The report is in and published. Special Counsel, Robert Hur – who happens NOT to be White – has determined that Joe Biden did in fact willfully retained and disclosed classified materials after his vice presidency when he was a private citizen, and that these classified materials included: marked classified documents about military and foreign policy in Afghanistan, and notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods.
Special Counsel Hur also concluded that, despite this, Biden should not be charged with any crime or wrongdoing, partially due to the DOJ’s longstanding rule against prosecuting a sitting President, and partially due to Biden being “innocent” due to mental disease or defect.
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. 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.
We conclude the evidence is not sufficient to convict, and we decline to recommend prosecution of Mr. Biden for his retention of the classified Afghanistan documents.— Robert K. Hur, Special Counsel
In a nutshell, Mr. Hur’s report and recommendation to his boss, AG Merrick Garland, that, irrespective of any longstanding proscription against prosecuting a sitting POTUS and a similar – only once violated… by Garland – longstanding precedent of not prosecuting a former President or Vice President for mishandling classified documents from his own administration, there’s no point of bringing charges against Biden because a jury is likely to acquit him on the grounds of his failing mental state.
My Take On This Farce
One, there was no legal or law enforcement point in this investigation in the first place. If The DOJ, by it’s own rules, can’t prosecute a POTUS and precedent has, with one politically motivated exception, always been to simply recover the mishandled materials from former POTUS’s and not charge them, the only reason for the report was to create a more palatable reason for doing exactly nothing. And that is exactly what Hur did; he stated the case that Biden wouldn’t be convicted by jury due to reasonable doubt of his mental ability to willfully violate the statute. That lets Garland and the DOJ “off the hook” for not indicting Biden.