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 Bidenhad “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.
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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.
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.
Image: 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.
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.
Image: 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.
Police in Tennessee have discovered 14 improvised explosive devices in a man’s home as they were arresting him, the local sheriff’s office said.
Officers were executing a warrant in the home of Kevin Wade O’Neal in Old Fort, about 45 miles (70km) east of Chattanooga, after he had threatened to kill public officials and law enforcement personnel in Polk County.
After arresting the 54-year-old, officers noticed “something smouldering” in the bedroom where he was found.
Image: Kevin Wade O’Neal. Pic: Polk County Sheriff’s Office
On closer inspection, they discovered an improvised explosive device and evacuated the house until bomb squad officers arrived at the scene.
Fourteen devices were found inside the property – none of which detonated.
Image: Improvised explosive devices were found in Kevin Wade O’Neal’s home. Pic: Polk County Sheriff’s Office
Image: Kevin Wade O’Neal’s home in Old Fort, Tennessee. Pic: Polk County Sheriff’s Office
O’Neal was charged with 11 counts of attempted first-degree murder, corresponding to nine officers and two other people inside the property when the suspect tried to detonate the devices.
He also faces 14 counts of prohibited weapons and one count of possession of explosive components.
Donald Trump says he has ordered two nuclear submarines to be positioned in the “appropriate regions” in a row with former Russian president Dmitry Medvedev.
It comes after Mr Medvedev, who is now deputy chair of Russia‘s Security Council, told the US president on Thursday to remember Moscow had Soviet-era nuclear strike capabilities of last resort.
On Friday, Mr Trump wrote on social media: “Based on the highly provocative statements of the Former President of Russia, Dmitry Medvedev, who is now the Deputy Chairman of the Security Council of the Russian Federation, I have ordered two Nuclear Submarines to be positioned in the appropriate regions, just in case these foolish and inflammatory statements are more than just that.
“Words are very important, and can often lead to unintended consequences, I hope this will not be one of those instances. Thank you for your attention to this matter!”
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0:37
Trump: ‘We’re going to protect our people’
Speaking outside the White House later in the day, Mr Trump was asked about why he had moved the submarines and replied: “We had to do that. We just have to be careful.
“A threat was made and we didn’t think it was appropriate, so I have to be very careful. So I do that on the basis of safety for our people. A threat was made by a former president of Russia and we’re going to protect our people.”
The spat between Mr Trump and Mr Medvedev came after the US president warned Russia on Tuesday it had “10 days from today” to agree to a ceasefire in Ukraine or face tariffs, along with its oil buyers.
Moscow has shown no sign that it will agree to Mr Trump’s demands.
Trump’s move appears to signal a significant deterioration in relationship with Putin
Normally it’s Moscow rattling the nuclear sabres, but this time it’s Washington in what marks a dramatic escalation in Donald Trump’s war of words with the former Russian president Dmitry Medvedev.
More importantly, it appears to signal a significant deterioration in his relationship with Vladimir Putin.
The US president’s patience with the Kremlin was already at its thinnest earlier this week, when he shrank his deadline for progress towards a peace deal from 50 days to 10.
But Russia’s lack of outward concern with this stricter ultimatum – which has swung from dismissive to (in Medvedev’s case) insulting – seems to have flicked a switch.
For this is the first time Trump’s pressure on Moscow has amounted to anything more than words.
We don’t know where the subs are, or how far they had to move to get closer to Russia, but it’s an act that sits several rungs higher than the usual verbal threats to impose sanctions.
How will Russia respond? I’m not sure Vladimir Putin has ever caved to an ultimatum and I doubt he’ll start now.
But I don’t think he’ll want the situation to deteriorate further. So I suspect he’ll make another offer to the US, that’s dressed up as a concession, but in reality may prove to be anything but.
It’s a tactic that’s worked before, but the stakes have suddenly got higher.
On Thursday, Mr Medvedev reminded Mr Trump that Russia possessed a Soviet-era automated nuclear retaliatory system – or “dead hand”.
