On Thursday afternoon the long awaited Special Counsel report on the investigation into Joe Biden's deliberate mishandling of classified information as a private citizen was released to the public.
Beyond details and photos about what types of classified documents and information Biden wrongfully stored in his unsecured Delaware garage and elsewhere, Special Counsel Robert Hur detailed why the current commander-in-chief won't be charged.
"We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during out interview of him, as a sympathetic, well-meaning, elderly man with a poor memory," the report states. "Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness."
"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. And his cooperation with our investigation, including by reporting to the government that the Afghanistan documents were in his Delaware garage, will likely convince some jurors that he made an innocent mistake, rather than acting willfully-that is, with intent to break the law-as the statute requires," the report continues.
Details about Biden's memory lapses, which have been on display for the American people to see as the president referred to recent conversations with long dead people twice this week, sent White House staff and attorneys into a tailspin.
White House spokesperson Ian Sams is attacking Special Counsel Hur, saying the inclusion of Biden's state of mind during an interview with investigators was "inappropriate."
Everyone should look at page 384 (I know it’s a lot to scroll down)
— Ian Sams (@IanSams46) February 8, 2024
The inappropriate criticisms of the President’s memory are inaccurate, gratuitous, and wrong. We told the Special Counsel this. pic.twitter.com/Cr6VifBMnv
Former Attorney General Eric Holder is also upset the factual details about Biden's mental capacity were revealed.
Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long standing DOJ traditions.
— Eric Holder (@EricHolder) February 9, 2024
Had this report been been subject to a normal DOJ review these remarks would undoubtedly have been excised.