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Joe Biden’s fitness to continue as president, let alone run for the White House again, is beginning to be questioned after a special counsel investigation into the handling of classified documents said he portrayed himself as an “elderly man with a poor memory”.

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.

And President Biden did himself no favours in trying to convince the American public of his fitness for office when, in a news conference following the special counsel’s decision, he confused the presidents of Mexico and Egypt when discussing aid to Gaza.

Analysis: The lack of charges is not the story. The story is him and it is devastating

Former president Donald Trump, who faces a 40-count indictment for retaining classified documents, has criticised the decision not to prosecute Mr Biden 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.

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Biden ‘pleased’ with special counsel’s decision

‘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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US announces it will increase steps to limit revenue of Venezuelan president Maduro – as he begins third term

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US announces it will increase steps to limit revenue of Venezuelan president Maduro - as he begins third term

The US has announced it has increased its reward for information leading to the arrest of Venezuelan President Nicolas Maduro.

In a statement on Friday, the US treasury said up to $25m is being offered for information leading to the arrest of Mr Maduro and his named interior minister Diosdado Cabello.

Up to $15m is also being offered for information on the incoming defence minister Vladimir Padrino. Further sanctions have also been introduced against the South American country’s state-owned oil company and airline.

The reward was announced as Mr Maduro was sworn in for a third successive term as the Venezuelan president, following a disputed election win last year.

Nicolas Maduro sworn in for a third term as president.
Pic: Reuters
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Sanctions from the US, UK and EU came as Maduro was sworn in for a third term as president. Pic: Reuters

Elvis Amoroso, head of the National Electoral Council, said at the time Mr Maduro had secured 51% of the vote, beating his opponent Edmundo Gonzalez, who won 44%.

But while Venezuela’s electoral authority and top court declared him the winner, tallies confirming Mr Maduro’s win were never released. The country’s opposition also insists that ballot box level tallies show Mr Gonzalez won in a landslide.

Nationwide protests broke out over the dispute, with a brawl erupting in the capital Caracas when dozens of police in riot gear blocked the demonstrations and officers used tear gas to disperse them.

More on Nicolas Maduro

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From July 2024: Protests after Venezuela election results

More than 2,000 demonstrators were arrested, and Mr Gonzalez fled to Spain to seek asylum in September.

While being sworn in at the national assembly, Mr Maduro said: “May this new presidential term be a period of peace, of prosperity, of equality and the new democracy.”

He also accused the opposition of attempting to turn the inauguration into a “world war,” adding: “I have not been made president by the government of the United States, nor by the pro-imperialist governments of Latin America.”

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The UK and EU have also introduced new sanctions against Venezuelan officials – including the president of Venezuela’s supreme court Caryslia Beatriz Rodriguez Rodriguez and the director of its criminal investigations department Asdrubal Jose Brito Hernandez.

Foreign Secretary David Lammy said Mr Maduro’s “claim to power is fraudulent” and that last year’s election “was neither free nor fair”.

“The UK will not stand by as Maduro continues to oppress, undermine democracy, and commit appalling human rights violations,” he added.

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Mr Maduro and his government have always rejected international sanctions as illegitimate measures that amount to an “economic war” designed to cripple Venezuela.

Those targeted by the UK’s sanctions will face travel bans and asset freezes, preventing them from entering the country and holding funds or economic resources.

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Donald Trump says he’s ‘totally innocent’ and thanks judge moments before no-penalty sentence in hush money case

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Donald Trump says he's 'totally innocent' and thanks judge moments before no-penalty sentence in hush money case

Donald Trump has been handed a no-penalty sentence following his conviction in the Stormy Daniels hush money case.

The incoming US president has received an unconditional discharge – meaning he will not face jail time, probation or a fine.

Manhattan Judge Juan M Merchan could have jailed him for up to four years.

The sentencing in Manhattan comes just 10 days before the 78-year-old is due to be inaugurated as US president for a second time on 20 January.

Trump appeared at the hearing by video link and addressed the court before he was sentenced, telling the judge the case had been a “very terrible experience” for him.

He claimed it was handled inappropriately and by someone connected with his political opponents – referring to Manhattan district attorney Alvin Bragg.

As it happened:
Trump sentenced in Manhattan court

Trump said: “It was done to damage my reputation so I would lose the election.

“This has been a political witch hunt.

“I am totally innocent. I did nothing wrong.”

Concluding his statement, he said: “I was treated very unfairly and I thank you very much.”

The judge then told the court it was up to him to “decide what is a just conclusion with a verdict of guilty”.

He said: “Never before has this court been presented with such a unique and remarkable set of circumstances.

“This has been a truly extraordinary case.”

He added that the “trial was a bit of a paradox” because “once the doors closed it was not unique”.

US President-elect Donald Trump is seen on the screen at Manhattan criminal court in New York, US, on Friday, Jan. 10, 2025.  JEENAH MOON/Pool via REUTERS
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Pic: Reuters

Prosecutor Joshua Steinglass had earlier argued in court that Trump “engaged in a campaign to undermine the rule of law” during the trial.

“He’s been unrelenting in his attacks against this court, prosecutors and their family,” Mr Steinglass said.

“His dangerous rhetoric and unconstitutional conduct has been a direct attack on the rule of law and he has publicly threatened to retaliate against the prosecutors.”