Mr Medvedev, a close ally of Russian President Vladimir Putin, was referring to a secretive semi-automated Soviet command system designed to launch Russia’s missiles if its leadership was taken out in a decapitating strike.
He made the remarks after Mr Trump told him to “watch his words” after Mr Medvedev said the US president’s threat of hitting Russia and its oil buyers with punitive tariffs was “a game of ultimatums” and added that “each new ultimatum is a threat and a step towards war” between Russia and the US.
Image: Dmitry Medvedev. Pic: Reuters
Mr Medvedev served as Russia’s president from 2008 and 2012, when Mr Putin was barred from seeking a third consecutive term, but then stepped aside to let him run again.
As deputy chair of Russia’s Security Council, he has become known for his provocative and inflammatory statements since Moscow invaded Ukraine in 2022.
Donald Trump has said “nobody has asked” him to pardon Ghislaine Maxwell, but insisted he has “the right to do it” as US president.
Jeffrey Epstein’s former girlfriend is currently serving a 20-year sentence after being convicted of helping the paedophile financier traffic and sexually abuse underage girls in 2021.
Prosecutors have said Epstein’s sex crimes could not have been done without Maxwell, but her lawyers have maintained that she was wrongly prosecuted and denied a fair trial, and have floated the idea of a pardon from Mr Trump.
Last week, they asked the US Supreme Court to take up her case.
When pressed on the possibility of pardoning Maxwell, Mr Trump told reporters: “I’m allowed to do it, but nobody’s asked me to do it.”
He continued: “I know nothing about it. I don’t know anything about the case, but I know I have the right to do it. I have the right to give pardons, I’ve given pardons to people before, but nobody’s even asked me to do it.”
Mr Trump also said he would not pardon Sean “Diddy” Combs, who was convicted in July on two charges of transportation to engage in prostitution.
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4:28
Trump ‘never visited Espstein island’
His comments came shortly after the federal Bureau of Prisons (BOP) said Maxwell has been moved to a minimum-security prison camp in Texas.
She was being held at a low-security prison in Tallahassee, Florida, that housed men and women, but has now been transferred to a prison camp in Bryan, Texas.
When asked why Maxwell was transferred, BOP spokesperson Donald Murphy said he could not comment on the specifics, but that the BOP determines where inmates are sent based on such factors as “the level of security and supervision the inmate requires”.
Maxwell’s lawyer confirmed the move but also declined to discuss the specific reasons for it.
The Texas camp houses solely female prisoners, the majority of whom are serving time for nonviolent offences and white-collar crimes, Sky’s US partner NBC News reports.
Image: Trump and Epstein at a party together in 1992. Pic: NBC News
Minimum-security federal prison camps house inmates considered to be the lowest security risk and some facilities do not even have fences.
A senior administration official told NBC: “Any false assertion this individual was given preferential treatment is absurd.
“Prisoners are routinely moved in some instances due to significant safety and danger concerns.”
Maxwell has received renewed attention in recent weeks, after the US Justice Department said it would not be releasing the so-called ‘Epstein files’.
The department said a review of the Epstein case had found “no incriminating ‘client list'” and “no credible evidence” the jailed financier – who killed himself in prison in 2019 – had blackmailed famous men.
Officials from the Trump administration have since tried to cast themselves as promoting transparency in the case.
Last month, they lodged a request to unseal grand jury transcripts – which was denied – and Maxwell was last week interviewed by Deputy Attorney General Todd Blanche.
Epstein survivor’s family criticises move
Maxwell’s move to a lower security facility has been criticised by the family of Epstein abuse survivor Virginia Giuffre, who died in April, and accusers Annie and Maria Farmer.
They said in a statement: “It is with horror and outrage that we object to the preferential treatment convicted sex trafficker Ghislaine Maxwell has received.
“Ghislaine Maxwell is a sexual predator who physically assaulted minor children on multiple occasions, and she should never be shown any leniency.
“Yet, without any notification to the Maxwell victims, the government overnight has moved Maxwell to a minimum security luxury prison in Texas.”
The statement concluded: “This move smacks of a cover up. The victims deserve better.”