Special counsel Robert Hur released a report Thursday recommending against charging President Joe Biden for retaining classified documents from his years as vice president and senator, in part because the jury would find Biden sympathetic as an “elderly man with a poor memory” and because his “diminished faculties” make it less likely he intentionally violated the law.
In January 2023, Attorney General Merrick Garland tapped Hur, the U.S. attorney in Maryland appointed by then-President Donald Trump, to investigate Biden’s improper retention of classified documents after he left the Senate in 2009 and the vice presidency in 2017.
The records Biden kept included classified documents regarding military and foreign policy in Afghanistan, along with national security records that implicated “sensitive intelligence sources and methods,” Hur’s report…