Summary

  • Special Counsel Robert Hur has issued his report into how Joe Biden handled classified documents after serving as Barack Obama's vice-president

  • The report found evidence that Biden "wilfully retained and disclosed classified materials" but no criminal charges are warranted

  • Hur comments on the president's memory, saying it "appeared to have significant limitations" in interviews with investigators

  • In an interview, Biden "did not remember when he was vice-president", and forgot when his term ended, the report says

  • In a response included in the report, the White House says the descriptions of Biden's memory are not "accurate or appropriate"

  • "Such comments have no place in Department of Justice report", a statement says

  • Hur says files which should have been sent to the National Archives instead ended up in two storage facilities and later a private office

  • But he also notes that there are clear distinctions with the classified documents case involving Donald Trump, who faces criminal charges

  1. Biden issues statement, says he is 'pleased' investigation is overpublished at 20:47 Greenwich Mean Time 8 February

    In response to the report's release President Joe Biden has just issued a statement.

    The president says he "was pleased to see they reached the conclusion I believed all along they would reach - that there would be no charges brought in this case and the matter is now closed".

    Biden called it "an exhaustive investigation" which went back over 40 years to the 1970s when he was a young senator.

    Quote Message

    I cooperated completely, threw up no roadblocks, and sought no delays"

    President Joe Biden

    "In fact, I was so determined to give the Special Counsel what they needed that I went forward with five hours of in-person interviews over two days on October 8th and 9th of last year, even though Israel had just been attacked on October 7th and I was in the middle of handling an international crisis."

    Biden said he "owed" this to the American people and says he took these issues "seriously", adding that during his career in public service he "always worked to protect America’s security".

  2. Biden does not respond to questions about the reportpublished at 20:43 Greenwich Mean Time 8 February

    Bernd Debusmann Jr
    Traveling with the president

    President Biden disembarks his Marine One helicopter
    Image caption,

    President Biden disembarks his Marine One helicopter

    I'm traveling with President Biden today - and he just arrived at a private airport in Leesburg, Virginia.

    As he emerged from Marine One - his helicopter - members of the travel pool shouted questions about the report - but received no answer.

    He did not appear to hear or acknowledge us.

    The only sound I could hear was the loud noises of helicopter rotors and the engines of the President's motorcade starting its engines as Biden got into a waiting limousine.

    In just a short time, he'll be speaking at a Democratic retreat not far from here.

    It remains to be seen whether he'll comment on today's events.

  3. Why is Biden's case different than Trump's?published at 20:39 Greenwich Mean Time 8 February

    Donald TrumpImage source, Getty Images

    Investigators make a point in the report to lay out the differences between Biden's classified documents probe and former President Donald Trump's case.

    They note that Trump marks the first time the justice department has prosecuted a former president or vice president for mishandling classified documents from their own administration.

    "It is not our role to assess the criminal charges pending against Mr. Trump, but several material distinctions between Mr. Trump's case and Mr. Biden's are clear," investigators say.

    Quote Message

    Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite."

    Investigators also note that he not only refused to return the documents for months, but allegedly obstructed justice by asking others to destroy evidence and lie about it.

    Biden, by contrast, turned the documents over and consented to searches.

  4. White House special counsel: president's cooperation "extraordinary"published at 20:34 Greenwich Mean Time 8 February

    Kayla Epstein
    Senior journalist

    The White House's own special counsel Richard Sauber has replied to this report, highlighting the fact that investigators "found no criminal charges" are warranted in "this matter" and praising the president's "extraordinary" cooperation with the investigation.

    "The President fully cooperated from day one," Sauber said in a statement

    "His team promptly self-reported the classified documents that were found to ensure that these documents were immediately returned to the government because the President knows that’s where they belong. Not only was there no obstruction, the President’s cooperation throughout this 15-month investigation has been extraordinary."

    Sauber writes that "mistakes" are common and "happened with every administration".

    "We disagree with a number of inaccurate and inappropriate comments in the Special Counsel’s report," Sauber said.

