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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.

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Biden confuses presidents of Mexico and Egypt

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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Israel had ‘no choice’ but to attack Iran because it was ‘rushing’ to nuclear bomb, president Isaac Herzog claims

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Israel had 'no choice' but to attack Iran because it was 'rushing' to nuclear bomb, president Isaac Herzog claims

Israel had “no other choice” but to attack Iran because it was proceeding “dramatically” towards a nuclear bomb, Israeli President Isaac Herzog has claimed.

Speaking to Sky News’ Yalda Hakim, he said Iran was “rushing” to the bomb “under disguise”.

He also suggested the Israeli war cabinet was discussing Iran’s Supreme Leader, Ayatollah Ali Khamenei, amid reports that President Donald Trump vetoed a plan to kill him.

It comes as Israel and Iran continue to fire missiles at each other after Israel launched an unprecedented strike on Iran’s nuclear and military capabilities.

Tehran has long denied that its nuclear program has been attempting to obtain a nuclear weapon.

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Sky’s Yalda Hakim interrupted by air raid sirens

Mr Herzog was asked why Israel attacked Iran when it did.

“When you take such decisions of historic magnitude and proportions, you have to analyse all facets and all facts,” he replied.

“The truth of the matter is there was no other choice.”

Isaac Herzog speaks to Yalda Hakim
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Isaac Herzog speaks to Yalda Hakim

He claimed Iran was proceeding “dramatically” towards the bomb, both in terms of the enrichment of uranium and, “clandestinely”, the armament part of the process.

“I’ve always been very crystal clear with regards to a nuclear capability of our enemies – it has to be removed at once.”

Mr Herzog added: “We have to remove the Iranian nuclear program because we see the negotiating process as being futile because they are lying whilst talking to us.

“They are lying whilst talking to the United States and other allies.”

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Iran ambassador: ‘This is about self-defence’

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Iran’s ambassador to UK speaks to Sky News
UK advises against all travel to Israel

He was questioned whether the strikes on Iran’s nuclear infrastructure could provoke a response that causes a mass casualty event in Israel.

“(We are) very much aware of the risks of this war,” he replied. “Every night there are missile attacks, heavy missile attacks on Israel.

“We have our air defence systems, which are excellent.

“Unfortunately, we have casualties. Brothers and sisters of ours from toddlers all the way up to the age of 94.”

He continued: “No, we don’t accept it at all… That’s why we are fighting also, to eliminate their capability of firing at us.”

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He also suggested the Israeli war cabinet was discussing Iran’s Supreme Leader Ayatollah Ali Khamenei, after reports Mr Trump vetoed an Israeli plan to kill him.

“Let’s just remember that the Supreme Leader of Iran has for years called for the annihilation of Israel.”

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Iran’s response to Israeli strikes a ‘matter of principle’, ambassador to UK says

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Iran's response to Israeli strikes a 'matter of principle', ambassador to UK says

Iran’s response to Israeli attacks on its nuclear facilities is “self-defence” and a “matter of principle”, the Iranian ambassador to the UK has told Sky News.

Speaking exclusively to The World With Yalda Hakim, Seyed Ali Mousavi said the “barbaric Israeli regime” is “violating international law” – describing Israel’s actions in recent days as “an act of aggression against the Iranian people”.

The conflict between Israel and Iran – once played out in a series of proxy wars – has escalated in the past three days.

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Sky's Yalda Hakim spoke to Iran's ambassador to the UK, Seyed Ali Mousavi.
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Sky’s Yalda Hakim spoke to Iran’s ambassador to the UK, Seyed Ali Mousavi

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Israel-Iran: How the conflict escalated

On Friday morning, explosions hit Tehran as Israel carried out a major attack on its top army leaders, nuclear sites, and nuclear scientists.

Iran threatened “severe punishment” and quickly retaliated with a wave of missiles.

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Missile aftermath in Israel

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Israeli missile hits warehouse in Iranian city

When questioned about whether Iran could continue fighting Israel, the Iranian ambassador told Yalda Hakim that “it is a matter of principle”.

He said: “This is about self-defence, there is no doubt about it.

