Justice Department Says Biden ‘Willfully’ Withheld Documents, No Prosecution

Special Counsel Robert Hur will not prosecute President Joe Biden, although it was discovered Biden “willfully” withheld documents.

In an almost 400-page document, the Special Counsel’s Office wrote, “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.”

Biden will not be prosecuted, however, because his memory was “significantly limited.”

“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,” the report adds. “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.”

“We have also considered that, at trial, Mr. Eiden 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,” Hur’s report read. “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.”

Furthermore, Biden “did not remember when he was vice president” in an interview with the special counsel.

Some of the classified materials in Biden’s possession included information relating to Afghanistan.

Donald Trump responded to the report, calling for Special Counsel Jack Smith to “immediately” drop charges relating to the classified records case.

“They should immediately drop the case against me,” Trump told Fox News Digital. “I am covered by the Presidential Records Act — he wasn’t. He had many, many times more documents — totally unguarded. Mine were always surrounded by Secret Service and in locked rooms.”

“This is 100 times more severe. This is two standards of justice and it has to end in our country,” Trump added. “Deranged Jack Smith should drop the case immediately against us.”