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 Bidenhad “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.
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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.
Biden’s critics supercharged with particularly troubling verdict on president’s memory
He won’t be facing charges but that’s not the big news.
The report by a Justice Department Special Counsel is pretty devastating in its assessment of the state of mind of the American president.
Over more than 200 pages, Robert Hur explains why President Joe Biden will not face charges for holding classified documents after leaving office as vice president.
Essentially, the report concludes that a conviction would be unlikely because a jury would see him as “a well-meaning, elderly man with a poor memory… someone for whom many jurors will want to identify reasonable doubt”.
“Mr Biden’s memory was significantly limited, both during his recorded interviews with the ghostwriter in 2017, and in his interview with our office in 2023… He did not remember when he was vice president…
“He did not remember, even within several years, when his son Beau died. And his memory appeared hazy when describing the Afghanistan debate that was once so important to him.”
For any sitting president this would be a damning portrayal. But for President Biden it’s particularly troubling. The 81-year-old is facing growing questions about his age and mental capability.
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.
Image: 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.
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.
Image: 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.
Some of the world’s biggest tech giants reported quarterly earnings on Wednesday – with a mixed bag of results as fears grow that a bubble is forming in artificial intelligence.
Microsoft revealed that its spending on AI infrastructure hit almost $35bn (£26.5bn) in the three months to the end of September, a sharp rise compared with the year before.
Despite revenue jumping 18% and net income rising 12%, shares plunged by close to 4% in after-hours trading, with investors concerned about the mounting costs of sustaining the boom.
Image: Microsoft is now a $4trn company thanks to its stake in ChatGPT maker OpenAI. AP file pic
Microsoft’s vice president of investor relations Jonathan Neilson said: “We continue to see demand which exceeds the capacity we have available.
“Our capital expenditure strategy remains unchanged in that we build against the demand signal we’re seeing.”
Big Tech is facing increasing pressure to show returns on the massive AI investments they’re making, against a backdrop of soaring valuations and limited evidence of productivity gains.
Microsoft became the world’s second most valuable company this week thanks to its 27% stake in OpenAI, the creator of ChatGPT.
Its market capitalisation surged beyond $4trn (£3trn) at one point, but that psychologically significant threshold is now in doubt because of recent selloffs.
Image: iStock file pic
Alphabet makes history
Last night’s results weren’t all doom and gloom – with shares in Google’s parent company surging by 6% in after-hours trading.
Alphabet has also set out aggressive spending ambitions, but placated investors thanks to an impressive set of results that surpassed analysts’ expectations.
Total revenue for the quarter stood at a staggering $102.35bn (£77bn), with the search giant’s advertising unit remaining robust despite growing competition.
But concerns linger that Alphabet’s dominance in search could be undermined by AI startups, with OpenAI recently unveiling a browser designed to rival Google Chrome.
Hargreaves Lansdown’s senior equity analyst Matt Britzman shrugged off this threat – and believes the company is “gearing up for long-term AI leadership”.
He said: “Alphabet just delivered its first-ever $100bn quarter, silencing the doubters with standout performances in both Search and Cloud.
“AI Overviews and AI Mode are clearly resonating with users, helping to ease fears that Google’s core search business is under threat from generative AI.
“With ChatGPT’s recent browser demo falling short of a game-changer, Google looks well-placed to put up a strong defence as gatekeeper to the internet.”
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Meta faces a mauling
Meta – the parent company of Facebook, Instagram, and WhatsApp – saw its shares tumble by as much as 10% in after-hours trading.
Mark Zuckerberg’s tech empire anticipates “notably larger” capital expenses next year as it ramps up investments in AI and goes on a hiring spree for top talent.
Net income in the third quarter stood at $2.7bn (£2bn) and suffered an eye-watering $16bn (£12bn) hit because of Donald Trump’s “Big Beautiful Bill”.
Meta was late to the party on AI but has now doubled down on this still-nascent technology – setting an ambition to achieve superintelligence, a milestone where machines could theoretically outthink humans.
