A Justice Department report released on February 8 has cleared President Joe Biden of criminal charges despite finding that he “willfully” retained and disclosed highly classified materials when he was a private citizen. The report, authored by Special Counsel Robert Hur, scrutinizes Mr. Biden’s handling of sensitive government documents but concludes that no charges are warranted.
The investigation, spanning a year, focused on the improper retention of classified documents by Mr. Biden, both during his tenure as a senator and as vice president, which were discovered at his Delaware residence and a private office used after leaving the Obama administration.
While the report acknowledges that Mr. Biden retained classified materials, including documents related to military and foreign policy matters in Afghanistan, it does not recommend criminal charges for several reasons. One key factor cited is Mr. Biden’s authority, as vice president and later as president, to possess classified documents at his residence. Additionally, investigators noted Mr. Biden’s “limited memory” during interviews and emphasized his perception that the notebooks containing classified information were his personal property.
Despite the clearance from criminal charges, the report casts a shadow on Mr. Biden’s credibility, particularly regarding his handling of classified materials. It reveals instances where his staff struggled to retrieve classified documents removed from briefing books, and it underscores concerns about his “limited precision and recall” during interviews.
The report’s findings present an embarrassment for Mr. Biden, who campaigned on a platform of competency and experience. It highlights lapses in compliance with protocols for handling classified information, including storing classified notes in unlocked drawers at home.
While the report removes legal jeopardy for the president, it underscores the need for greater adherence to security protocols. Attorney General Merrick Garland appointed Special Counsel Robert Hur to lead the investigation, aiming to ensure impartiality and transparency in handling the politically sensitive inquiry.
In a statement, the White House counsel’s office confirmed that Mr. Biden chose not to assert executive privilege over any portion of the report, signaling a commitment to transparency in the matter.
Despite the lack of criminal charges, the report raises questions about Mr. Biden’s judgment and adherence to security protocols, underscoring the importance of upholding standards for handling classified information.