‘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
Ukraine war: 14 killed as Russian missile and drone attacks strike Kyiv – including American citizen
Russian missile and drone attacks have killed 14 people in Kyiv overnight, according to Ukrainian officials.
A 62-year-old US citizen who suffered shrapnel wounds is among the dead.
At least 99 others were wounded in strikes that hollowed out a residential building and destroyed dozens of apartments.
Pic: AP
Emergency workers were at the scene to rescue people from under the rubble.
Images show a firefighter was among those hurt, with injured residents evacuated from their homes.
President Volodymyr Zelenskyy described the attack as “one of the most terrifying attacks on Kyiv” – and said Russian forces had fired 440 drones and 32 missiles as civilians slept in their homes.
“[Putin] wants the war to go on,” he said. “It is troubling when the powerful of this world turn a blind eye to it.”
Pic: AP
Ukraine’s interior minister, Ihor Klymenko, said 27 locations across the capital have been hit – including educational institutions and critical infrastructure.
He claimed the attack, in the early hours of Tuesday morning, was one of the largest on the capital since Russia’s full-scale invasion began in February 2022.
Drones swarmed over the city, with an air raid alert remaining in force for seven hours.
One person was killed and 17 others injured as a result of separate Russian drone strikes in the port city of Odesa.
Pic: Reuters
It comes as the G7 summit in Canada continues, which Ukraine’s leader is expected to attend.
Volodymyr Zelenskyy was due to hold talks with Donald Trump – but the president has announced he is unexpectedly returning to Washington because of tensions in the Middle East.
Ukraine’s foreign minister says Moscow’s decision to attack Kyiv during the summit is a signal of disrespect to the US.
Moscow has launched a record number of drones and missiles in recent weeks, and says the attacks are in retaliation for a Ukrainian operation that targeted warplanes in airbases deep within Russian territory.
Kyiv’s mayor Vitali Klitschko says fires broke out in two of the city’s districts as a result of debris from drones shot down by the nation’s air defences.
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Pic: AP
On X, Ukraine’s foreign ministry wrote: “Russia’s campaign of terror against civilians continues. Its war against Ukraine escalates with increased brutality.
“The only way to stop Russia is tighter pressure – through sanctions, more defence support for Ukraine, and limiting Russia’s ability to keep sowing war.”
Olena Lapyshnak, who lived in one of the destroyed buildings, said: “It’s horrible, it’s scary, in one moment there is no life. I can only curse the Russians, that’s all I can say. They shouldn’t exist in this world.”
World
Israeli tank shelling kills 51 people waiting for aid in Khan Younis, Hamas-run health ministry says
Israeli tank shellfire has killed at least 51 Palestinians in Khan Younis, according to the Hamas-run health ministry in Gaza.
Hundreds of others have been injured, with “dozens of critical cases” arriving at a medical complex.
It is feared that the number of fatalities will rise.
Pic: Reuters
The strikes took place as people waited for United Nations and commercial aid trucks in the southern Gaza city.
Witnesses said that Israeli forces carried out an airstrike on a nearby home before opening fire toward the crowd.
“Emergency, intensive care, and operating rooms are experiencing severe overcrowding,” a statement said.
Officials say medical staff “are operating with limited supplies of life-saving medicines” – with the ministry renewing an “urgent appeal” to increase aid.
Pic: Reuters
Hours earlier, Donald Trump had joined other G7 leaders to call for a “de-escalation of hostilities in the Middle East, including a ceasefire in Gaza”.
The Israeli military is yet to comment on this incident.
On Monday, Gaza’s health ministry said at least 34 people were shot dead near food distribution centres.
This was the highest reported daily total since Israel and US-backed aid centres opened last month, with thousands of Palestinians moving through Israeli military-controlled areas to reach them.
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