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Special Counsel Finds Biden ‘Willfully’ Disclosed Classified Materials, Declines Criminal Charges

February 8, 2024










A Justice Department report released Thursday concludes that President Joe Biden “willfully” retained and disclosed highly classified materials, including documents on military and foreign policy matters, during his time as a private citizen. While the report offers a harsh critique of Biden’s handling of sensitive government documents, it stops short of recommending criminal charges against him or anyone else involved.

The investigation, led by special counsel Robert Hur, spanned a year and focused on classified documents found at Biden’s Delaware residence and a private office he utilized between his vice presidency and presidency. While the report acknowledges evidence of Biden’s retention and disclosure of classified materials, it cites various reasons for not pursuing criminal charges, including Biden’s authority as vice president to possess such documents at home.

Notably, the report highlights Biden’s handling of classified documents related to Afghanistan, including his preservation of materials documenting his opposition to troop surge decisions during the Obama administration. Despite indications that Biden knowingly retained classified materials, prosecutors cited factors such as Biden’s limited memory and the absence of clear evidence to support criminal charges.









While the report clears Biden of legal jeopardy, it presents a significant political embarrassment for the president, whose competency and experience were central to his presidential campaign. Biden’s attorneys and the White House were given the opportunity to review the report, and Biden opted not to assert executive privilege over its contents.

The appointment of special counsel Robert Hur by Attorney General Merrick Garland aimed to address potential conflicts of interest in the politically sensitive investigation, which is one of several recent Justice Department inquiries into the handling of classified documents by prominent political figures.


Credit: AP

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