‘Elderly’ Joe Biden won’t face charges over classified documents – and he could not remember when he was vice president, report says
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 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.
A police officer has been injured after a night of violent protests outside an asylum hotel in Dublin – with six arrests made.
Bricks were thrown and fireworks were discharged outside the Citywest Hotel – with glass bottles used as missiles and a police van set on fire.
A Garda helicopter was also targeted with lasers, and the police service says some of those on the streets were seen carrying garden forks.
Pic: PA
Pic: PA
Commissioner Justin Kelly added: “This was obviously not a peaceful protest. The actions this evening can only be described as thuggery. This was a mob intent on violence.
“We will now begin the process of identifying those who committed crimes and we will bring those involved in this violence to justice.”
It is the second night of demonstrations after an alleged sexual assault in its vicinity in the early hours of Monday morning.
Some of the crowd threw stones and other missiles at the public order officers as they moved the protesters back – and water cannon was deployed at the scene.
A line of officers was preventing the protesters from approaching the hotel.
Police officers block protesters outside the hotel. Pic: PA
‘Those involved will be brought to justice’
Ireland’s premier, Taoiseach Micheál Martin, paid tribute to the officers who were on the frontline of the protests.
“There can be no justification for the vile abuse against them, or the attempted assaults and attacks on members of the force that will shock all right-thinking people,” he said.
Justice minister Jim O’Callaghan said those involved in the violence will be brought to justice.
“The scenes of public disorder we have witnessed at Citywest must be condemned,” he said.
“People threw missiles at Gardai, threw fireworks at them and set a Garda vehicle on fire.
“This is unacceptable and will result in a forceful response from the Gardai.
“Those involved will be brought to justice.”
‘No excuse’ for violence
The minister said a man had been arrested and had appeared in court in relation to the alleged assault in the vicinity of the hotel.
He added: “While I am not in a position to comment any further on this criminal investigation, I have been advised that there is no ongoing threat to public safety in the area.”
He said attacks on officers would “not be tolerated”, adding: “Peaceful protest is a cornerstone of our democracy. Violence is not.
“There is no excuse for the scenes we have witnessed.”
The demonstration on Monday night passed without a significant incident.
It comes two years after anti-immigrant demonstrators triggered a major riot in the centre of Dublin after three young children were stabbed.
A police van has been set on fire and missiles have been thrown at officers as protesters gathered outside a hotel used to house asylum seekers in Dublin.
It is the second night of demonstrations outside the Citywest Hotel after an alleged sexual assault in its vicinity in the early hours of Monday morning.
A large crowd has gathered in the area and members of the Garda’s public order unit have been deployed.
Footage from the scene showed a Garda vehicle on fire as well as several protesters displaying Irish flags.
Many protesters carried Republic of Ireland flags
Some of the crowd threw stones and other missiles at the public order officers as they moved the protesters back.
A Garda helicopter hovered overhead and a water cannon was deployed on the scene.
Ireland’s justice minister, Jim O’Callaghan, said those involved will be brought to justice.
“The scenes of public disorder we have witnessed at Citywest tonight must be condemned,” he said.
“People threw missiles at Gardai, threw fireworks at them and set a Garda vehicle on fire.
“This is unacceptable and will result in a forceful response from the Gardai.
“Those involved will be brought to justice.”
The minister said a man had been arrested and had appeared in court in relation to the alleged assault in the vicinity of the hotel.
He added: “While I am not in a position to comment any further on this criminal investigation, I have been advised that there is no ongoing threat to public safety in the area.
He said attacks on gardai will “not be tolerated”, adding: “Peaceful protest is a cornerstone of our democracy. Violence is not.
“There is no excuse for the scenes we have witnessed tonight.”
It was the second night of protest outside the hotel, which is being used as state accommodation for people seeking international protection. The demonstration on Monday night passed without a significant incident.
It comes two years after anti-immigrant demonstrators triggered a major riot in the centre of Dublin after three young children were stabbed.
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There are no plans for Donald Trump and Vladimir Putin to meet in person in the near future, according to a White House official.
The presidents last week agreed to meet in Budapest after a phone call Mr Trump called “extremely frank and trustful”.
The US leader suggested it was possible it could happen within a fortnight, though no date was set.
However, it appears that’s now off the table – and there are fears the meeting could be shelved altogether due to Russia‘s rigid stance on the Ukraine war.
The White House official, speaking to Sky’s US partner network NBC, said secretary of state Marco Rubio and Russian foreign minister Sergei Lavrov had spoken on Tuesday.
The call was described as “productive” but the official added there was no plan for the presidents to meet “in the immediate future”.
The last Trump-Putin meeting was in Alaska in August, but it ended without any meaningful progress towards a ceasefire.
The Budapest plan was announced shortly before Ukrainian President Volodymyr Zelenskyy travelled to Washington last Friday to try to get approval for long-range Tomahawk missiles.
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Why Tomahawks are off the table
Mr Zelenskyy accused the Russian leader of acting out of fear Ukraine could get the green light and the ability to hit targets far deeper into Russia.
In his nightly address on Tuesday, he said Russia “almost automatically became less interested in diplomacy” after it became clear Mr Trump had backed away from any decision on the Tomahawks.
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Professor Michael Clarke answers your questions on the Ukraine war.
Two US officials told Reuters that plans for the Budapest meeting had stalled over Russia’s insistence any peace deal must give it control of all of the Donbas region.
Those terms are said to have been reiterated over the weekend in a private communique known as a “no paper”.
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The Kremlin’s refusal to budge effectively rejects Mr Trump’s latest assessment that the frontlines should be frozen as they are.
The president shifted position last week after previously telling the UN General Assembly that Ukraine could win back all the land it has lost.
Read more:
Putin’s ‘not so secret weapon’ | Ukraine war Q&A
UK ‘ready to spend over £100m’ on possibly sending troops to Ukraine
Ukraine and European nations issued a joint statement on Tuesday insisting “international borders must not be changed by force” and accusing Russia of “stalling tactics”.
But, in an apparent effort to keep the US leader onside, it added: “We strongly support President Trump’s position that the fighting should stop immediately, and that the current line of contact should be the starting point of negotiations.”
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Trump: ‘We can end this war quickly’
Kremlin spokesman Dmitry Peskov gave the impression his country was in no rush to arrange another Trump-Putin meeting, saying on Tuesday “preparation is needed, serious preparation”.
Such talk is likely to increase concerns Russia does not want to stop fighting and is “playing” President Trump – all while continuing to launch drone barrages at Ukrainian cities.
Russia currently holds about a fifth of Ukraine after its invasion in February in 2022. It also annexed the Crimean peninsula in 2014.
Meanwhile, NATO’s secretary general Mark Rutte is travelling to Washington to meet with President Trump on Wednesday.
He will “discuss various aspects related to NATO’s support to Ukraine and to the US-led efforts towards lasting peace”, an official for the alliance said.
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