five years after murder that shook America

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Trump accused of 'pouring salt on the wounds' five years after murder that shook America

In the dozens of framed images and newspaper clippings covering the walls of his office in downtown New York City, Al Sharpton is pictured alongside presidents and leading protests.

He has spent decades campaigning and is perhaps the most famous civil rights activist in the US today.

Many of those clippings on the wall relate to one moment in May 2020 – the murder of George Floyd.

George Floyd was killed while under arrest in Minneapolis in May
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George Floyd was killed while under arrest in Minneapolis in May 2020

Speaking to Sky News ahead of the five-year anniversary of that moment, Mr Sharpton remembered the combination of “humiliation and deep anger” he felt seeing the footage of Mr Floyd’s death that swept the world.

“The more I watched, the more angry I felt,” he said.

Mr Floyd was murdered in Minneapolis by Derek Chauvin, a 44-year-old white police officer.

Mr Floyd had been arrested after a store clerk reported he had made a purchase using counterfeit money.

Chauvin knelt on Mr Floyd’s neck for over nine minutes, while he was handcuffed and lying face down in the street.

Chauvin pressed his knee on Mr Floyd's neck for more than nine minutes, as the victim repeatedly said "I can't breathe" Pic: AP
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Chauvin pressed his knee on Mr Floyd’s neck for more than nine minutes, as the victim repeatedly said ‘I can’t breathe’. Pic: AP

‘A seismic moment’

For Mr Sharpton, who has marched with countless other families, this felt different because it was “graphic and unnecessary”.

“What kind of person would hear somebody begging for their life and ignore them?” he said.

“I had no idea this would become a seismic moment,” he continued.

“I think people would accuse civil rights leaders, activists like me of being opportunistic, but we don’t know if one call from the next one is going to be big, all we know is we have to answer to the call.”

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Has US changed five years after George Floyd’s death?

Trump ‘pouring salt on the wounds’

Mr Floyd’s death took place during Donald Trump’s first term in the White House.

During Trump’s second term, his administration has moved to repeal federal oversight plans for the Minneapolis Police Department – a move originally supported by Joe Biden’s administration.

Mr Sharpton believes Mr Trump and the Department of Justice have purposely timed this for the 5th Anniversary of Mr Floyd’s Death.

“It’s pouring salt on the wounds of those that were killed, and those that fought,” he said.

“I think Donald Trump and his administration is actively trying to reverse and revoke changes and progress made with policing based on the movement we created after George Floyd’s death, worldwide.”

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Protesters took to the street the day before jury selection, due to take three weeks, started
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The murder of George Floyd sparked Black Lives Matter protests around the world

Mr Sharpton still supports George Floyd’s family and will be with them this weekend in Houston, Texas, where many of them will mark the anniversary.

He said the legacy of Mr Floyd’s death is still being written.

Evoking the civil rights movement of the 1960s he said: “The challenge is we must turn those moments into permanent movements, it took nine years from 1955 to 1964 for Dr [Martin Luther] King in that movement to get a Civil Rights Act after Rosa Parks sat in the front of a bus in Montgomery.

“We’re five years out of George Floyd, we’ve got to change the laws.

“We can do it in under nine years, but we can’t do it if we take our eye off the prize.”

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