![](https://cdn.hosted-assets.com/nextgencauses/ul/q_auto/mrnqxw7Y/c268f6/c268f6-Biden.png)
Special Counsel to Not Seek Charges in Biden Classified Files Case
Should the DOJ investigate Biden?
Updated Feb. 8, 2024, 4:30 p.m. EST
- Special Counsel Robert Hur issued a report into Biden's handling of classified documents after serving as Vice President under the Obama administration, finding that Biden "wilfully retained and disclosed classified materials." The special counsel decided "no criminal charges are warranted."
- Hur expressed concern that jurors wouldn't believe Biden "wilfully" kept the documents – one of the reasons he believes the president should not face charges. The report also highlighted Biden's mental state and memory, saying he was unable to remember the dates of his vice presidency and when his son Beau died in interviews.
- Hur wrote:
"We have also considered that, at trial, Mr. Biden would likely present himself to a jury...as a sympathetic, well-meaning, elderly man with a poor memory."
"We do not believe that the report's treatment of President Biden's memory is accurate or appropriate. The report uses highly prejudicial language to describe a commonplace occurrence among witnesses: a lack of recall of years-old events."
Updated February 16, 2023
- The FBI conducted two searches at the University of Delaware, Biden's alma mater, to see if the President donated any classified papers. Investigators recovered multiple boxes from the college, which houses thousands of boxes holding files related to Biden's time as Senator.
- The University of Delaware received 1,850 boxes of files from Biden in 2012, which are not available to the public.
- The materials retrieved from the college did not appear to have classified markings, but investigators are still reviewing the papers.
Updated January 23, 2023
- During a search prompted by the White House, Justice Department officials found six additional classified items in Biden's Delaware home on Friday.
- The documents seem to be connected to Biden's time as vice president and his tenure in the U.S. Senate. The investigators found the items after Biden offered full access to the premises during a departmental investigation.
- Bob Bauer, Biden's personal attorney, said in a statement that the DOJ was given full access to Biden's home, including "personally handwritten notes, files, papers, binders, memorabilia, to-do lists, schedules, and reminders going back decades."
Updated January 20, 2023
- Earlier this week, the White House provided more details on the discovery of classified files. Attorney General Merrick B. Garland gave a statement along with the White House, including a detailed timeline provided by one of President Biden's lawyers.
- The first set of files was found on Nov. 2 in Biden's Penn Biden Center for Diplomacy and Global Engagement office. It's unclear when the second set was found, but the U.S. attorney in Chicago, John R. Lausch Jr., was told of the files in Wilmington on Dec. 20.
- Biden and his top advisers stayed silent for 68 days in an attempt to allow the incident to blow over and avoid any broader implications. His advisers hoped to convince the Justice Department that the discovery was a minor mistake.
- While Biden has received wide criticism for not making the matter public earlier, officials have maintained that there was no hesitation to informing the National Archives and Records Administration, unlike former President Trump's case.
Updated January 12, 2023
- A second set of classified documents were discovered in the garage of President Biden's home in Wilmington, DE, according to a top White House lawyer.
- These documents are from Biden's time as vice president, as were the set found earlier this week in his former office.
- In a White House statement, Richard Sauber, special counsel to Biden, said the President's team immediately notified the Justice Department and arranged to hand over the documents. The statement did not include information on the content of the papers.
- Sauber said that Biden's house in Rehoboth Beach, DE, was also searched, and the team found no documents.
What’s the story?
- President Biden’s lawyers found “a small number” of classified documents in his former office at the Penn Biden Center in Washington last fall. Biden said he was surprised to learn that these files were in his private office.
- The papers date to his time as vice president and allegedly contain briefings on foreign countries, including Ukraine, Iran, and the United Kingdom. The level of classification is still unclear.
- The White House said that the Counsel’s Office notified the National Archives and that the administration retrieved them quickly.
- The U.S. Justice Department and a Republican congressional committee are investigating the matter. Rep. James Comer (R-KY), the committee’s chairman, shared the panel's concern that Biden compromised intelligent sources.
How does this differ from Trump’s case?
- The FBI found over 300 classified documents — including 18 marked “top secret” — at former President Trump’s Mar-a-Lago estate last August.
