White House

Hur Report: No Criminal Charges for Biden, Poor Memory Cited

President Joe Biden was not recommended for criminal charges by the Special Counsel who reviewed whether or not he had violated the law in having classified documents at his home as a private citizen.

The report also questioned Biden’s memory and said it would play a factor at trial if one were to take place.

Biden and former President Donald Trump have been scrutinized recently for having classified documents in their residences. Both have been accused of illegally keeping documents that should not have been in their personal possession.

In January 2023, Biden’s Department of Justice appointed Robert Hur to head up the DOJ’s investigation into Biden’s possession of classified documents he had from his time as vice president but retained afterward as a private citizen. The investigation took over a year to complete, including interviews with Biden.

The summary of Hur’s report said there was insufficient evidence to warrant a trial. A trial would occur when Biden is no longer President which could be 2025 or 2029.

Hur’s report stated:

“Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.”


According to the report, Biden returned documents when requested, let investigators search his property, and cooperated with the investigation. The cooperation from Biden was one reason cited for a recommendation against prosecution.

Hur’s report also said that part of the reason for not recommending prosecution for Biden is because of alleged memory issues.

According to Hur, Biden could not remember when his son had died, or specific questions about when he served as vice president. The report concludes,

“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.”


Biden ridiculed the conclusions of the report. He said his memory is fine and that questioning his memory of his son’s death was unacceptable.

Biden told reporters,

“There’s even reference that I don’t remember when my son died. How in the hell dare he raise that?”


First Lady Jill Biden also criticized the report and references to their son’s death. She said it was unacceptable to try and score political points. However, the Hur team contends that it was Biden who brought his son into the conversation.

The report focused on allegations against Biden, however, it also said there were some material differences between Biden and Trump.

Hur’s team cites the indictment against Trump which alleges that he refused to return documents and that he obstructed the investigation. According to the Hur report, if the allegations against Trump are proven true, they “would present serious aggravating facts.”

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