‘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.
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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 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.
World
‘Widespread sexual violence’ took place during Hamas’s 7 October attacks, report by Israeli experts says
A newly released report led by Israeli legal and gender experts presents detailed evidence alleging “widespread and systematic” sexual violence during the Hamas-led terror attack on 7 October.
Warning: This story contains descriptions of rape and sexual violence
The findings, published by the Dinah Project, argue that these acts amount to conflict-related sexual violence (CRSV), and assert that “Hamas used sexual violence as a tactical weapon of war”.
The report draws on 18 months of investigation and is based on survivor testimonies, eyewitness accounts, and interviews with first responders, morgue personnel and healthcare professionals.
According to the Dinah Project, the documented patterns – such as forced nudity, gang rapes, genital mutilation, and threats of forced marriage – indicate a deliberate and coordinated use of sexual violence by Hamas operatives during the attack.
Reported incidents span at least six locations, including the Nova music festival, and several kibbutzim in southern Israel.
A destroyed car near the police station in Sderot, following the 7 October attacks by Hamas. Pic: AP
One section of the report describes victims “found fully or partially naked from the waist down, with their hands tied behind their backs and/or to structures such as trees and poles, and shot”.
At the Nova music festival and surrounding areas, the investigators found “reasonable grounds to believe” that multiple women were raped or gang-raped before being killed.
The report’s findings are consistent with earlier investigations by the United Nations and the International Criminal Court (ICC).
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The UN’s Special Representative on Sexual Violence in Conflict previously concluded that there were “reasonable grounds to believe” CRSV took place during the attack.
Destroyed vehicles near the grounds of the Supernova electronic music festival. Pic: AP
Significantly, the Dinah Project urges the international community to officially recognise the use of sexual violence by Hamas as a deliberate strategy of war and calls on the United Nations to add Hamas to its list of parties responsible for conflict-related sexual violence.
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
The nature and scale of sexual violence on 7 October have been a subject of intense controversy, with some accusing parties of weaponising the narrative for political ends.
This report seeks to confront what its authors call “denial, misinformation, and global silence,” and to provide justice for the victims.
Hamas has denied that its fighters have used sexual violence and mistreated female hostages.
World
Israeli soldiers ‘psychologically broken’ after ‘confronting the reality’ in Gaza, UN expert says
A UN expert has said some young soldiers in the Israeli Defence Forces are being left “psychologically broken” after “confront[ing] the reality among the rubble” when serving in Gaza.
Francesca Albanese, the UN Human Rights Council’s special rapporteur on the occupied Palestinian territories, was responding to a Sky News interview with an Israeli solider who described arbitrary killing of civilians in Gaza.
She told The World with Yalda Hakim that “many” of the young people fighting in Gaza are “haunted by what they have seen, what they have done”.
“It doesn’t make sense,” Ms Albanese said. “This is not a war, this is an assault against civilians and this is producing a fracture in many of them.
“As that soldier’s testimony reveals, especially the youngest among the soldiers have been convinced this is a form of patriotism, of defending Israel and Israeli society against this opaque but very hard felt enemy, which is Hamas.
“But the thing is that they’ve come to confront the reality among the rubble of Gaza.”
An Israeli soldier directs a tank near the border with the Gaza Strip, in southern Israel. Pic: AP
Being in Gaza is “probably this is the first time the Israeli soldiers are awakening to this,” she added. “And they don’t make sense of this because their attachment to being part of the IDF, which is embedded in their national ideology, is too strong.
“This is why they are psychologically broken.”
Jonathan Conricus, a former IDF spokesman who is now a senior fellow at the Foundation for Defence of Democracies, said he believes the Sky News interview with the former IDF solider “reflects one part of how ugly, difficult and horrible fighting in a densely populated, urban terrain is”.
“I think [the ex-soldier] is reflecting on how difficult it is to fight in such an area and what the challenges are on the battlefield,” he said.
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Ex-IDF spokesperson: ‘No distinction between military and civilians’
‘An economy of genocide’
Ms Albanese, one of dozens of independent UN-mandated experts, also said her most recent report for the human rights council has identified “an economy of genocide” in Israel.
The system, she told Hakim, is made up of more than 60 private sector companies “that have become enmeshed in the economy of occupation […] that have Israel displace the Palestinians and replace them with settlers, settlements and infrastructure Israel runs.”
Israel has rejected allegations of genocide in Gaza, citing its right to defend itself after Hamas’s attack on 7 October 2023.
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‘Israel has shifted towards economy of genocide’
The companies named in Ms Albanese’s report are in, but not limited to, the financial sector, big tech and the military industry.
“These companies can be held responsible for being directed linked to, or contributing, or causing human rights impacts,” she said. “We’re not talking of human rights violations, we are talking of crimes.”
“Some of the companies have engaged in good faith, others have not,” Ms Albanese said.
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Listen to The World with Richard Engel and Yalda Hakim every Wednesday
The companies she has named include American technology giant Palantir, which has issued a statement to Sky News.
It said it is “not true” that Palantir “is the (or a) developer of the ‘Gospel’ – the AI-assisted targeting software allegedly used by the IDF in Gaza, and that we are involved with the ‘Lavender’ database used by the IDF for targeting cross-referencing”.
“Both capabilities are independent of and pre-ate Palantir’s announced partnership with the Israeli Defence Ministry,” the statement added.
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