- The most evident difference is the response between the two administrations. Federal prosecutors maintain that Trump and his team did not cooperate with the National Archives to return the documents, while Biden’s lawyers alerted the agency immediately. Biden said:
“We’re cooperating fully — cooperating fully — with the review, which I hope will be completed soon.”
Should the DOJ investigate Biden?
(Photo credit: Flickr/Prachatai)
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Biden's lawyers found the files before Archives noticed they were missing most likely because they are VP briefing documents used by no one other than the VP, and proactively returned them. There were only 10 files that were classified but misfiled in a personal folder which appears to be more of a mistake than intentional. Luckily the lawyers noticed the classified markings and returned them immediately unopened.
Contrast this with Trump who has 190+ files in 15+ boxes, many of which are top secret so the National Archives noticed they were missing and for months were asking they be returned along with Congress requesting the same files but unable to get them from the Archives cause Trump had them so they too had to request them from Trump via a subpoena. Even after DOJ & Congressional subpoenas, and an FBI search there are still missing documents over a year later.
Investigating the finding of the security documents should be standard protocol to protect national security. HOWEVER, the fact that there were only a few documents found in a secure area and the discovery was immediately discovered implies to me that it was a matter of innocent "human error" and thus a far cry from the Trump situation.
National security protocols and rules need to be followed by all government officials. In both Biden's case and the trump's they were not. Both cases need to be assessed with regard to the potential damage to National Security which may have occurred and the specifics of how they came to be improperly handled, so that better means of tracking critical documents can be implemented.
That being said, these cases are very different. Biden asked his lawyers to search for materials kept or stored at different locations and when suspected documents were found they immediately contacted the national archives and returned them.
The trump obfuscated and hid over 300 documents claiming that they were his and that he had declassified them 'in his mind'. The trump's documents were highly sensative compartmented documents that, in several cases, only a few people at the highest level off governance are entitled to see.
So far, only a few documents were found by Biden's team and they appear to be from daily briefing materials.
It is doubtful that Biden packed his own office and that some staffers sorted and packaged materials found in his White House. The documents found first were in a folder marked 'personal'. So the real question is who gathered documents, prepared the folder and inserted the documents, and if they were directed to do so and by whom.
This all smacks of administrative errors and nothing nefarious, To keep the MAGA-nuts from making a mountain out of a molehill, let a special counsel look into this fairly and equitably.
The reason is to be transparent, because if you don't the right wing wackos would yell coverup, which they will do anyway no matter what they find, don't confuse them with facts!
The special prosecutor's cheap shot to demean Biden's mental capacity has no place is public findings. It is a political cheap shot by a prosecutor, initially hired by the trump and appointed by Garland as an attempt to assure the apolitical nature of the DOJ.
This prosecutor should be sanctioned or disbarred as his comments on Biden's mental capacity are strictly political - Hur has no qualifications to make these determinations and publicly doing so violates the norms of prosecutorial findings. If they are going to charge someone then put up - otherwise just shut the f up with political commentary.
Further is the apparent confusion that most everyone has in confusing rote memory with higher forms of intelligence, experience and/or wisdom. Rote memory is the lowest form of intellinence - I have worked with some extremity intelligent people that often cannot spout the 'right' word in dynamic situations. They still have the deep knowledge and experience to resolve the totality of an issue in both the short and long term.
Biden has demonstrated his anbility and wisdom to deal with and resolve complex national and geopolitical issues that goes well beyond the transactional 'win the deal - now' kind of grunt response that the MAGA-loco's want.
No need. These reports come form the White House itself, and there was no attempt to claim, retain, or secure the documents illegally as there was in the Mar Lago case. As long as the National Archives are satisfied there is nothing to investigate. If NA complains, THEN there is reason to investigate.
The FBI was told not to trusted the informant in 2019. Apparently the Republican didn't get or want the message?
Time to admit the report was intended to cast suspicions on president Binden me at capacity. Sick and tired of people using their positions to promote their own agenda.
For someone who did not get charged only because he is old with a poor memory, I realize that those reasons will also excuse him from further prosecution, the American people should also know about what other things he forgets.
it may also explain why he thinks he did not benefit from his sons overseas dealings or not remembering his involvement in them. It may also explain why he thinks his son did nothing wrong.
