Special Counsel Uncovers Evidence Joe Biden ‘Willfully Retained’ Classified Materials But Can’t Establish Guilt ‘Beyond a Reasonable Doubt’

Special Counsel Robert Hur will not charge President Joe Biden for his handling of classified documents but included stunning revelations in his report of the deterioration of Biden’s memory that are perhaps more politically damning.

The report says the investigation “uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen” but does not establish guilt “beyond a reasonable doubt.”

Yet Hur’s assessment of Biden’s “significantly limited” memory also played a part in his decision not to prosecute.

“We have also 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,” 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.”

Hur’s report is riddled with examples and assessments that Biden’s mental faculties and memory have deteriorated, saying, “Mr. Biden’s memory also appeared to have significant limitations.”

Shockingly, the report says, “He did not remember, even within several years, when his son Beau died.”

Biden has often spoken about his son Beau’s death from brain cancer, on numerous occasions attributing his death to dying in Iraq.

Perhaps most damning is Biden’s inability to remember his time as vice president:

In his interview with our office… He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (“if it was 2013, when did I stop being Vice President?”), and forgetting on the second day of the interview when his term began (“in 2009, am I still Vice President?”).

Despite Hur’s assessment of a prosecution’s chances in court — which mirror the justifications not to charge Hillary Clinton in 2016 — the evidence presented in the report leaves no doubt of Biden’s at-best sloppy handling of classified documents.

“Among the places Mr. Biden’s lawyers found classified documents in the garage was a damaged, opened box containing numerous hanging folders, file folders, and binders. The box…was in a mangled state,” the report reads.

The report also revealed evidence that Biden disclosed classified information to the ghostwriter of his book.

The report’s release comes amid renewed questions about Biden’s mental health. In 2024, Biden has described recent conversations with foreign leaders who died many years ago.

Editor’s Note: The headline on this story was updated to be more precise about the Special Counsel’s findings.

Bradley Jaye is a Capitol Hill Correspondent for Breitbart News. Follow him on X/Twitter at @BradleyAJaye.