    "Nonetheless, the most important decision the Special Counsel made—that no charges are warranted—is firmly based on the facts and evidence."

  5. Analysis

    A report that contains a political gut-punchpublished at 20:30 Greenwich Mean Time 8 February

    Anthony Zurcher
    BBC North America correspondent

    The good news for Joe Biden in Robert Hur’s report is that the special counsel has declined to charge the president with a crime for his handling of classified documents.

    The bad news is why he thinks it would be difficult to get a conviction.

    “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,” Hur writes.

    “It would be difficult to convince a jury that they should convict him-by then a former president well into his 80s of a serious felony that requires a mental state of willfulness.”

    For a man seeking another four years in office – who is already the oldest president in American history – being characterised as an “elderly man with a poor memory” is a political gut-punch.

    The president’s Republican critics are already on the attack.

    “They didn’t want to bring charges against President Biden for the classified documents case because he’s too old and has a bad memory,” the Republican-controlled House of Representatives Judiciary Committee posted on X (formerly Twitter).

    “They’re admitting what we all see every day.”

    Expect more of that in the months ahead. Much more.

  6. Why don't investigators think he should be charged?published at 20:23 Greenwich Mean Time 8 February

    Trump-appointed prosecutor Robert HurImage source, Getty Images
    Image caption,

    Trump-appointed prosecutor Robert Hur who led the investigation

    Investigators say that despite the fact Joe Biden wilfully retained the documents, they do not believe there is enough evidence for him to be criminally charged.

    Jurors in a trial would likely “find reasonable doubt” to convict Biden because when the classified Afghanistan documents were found in Biden’s Delaware garage in 2022, he had the authority to keep classified documents at home as the president, the report states.

    Quote Message

    For a person who had viewed classified documents nearly every day for eight years as vice president, including regularly in his home, finding classified documents at home less than a month after leaving office could have been an unremarkable and forgettable event”

  7. Biden labelled an 'elderly man' with a 'poor memory'published at 20:19 Greenwich Mean Time 8 February

    Joe BidenImage source, Getty Images

    One of the reasons why investigators don’t think Joe Biden would ultimately be convicted of criminal charges for taking the documents is because he 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”.

    “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,” the report states.

  8. Why did Biden keep the documents?published at 20:13 Greenwich Mean Time 8 February

    According to the report, investigators say Biden kept a host of classified materials for several reasons.

    For one, he wanted to collect “papers and artifacts” related to events in his career to “document his legacy”, and to be included in memoirs published in 2007 and 2017.

    He also opposed then-President Barack Obama’s plans to send more troops into Afghanistan in 2009, so he kept materials documenting his opposition to the move, according to the report.

  9. What classified documents did Biden retain?published at 20:11 Greenwich Mean Time 8 February

    Secret Service parks in the driveway of President Joe Biden's house after classified documents were found there in 2023Image source, Reuters
    Image caption,

    Secret Service parks in the driveway of President Joe Biden's house after classified documents were found there in 2023

    We’re combing through the 388-page document about Biden’s retention of classified documents after his time as vice president ended.

    The report finds that Biden “wilfully retained and disclosed classified materials”, but it also finds he should not face criminal charges.

    Investigators say Biden took classified materials including documents about military and foreign policy in Afghanistan, notebooks containing Biden's handwritten entries about issues of national security and “foreign policy implicating sensitive intelligence sources and methods”.

    FBI agents recovered these documents from the garage, offices, and basement den in Biden's home in Wilmington, Delaware.

  10. Report into Biden's classified documents is releasedpublished at 20:08 Greenwich Mean Time 8 February
    Breaking

    The US special counsel’s report into President Biden’s mishandling of classified documents has just been released, which you can read in full here, external.

    An investigation was launched after several secret documents were found last year at Biden's home and former private office.

    The files were immediately returned to US officials when found.

    Stay with us as we pour over the report and bring you the latest news and analysis.