“We are a responsible member state of the UN and we do all activities according to our international obligations.

“Any activities are only in the framework of self-defence.”

Damage from an Iranian missile attack to a building in Bat Yam, Israel. Pic: Reuters
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Damage from an Iranian missile attack to a building in Bat Yam, Israel. Pic: Reuters

Explosions over Jerusalem
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Explosions over Jerusalem on Sunday

He added that his country would “do our best to preserve our territorial integrity”, and that “with the help of God”, Iran will “materialise endeavours concretely against our enemy – the Israeli regime”.

Mr Mousavi also told Hakim that Iran’s nuclear activities are “monitored”, and that recent comments by the International Atomic Energy Agency (IAEA) were “politically motivated”.

Read more here:
How conflict between Israel and Iran unfolded
UK advises against all travel to Israel
Explosions over Jerusalem as missiles ‘detected’ by IDF

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Missiles have also been seen over Tel Aviv

The UN nuclear watchdog’s board of governors found Iran was not complying with its nuclear obligations for the first time in 20 years.

Iran said it has “always adhered” to the safeguarding obligations laid down by the watchdog.

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Iranian ambassador reacts to strikes – full interview

Announcing Operation Rising Lion on Friday, Israeli Prime Minister Benjamin Netanyahu claimed Iran had recently taken steps to weaponise enriched uranium, which could be used to make nuclear weapons.

But Mr Mousavi stressed that Iran’s “peaceful activities” at its “nuclear fields” were only for the “generation of electricity, and other peaceful” things.

Iran was due to continue its round of negotiations with the US in Muscat – however, this was cancelled, given recent tensions.

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UK government advises against all travel to Israel

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UK government advises against all travel to Israel

The government is warning people not to travel to Israel under any circumstances, as the country’s missile exchange with Iran shows no sign of abating.

On Friday, the Foreign Office warned against “all but essential travel” to most of Israel.

The areas around Gaza, the West Bank and the Golan Heights were already classed as red zones, with warnings to avoid travel to these areas.

But the government has now updated the warning for the remainder of the country to red.

Follow live: Tehran and Israel exchange strikes

This puts Israel on the same level as Iran, and the change of advice is also likely to impact travel insurance.

However, with Israel’s airspace closed, it is unlikely many people will be attempting the journey, and Israel’s national airline El Al has announced it is cancelling flights to and from many European cities, as well as Tokyo and Moscow, until 23 June.

The change in travel advice comes after a second night of ballistic missile barrages from Iran following Israel’s attack in the early hours of Friday morning.

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An eight-storey residential building in Tel Aviv was hit by a missile last night.

On Sunday morning, Israel’s health ministry said 12 people had been killed over the past day, taking the total since Friday to 15. It also said 385 people had arrived at hospital with injuries overnight.

Iran has not provided a total number of deaths or overall casualties, but has claimed dozens have been killed.

Iran’s health minister has said most of those injured and killed in Israeli strikes were civilians. According to comments carried by news agency IRNA, he said the majority were women and children.

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The chancellor said UK forces could “potentially” be used to help defend Israel.

Read more:
UK military could ‘potentially’ be used to defend Israel
Nuclear threat wasn’t the only reason Israel attacked Iran
What are Iran’s military capabilities

What is the UK doing?

The UK government is sending military assets, including fighter jets, to the Middle East.

While the prime minister would not confirm to reporters that UK forces could be used to defend Israel from future Iranian attacks, the chancellor told Sky News earlier that the government is “not ruling anything out”.

Speaking to Sky’s Sunday Morning With Trevor Phillips, Rachel Reeves said sending military assets to the Middle East “does not mean that we are at war”, and emphasised that “we have not been involved in these strikes or this conflict”.

“But we do have important assets in the region,” she continued. “And it is right that we send jets to protect them. And that’s what we’ve done. It’s a precautionary move, and at the same time, we are urging de-escalation.”

Pushed on the question of what the UK would do if Israel asked for support with its operations, the chancellor replied: “I’m not going to rule anything out at this stage. It’s a fast-moving situation, a very volatile situation. But we don’t want to see escalation.”

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