Mr Steinglass said this behaviour was “designed to have a chilling effect and to intimidate”.

It comes after the US Supreme Court rejected a last-ditch attempt by Trump to delay sentencing in the case on Thursday.

Trump’s lawyers argued that evidence used during the trial violated last summer’s Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president.

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Todd Blanche, attorney for former US President Donald Trump, and US President-elect Donald Trump are seen on the screen at Manhattan criminal court in New York, US, on Friday, Jan. 10, 2025.  JEENAH MOON/Pool via REUTERS
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Trump appeared via videolink with his attorney Todd Blanche. Pic: Reuters

Trump’s hush money conviction in May 2024 means he will become the first person convicted of a felony to assume the US presidency.

He was found guilty in New York of 34 counts of falsifying business records relating to payments made to Ms Daniels, an adult film actor, before he won the 2016 US election.

Prosecutors claimed he had paid her $130,000 (£105,300) in hush money to not reveal details of what Ms Daniels said was a sexual relationship in 2006.

Trump has denied any liaison with Ms Daniels or any wrongdoing.

The trial made headlines around the world but the details of the case or Trump’s conviction didn’t deter American voters from picking him as president for a second time.

FILE - Former U.S. President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs at Manhattan Criminal Court in New York, Tuesday, April 23, 2024. (Timothy A. Clary/Pool Photo via AP, File)
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Trump appears in court during his trial. Pic: AP

What is an unconditional discharge?

Under New York state law, an unconditional discharge is a sentence imposed “without imprisonment, fine or probation supervision”.

The sentence is handed down when a judge is “of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release”, according to the law.

It means Trump’s hush money case has been resolved without any punishment that could interfere with his return to the White House.

Unconditional discharges have been handed down in previous cases where, like Trump, people have been convicted of falsifying business records.

They have also been applied in relation to low-level offences such as speeding, trespassing and marijuana-related convictions.

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Family of Leicester City chairman killed in football stadium helicopter crash sue manufacturer for £2bn

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Family of Leicester City chairman killed in football stadium helicopter crash sue manufacturer for £2bn

Leicester City’s owners have launched a landmark lawsuit against a helicopter manufacturer following the club chairman’s death in a crash in 2018.

Vichai Srivaddhanaprabha’s family are suing Italian company Leonardo SpA for £2.15bn after the 60-year-old chairman and four others were killed when their helicopter crashed just outside the King Power Stadium in October 2018.

The lawsuit is the largest fatal accident claim in English history, according to the family’s lawyers. They are asking for compensation for the loss of earnings and other damages, as a result of the billionaire’s death.

The legal action comes more than six years after the fatal crash and as an inquest into the death of the 60-year-old chairman and his fellow passengers is set to begin on Monday.

FIEL - In this May 7, 2016, file photo, Vichai Srivaddhanaprabha applauds beside the trophy as Leicester City celebrate becoming the English Premier League soccer champions at King Power stadium in Leicester, England. 	ASSOCIATED PRESS
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Vichai Srivaddhanaprabha celebrating after Leicester City won the Premier League in 2016. Pic: AP

Mr Srivaddhanaprabha’s son Khun Aiyawatt Srivaddhanaprabha, who took over as the club’s chairman, said: “My family feels the loss of my father as much today as we ever have done.

“That my own children, and their cousins will never know their grandfather compounds our suffering… My father trusted Leonardo when he bought that helicopter but the conclusions of the report into his death show that his trust was fatally misplaced. I hold them wholly responsible for his death.”

The late Mr Srivaddhanaprabha’s company, King Power, was earning more than £2.5bn in revenue per year, according to his family’s lawyers. The lawsuit claims “that success was driven by Khun Vichai’s vision, drive, relationships, entrepreneurism, ingenuity and reputation.”

“All of this was lost with his death,” it adds.

The fatal crash took place shortly after the helicopter took off from Leicester’s ground following a 1-1 draw against West Ham on 27 October 2018.

The aircraft landed on a concrete step and four of the five occupants survived the initial impact, but all subsequently died in the fuel fire that engulfed the helicopter within a minute.

ovember 10, 2018 - Leicester, United Kingdom - A tribute to Vichai Srivaddhanaprabha during the Premier League match at the King Power Stadium, Leicester. Picture date: 10th November 2018. Picture credit should read: James Wilson/Sportimage.(Credit Image: © James Wilson/CSM via ZUMA Wire) (Cal Sport Media via AP Images)
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Thousands of tributes were left outside the ground in the wake of the tragedy. Pic: James Wilson/Sportimage

The other victims were two of Mr Srivaddhanaprabha’s staff, Nursara Suknamai and Kaveporn Punpare, pilot Eric Swaffer and Mr Swaffer’s girlfriend Izabela Roza Lechowicz, a fellow pilot.

Investigators found the pilot’s pedals became disconnected from the tail rotor – resulting in the aircraft making a sharp right turn which was “impossible” to control, before the helicopter spun quickly, approximately five times.

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The Air Accidents Investigation Branch described this as “a catastrophic failure” and concluded the pilot was unable to prevent the crash.

The lawsuit alleges the crash was the result of ‘multiple failures’ in Leonardo’s design process. It also alleges that the manufacturer failed to warn customers or regulators about the risk.

Sky News has contacted helicopter manufacturer Leonardo for comment.

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