‘Elderly’ Joe Biden won’t face charges over classified documents – and he could not remember when he was vice president, report says
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 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.
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.
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.
‘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.
Two people have been killed and nine injured in a shooting in Philadelphia’s Fairmount Park on Memorial Day.
Police said a large number of people were gathered near Lemon Hill Drive and Sedgley Drive at around 10.30pm local time on Monday when shots were fired.
A man and a woman were killed, and three teenagers – aged 15, 16 and 17 – were among the injured, all of whom were said to be in a stable condition.
“We have not recovered any weapons at this time,” a police officer told reporters.
“This is significant. It’s Memorial Day… we understand the significance of this event and we will make sure to provide an update on Tuesday.”
Memorial Day is a federal holiday in the United States, usually observed on the last Monday of May.
The day is dedicated to honouring and mourning military personnel who have died in the performance of their duties.
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Police said they have made no arrests so far and they have not yet released information on any suspects.
Fairmount Park was closed late on Monday evening following the shooting.
Donald Trump has threatened Russia with more sanctions after a series of deadly strikes across Ukraine, as he said of Vladimir Putin: “What the hell happened to him?”
The US president appeared aghast at the conduct of his counterpart in the Kremlin after drone and missile attacks in Kyiv and other Ukrainian cities left 12 people dead and dozens more injured.
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Speaking to reporters at an airport in New Jersey ahead of a flight back to Washington, Mr Trump said: “I’m not happy with Putin. I don’t know what’s wrong with him.”
“He’s killing a lot of people,” he added. “I’m not happy about that.”
Mr Trump – who said he’s “always gotten along with” Mr Putin – told reporters he would consider more sanctions against Moscow.
“He’s sending rockets into cities and killing people, and I don’t like it at all,” he said.
Ukraine said the barrage of strikes overnight into Sunday was the biggest aerial attack of the war so far, with 367 drones and missiles fired by Russian forces.
It came despite Mr Trump repeatedly talking up the chances of a peace agreement. He even spoke to Mr Putin on the phone for two hours last week.
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Hundreds of drones fired at Ukraine
‘Shameful’ attacks
Volodymyr Zelenskyy has said Ukraine is ready to sign a ceasefire deal, and suggested Russia isn’t serious about signing one.
In a statement after the latest attacks on his country, he urged the US and other national leaders to increase the pressure on Mr Putin, saying silence “only encourages” him.
Mr Trump’s envoy for the country, Keith Kellogg, later demanded a ceasefire, describing the Russian attacks as “shameful”.
Three children were among those killed in the attacks, explosions shaking the cities of Kyiv, Odesa, and Mykolaiv.
Ukrainian siblings Tamara, 12, Stanislav, eight, and Roman, 17, were killed in Russian airstrikes. Pic: X/@Mariana_Betsa
Before the onslaught, Russia said it had faced a Ukrainian drone attack on Sunday. It said around 100 were intercepted and destroyed near Moscow and in central and southern regions.
The violence has escalated despite Russia and Ukraine completing the exchange of 1,000 prisoners each over the past three days.
In Minneapolis, the spot where George Floyd was murdered has been turned into a mural.
His face is depicted in street art on a pavement covered in flowers, rosaries, and other trinkets left by people who have come to pay their respects in the last five years.
His final moments, struggling for breath with white police officer Derek Chauvin’s knee on his neck, were captured in a viral video that provoked anger, upset, and outrage.
Derek Chauvin kneeling on George Floyd’s neck
In Minneapolis and other parts of America, there were protests that at points boiled over into unrest.
The events to mark the fifth anniversary of his death took on a very different tone – one of celebration and joy.
Behind a wooden statue of a clenched fist on one end of a junction now renamed George Perry Floyd Square, people gathered in the morning.
There was a moment of prayer before a brass band began to play and the group marched, while singing and chanting.
George Perry Floyd Square, a makeshift memorial area
‘It made us want to fight harder’
Among those gathered in front of a makeshift stage built in the square were two of Floyd’s family members – his cousin Paris and aunt Mahalia.
To them, the man whose death sparked a racial reckoning in America and further afield, was simply “Perry,” a larger-than-life figure whose presence is missed at family gatherings.
Speaking to me while the speakers behind them thumped and people danced, they didn’t just reflect with sadness though.
There was also pride at a legacy they felt has led to change.
“It made us want to fight harder,” said Mahalia, “and it’s a feeling you cannot explain. When the whole world just stood up.”
George Floyd’s aunt Mahalia and cousin Paris
Referring to Chauvin’s eventual murder charge, Paris added: “I think that from here on out, at least officers know that you’re not going to slide through the cracks. Our voices are heard more.”
The tapestry of items outside the Cup Foods convenience store, now renamed Unity Foods, is not the only makeshift memorial in the area.
A short walk away is the “Say Their Names” cemetery, an art installation honouring black people killed by the police.
Meeting me there later in the day, activist Nikema Levy says the installation and George Floyd Square are called “sacred spaces” in the community.
As someone who took to the streets at the time of Floyd’s death and a community organiser for years before that, she’s constantly stopped by people who want to speak to her.
Activist Nikema Levy speaking to Sky News
‘White supremacy on steroids’
Once we do manage to speak, Levy reminds me of a wider political picture. One that goes beyond Minneapolis and is a fraught one.
In the week of the anniversary, the US Department of Justice rolled back investigations into some of the largest police forces in the country, including in Minneapolis – a move she calls “diabolical.”
“That type of cruelty is what we have seen since Donald Trump took office on January 20th of this year,” she continued.
“From my perspective, that is white supremacy on steroids. And it should come as no surprise that he would take these types of steps, because these are the things that he talked about on the campaign trail.”
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Trump has argued his policing reforms will help make America’s communities safer.
Even on a day of optimism, with a community coming together, Levy’s words in front of headstones bearing the names of black people who have died at the hands of the police are a reminder of how deep the racial divides in America still are – a sentiment she leaves me with.
“From the days of slavery and Jim Crow in this country, we’ve just had the perception of healing, but true healing has never taken place,” she says.
“So the aftermath of George Floyd is yet another example of what we already know.”
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