The social networking giant continues to benefit from its massive user base, and expects fourth-quarter revenues of up to $59bn (£44bn).
The US central bank has cut interest rates for the second time this year in a move consistently sought by President Trump.
Rates were brought down by a quarter of a percentage point to 3.75%-4%. Unlike the UK, the US interest rate is a range to guide lenders rather than a single percentage.
The Federal Reserve, known as the Fed, has opted for the cut despite the absence of economic announcements due to the government shutdown.
Latest employment figures were not published, as all non-essential functions of government are frozen over the inability of Republican and Democratic legislators to agree on a spending package.
The absence of these figures makes it trickier for the Fed to assess the state of the economy and meet its dual mandate to keep inflation steady and maintain maximum employment.
Data on price rises, however, showed inflation hit 3% in September, one percentage point above the Fed’s 2% target but lower than anticipated by economists.
The fact that concerns over spiralling inflation, fuelled by Mr Trump’s tariff-induced trade war, have not materialised, has facilitated the cut.
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Interest rates had been held amid warnings from Fed chair Jerome Powell that the US economy would grow less and goods would become more expensive due to hiked taxes on imports and the associated disruption in supply.
Mr Powell and the Fed in general have, as a result, been the subject of Mr Trump’s ire. The president sparked a crisis over the Fed’s independence when he moved to remove rate-setter Lisa Cook from her post at the Federal Reserve on alleged mortgage fraud grounds, which she denied.
Before the first interest rate drop of his term, in September, Mr Trump had threatened to remove Mr Powell, calling him a “stupid person” and saying he “should be ashamed”. The animosity comes despite Mr Trump appointing Mr Powell during his first presidential term.
What next?
The prospect of an interest rate cut was one of the factors boosting US and European stock markets in the days running up to the vote, with major stock indexes reaching record highs. Further increases are likely to be seen due to the decision.
OpenAI has completed its transition to a for-profit company, after court battles and public criticism from one of its founders, Elon Musk.
The company’s for-profit arm will become a public benefit corporation – a company type that must consider both the mission and shareholder interests.
But the non-profit arm will retain control over it to make sure OpenAI sticks to its mission of developing artificial intelligence to the “benefit of all humanity”.
The restructuring will make it easier for OpenAI to profit from its AI, which the company says will help it to realise its goal of developing artificial general intelligence (AGI).
AGI would mean AI can perform any intellectual task that a human can. It is often seen as the holy grail for AI companies.
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In a call on Tuesday, OpenAI’s chief executive Sam Altman said “the most likely path” for the newly formed business is that it becomes publicly traded on the stock market, “given the capital needs that we’ll have and sort of the size of the company”.
The company also announced that Microsoft, a long-time backer of OpenAI, will now hold a roughly 27% stake in its new for-profit corporation, a slightly bigger share than OpenAI’s own nonprofit.
“We will be keeping a close eye on OpenAI to ensure ongoing adherence to its charitable mission and the protection of the safety of all Californians,” said California Attorney General Rob Bonta.
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OpenAI said it completed its restructuring “after nearly a year of engaging in constructive dialogue” with the offices in both states.
“OpenAI has completed its recapitalization, simplifying its corporate structure,” said a blog post Tuesday from Bret Taylor, the chair of OpenAI’s board of directors.
“The nonprofit remains in control of the for-profit, and now has a direct path to major resources before AGI arrives.”
Mr Musk accused the ChatGPT developer of transforming into “a closed-source de facto subsidiary of the largest technology company, Microsoft”, according to a court filing.
“It is not just developing but is actually refining an AGI [artificial general intelligence] to maximise profits for Microsoft, rather than for the benefit of humanity,” the court filing said.
After announcing the changes on Tuesday, Mr Altman said:
“California is my home, and I love it here, and when I talked to Attorney General Bonta two weeks ago I made clear that we were not going to do what those other companies do and threaten to leave if sued.
“We really wanted to figure this out and are really happy about where it all landed – and very much appreciate the work of the Attorney General.”