In a recent speech he also said the border was closed in Mexico. Though in the same context stated that closure prevented aid to getting to Gaza
The American people need to know the truth about all of our officials.
Special council my foot! This was inevitable - perfect opportunity to inject politicized crap into nothing
Were the doj asleep? Didn't they read the report before issuance?
You think?
Pence was left off the hook for charges resulting from his possession of classified documents with just a one page letter. I'm mystified why it took Hur over 300 pages to say, similarly, that no charges would be forthcoming against Biden, unless his hidden agenda was to indict him politically rather than legally. In any event I find his seeming gratuitous comments about Biden's memory over the top and at complete variance with observations from all who have recently interacted with the President, including noted economist Paul Krugman. Something stinks here, and it's not Biden.
No, it is a waste of taxpayer money, to impeach any democrat. There is no evidence, facts or data to support any wrongdoing on either drug addict Hunter Biden or Mayorkas. Republican are only wasting taxpayer money, both state and federal, trying to find something to charge high level democrats on anything, directly or indirectly. A fishing exhibition that comes up empty. The reason they don't look at Republican too many skeletons and corruption in the closet, plus it goes to the top. There is more than enough evidence, that is why they are worried!
This certainly smells like proof of a two tier Justice Department.
i think the report issued proved President Biden did nothing wrong. But just like Comey did with Hilary Clinton, Hur made comments to disparage Biden and infuluence the election. effing r's.
Of course Biden should be investigated.
now he says a)all the documents were in locked cabinets. However we know some were in a cardboard box
We also know he spoke to a ghost writer about classified info.
the only reason he's not being indicted is he's an old man with poor memory
Because he is crooked.
Just another example of our 2 teired system of justice! Biden even had there confidential documents in his possession as a private citizen.
Do you think you'd walk if you had confidential government documents in your garage?
Mr Hur seems to be jockeying for big payout appearances in right wing media.
There is a world of difference between Biden's mistakes and Trump's willful retention of huge volumes of documents including lying about it.
How can President Trump be facing charges and Sleepy Joe be getting off? This double standard is pathetic. If Trump is facing charges, Biden should be facing the same charges. At least President Trump had everything secured. Biden had boxes of classified documents in his garage.
CAUSES TELLS ME, THEN ASKS: "Special Counsel Robert Hur issued a report into Biden's handling of classified documents after serving as Vice President under the Obama administration, finding that Biden "wilfully retained and disclosed classified materials." The special counsel decided "no criminal charges are warranted." What do you think?" AND "Should the DOJ investigate Biden."
ME: Ho, hum. Having read at least Hur's Executive Summary It's pretty clear that a DOJ investigation would probably be a waste of my taxpayer money -- there simply isn't enough convincing evidence that Biden willfully intended to break the law when he retained the documents he did (and that iwillful ntent is what a court would need to prove), and in terms of his notebooks/diaries that Ronald Regan kept eigtht years worth of his with impunity... well ... you see the problem. Good that Hur made crystal clear the difference between the Biden Case (and, I assume, the Pence case as well) and the Trump case. Night and day.
I can't believe any Honest DOJ hasn't begun an investigation already!!! Of course Biden needs to be investigated And Prosecuted.
It seems both Biden and Pence made honest mistakes(unlike Trump).
That being said, this is a huge clerical error. I have worked in Banking, Finance and Real Estate as a Secretary, Administartive Assistant, Executive Admin., etc and I know this much: If classified(and not as classified and important as the doc these people have) documents had accidnetally left the offices I had worked at I would have been fired....probably blacklisted so I could never work in that field again andso, whomever is responsible for the extreme clerical errors that are taking place needs to be fired and never allowed to work in the same capacity, elsewhere, for anyone else again.
Mr. Hur's report should stick to the facts and layoff all his editorializing. He did his best to make it a hit job on Biden. Just another Republican *(&^%.
Thanks, Causes, for not updating the question. For the record, the DOJ did investigate Biden, as a majority of us said they should.
This is just sheer laziness on the part of the website. I'm a little appalled.