Joe Biden classified documents incident
On January 12, 2023, Garland appointed Robert K. Hur as special counsel to investigate "possible unauthorized removal and retention of classified documents or other records".
On February 8, 2024, the Justice Department released the report by special counsel Hur, which concluded that the "evidence does not establish Mr. Biden's guilt beyond a reasonable doubt", so "no criminal charges are warranted in this matter".
[9][10] For classified documents found in the Penn Biden Center and in the University of Delaware, Hur judged that they "could plausibly have been brought to these locations by mistake".
[15] Hur also surmised that in a trial, "Biden would likely present himself to a jury ... as a sympathetic, well-meaning, elderly man with a poor memory" with "diminished faculties in advancing age".
The documents "not deemed covered by the records requirements to submit to the National Archives" were stored at a temporary facility run by the General Services Administration near the White House before eventually being moved to the Penn Biden Center.
[5] By June 2023, FBI "agents found documents with potential classification markings, dating from 1977 to 1991, during Mr. Biden's service in the Senate" from the material stored in the University of Delaware, stated special counsel Robert Hur's report in February 2024.
[56] Mike Turner (R-OH), incoming chair of the House Intelligence Committee, asked for a national security damage assessment regarding the Biden documents.
[55] Jim Jordan (R-OH), incoming chair of the House Judiciary Committee, launched an investigation and wrote to Garland requesting information and documents.
[58][59] Democratic officials exhibited a mixed response to the incident, with some accusing the Republicans of hypocrisy, others suggested a congressional review of the materials, due to national security concerns.
[62] Senator Debbie Stabenow (D-MI) called Biden's previous comments in 2022 on Trump's document possession "embarrassing", given the current incident.
[60][63] Multiple media outlets such as BBC News, CNN, and The New York Times reported significant differences between the Biden incident and the ongoing FBI investigation into Donald Trump's handling of government documents.
[36][72][39] On January 12, Garland announced that he was appointing a special counsel to investigate "possible unauthorized removal and retention of classified documents or other records".
[75] Hur's investigation examined "the possible unauthorized removal and retention of classified documents or other records discovered" at Biden's think tank in Washington and at his home.
[94] As part of the decision not to pursue charges, Hur noted "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".
[95][96] The report noted that Biden struggled to recall defining personal milestones in his life, such as the death of his son and when he took office as Vice President.
An NBC News poll conducted shortly before the release of Hur's report found that 76% of voters expressed major or moderate concerns about Biden's mental and physical health.
Biden's personal attorney said the inclusion of the content was contrary to Justice Department "regulations and norms" and reminiscent of FBI director James Comey's criticisms of Hillary Clinton during the 2016 presidential campaign.
"[20] In response to the results of the investigation, Vice President Kamala Harris criticized the report, calling it "gratuitous" and "politically motivated", and questioned Hur's integrity.
Some legal experts and government officials have stated that Hur's report contained unnecessary commentary on Biden's mental acuity, beyond what was required as an explanation.
[111][112] Ian Sams, a spokesman for the White House Counsel's office, suggested that Hur, a Republican appointed as a US attorney by Trump, may have felt pressure to include the damaging language about Biden to appease others in his party who might attack him for not criminally charging the president.
[113] Law professor Barbara McQuade stated that Hur's comments "besmirched" Biden and went beyond what was necessary to demonstrate a lack of sufficient evidence to charge him.
[18] Other current and former DOJ officials have stated that Hur's detailed explanation was well within Justice Department guidelines for special counsels, giving relevant information on his decision against charging Biden.
They mentioned that Hur's narrative was likely motivated by self-preservation, as he needed to justify not charging Biden when Trump was indicted for similar, albeit far more serious offenses.
Former prosecutors described Hur's executive summary, containing many "quotable" characterizations about Biden's memory and age, as reading like a "standard internal department memo" justifying non-prosecution.
[19][112][109] Steven Tyrell, who once led the DOJ's fraud department, defended the level of detail Hur included in his report, saying it was very important "to articulate the basis for any charging decision".
[114] Former DEA Acting Administrator Chuck Rosenberg defended Hur on accusations of partisanship, noting that he is obligated to assess a jury's view of Biden.
[115] Associate deputy attorney general Bradley Weinsheimer, the DOJ's senior nonpolitical career official, rejected White House criticisms, stating that the report's comments "fall well within the department’s standards for public release".
Committee chairman Jim Jordan wrote to Garland demanding all documents and communications between the FBI, Justice Department and White House about the matter, as well as information about Hur's appointment as special counsel.
[122] The Judiciary and Oversight committees issued subpoenas for the Department of Justice to turn over materials from the investigation, including audio recordings of Biden's interview with Hur.
[126] The resolution would have imposed a fine of $10,000 per day on Garland for defying a congressional subpoena until he handed over audio of former special counsel Robert Hur's interview with President Joe Biden.
